Florida Bar v. Gwynn, 94 So. 3d 425

The Florida Bar filed a four-count complaint against respondent Mary Alice Gwynn on April 1, 2008 alleging misconduct in two federal bankruptcy matters.
A final hearing occurred August 9, 10, and 12, 2010, after which the referee issued findings on October 25, 2010.
The referee found respondent failed to expedite the bankruptcy litigation and thereby failed to competently represent the client, due to numerous frivolous sanctions motions delaying proceedings.
A bankruptcy judge ordered sanctions totaling $14,000 and later affirmed this by the district court; the judge also found dishonesty, incompetence, and bad faith in respondent’s conduct.
Respondent continued to file filings with the bankruptcy court even after being ordered to stop, resulting in additional sanctions and a directive to cease filing unless ordered by the court.
The referee recommended a ninety-day suspension and cost reimbursement; the Bar cross-petitioned seeking a discipline decision review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility and reliance on bankruptcy orders	Gwynn argues the referee relied solely on federal orders, not independent findings.	Gwynn contends the referee should not consider those orders as dispositive factual support.	Referee properly relied on bankruptcy orders to support findings.
Sufficiency of evidence supporting findings	Bar contends substantial evidence supports misconduct findings.	Gwynn contends evidence is insufficient or improperly weighed.	Competent substantial evidence supports the referee’s factual findings.
Discovery confrontations and witness deposition	Bar contends no abuse occurred; judge deposition not essential.	Gwynn claims denial of deposition of Judge Hyman violated her rights.	No abuse of discretion; deposition of Judge Hyman not necessary.
Discipline appropriate under standards	Bar argues disciplinary choice should be at least ninety days with costs.	Gwynn argues lesser discipline is warranted or misapplied findings.	Ninety-one-day suspension is warranted, with costs awarded.
Impact of prior sanctions and pattern of conduct	Bar emphasizes repeated, intentional misconduct and bad faith in bankruptcy proceedings.	Gwynn emphasizes mitigating factors and absence of prior disciplinary record.	Court gives substantial weight to misconduct seriousness; imposes longer suspension.

Florida Bar v. Tobkin, 944 So.2d 219 (Fla. 2006) (referee may rely on federal orders and underlying documents in bar proceedings)
Florida Bar v. Head, 27 So.3d 1 (Fla. 2010) (referee may consider bankruptcy documents and orders as support for findings)
Florida Bar v. Calvo, 630 So.2d 548 (Fla. 1993) (weight, not admissibility, of non-evidentiary sources in disciplinary proceedings)
Florida Bar v. Vining, 707 So.2d 670 (Fla. 1998) (reliance on external orders and documents in disciplinary context)
Florida Bar v. Shankman, 41 So.3d 166 (Fla. 2010) (reaffirmed permissibility of judicial notice and use of federal orders in discipline)