IN
THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
ADMINISTRATIVE
ORDER NO.2.039-4/03
IN
RE: CONDUCT INCONSISTENT WITH IDEALS AND STANDARDS
OF PROFESSIONALISM
__________________________________:
WHEREAS,
in May of 1990, the Board of Governors of The Florida
Bar approved Ideals and Goals of Professionalism, hereinafter
referred to as the Ideals; and
WHEREAS,
in June of 1990, the Board of Directors of the Palm
Beach County Bar Association approved Standards of
Professional Courtesy, hereinafter referred to as the
Standards, to educate attorneys unfamiliar with the
customary practices in Palm Beach County; and
WHEREAS,
the Standards were endorsed by the Judges of the Fifteenth
Judicial Circuit; and
WHEREAS,
the Professionalism Committee of the Palm Beach County
Bar Association and the President of the Palm Beach
County Bar Association have asked this Court to assist
in counseling members of the Bar who engaged in conduct
inconsistent with the Ideals or Standards;
NOW,
THEREFORE, there is established the Fifteenth Judicial
Circuit Professionalism Council, composed of four members
of the Bar and/or retired Judges selected by the Chief
Judge, the President of the Palm Beach County Bar Association
and a representative of The Florida Bar Board of Governors
for the Fifteenth Judicial Circuit. The Chief Judge
shall not be a member but may preside over the Council.
The
purpose of this Council is to meet with attorneys who
have conducted themselves in a manner inconsistent
with the Ideals or Standards in order to discuss such
conduct and counsel attorneys to avoid future conduct
inconsistent with the Ideals or Standards. The Council
shall have no authority to discipline any attorney
within this circuit nor to compel any attorney to appear
before the Council. The following procedures shall
generally govern the proceeding of the Council:
1.
When any Judge within the Fifteenth Judicial Circuit
determines that an attorney has engaged in conduct
inconsistent with the Ideals or Standards, the Judge
may refer the matter orally or by letter to the Professionalism
Committee of the Palm Beach County Bar. Written referrals
from Judges shall not name the attorney. The letter
shall be addressed to the Professionalism Committee
who will review the letter to determine whether the
matter should proceed to consideration by the Council.
If the Professionalism Committee determines that the
matter should proceed to the Council, the Professionalism
Committee shall address a letter to the attorney involved
inviting that attorney to meet the Council on a date
and time specified.
2.
If an attorney observes conduct on the part of another
attorney which is inconsistent with the Ideals or Standards,
that attorney may request that the Council consider
the matter. Such a request shall be directed by letter
to the Palm Beach County Bar Association Professionalism
Committee which shall review the matter and determine
whether it justifies a referral to the Council. If
a matter is referred to the Council, the Professionalism
Committee shall address a letter to the attorney involved
inviting the attorney to meet with the Council on a
date and time specified.
3.
Any letter sent by the Professionalism Committee requesting
that an attorney appear before the Council shall identify
the conduct inconsistent with the Ideals or Standards
and the Ideals or Standards violated; and specifically
advise the attorney that the Council meeting is not
a disciplinary proceeding.
4.
The Council will meet at the time specified and discuss
with the attorney the conduct inconsistent with the
Ideals or Standards. If an attorney fails to appear,
the Council shall discuss the conduct inconsistent
with the Ideals or Standards. The Council will summarize
the Council's discussions by letter to the attorney
involved.
5.
A copy of the Council's letter with the names deleted
shall be sent to the Palm Beach County Bar Bulletin
for publication.
__________________________
DONE
AND ORDERED, in Chambers, at West Palm Beach, Florida,
this 8th day of April, 2003. /s/ Edward H. Fine, Chief
Judge supersedes admin. order 2.039 - 8/97 supersedes
admin. Order 2.039-9/97 supersedes admin. Order 2.039-10/95
supersedes admin. order 2.039-10/98