Florida Bar v. Scheinberg
129 So. 3d 315
| Fla. | 2013Background
- The Florida Bar filed a complaint in September 2011 alleging Scheinberg violated Bar Rule 4-8.4(d).
- A referee found Scheinberg guilty of misconduct and recommended a one-year suspension, with costs awarded to The Florida Bar.
- Scheinberg challenged the referee’s guilt finding and the sanction in a petition for review to the Florida Supreme Court.
- The case centers on extensive undisclosed personal communications between Scheinberg and former Judge Gardiner during a capital murder trial of Loureiro, which preceded a retrial.
- The referee concluded the communications prejudiced the administration of justice; the court ultimately discharged the referee’s guilt finding but imposed a harsher two-year suspension.
- The suspension was made effective 30 days from the opinion filing to allow orderly closing of matters and protection of existing clients.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did undisclosed personal communications with a presiding judge violate 4-8.4(d)? | Scheinberg argues the facts do not show prejudice to justice. | Scheinberg contends the communications, though extensive, did not concern the case and cannot support guilt. | Yes; the communications created appearance of impropriety and prejudiced justice. |
| Are the referee’s factual findings sufficient to support guilt under 4-8.4(d)? | Findings show prejudice to the administration of justice from undisclosed communications. | Dispute over sufficiency of factual support for guilt. | Yes; findings are sufficient to support guilt. |
| Is a two-year suspension an appropriate sanction for this misconduct? | Suggests the referee’s one-year sanction is insufficient given seriousness. | Requests lesser sanction or upholding the referee’s recommendation. | Two-year suspension is warranted. |
Key Cases Cited
- In re Adams, 932 So.2d 1025 (Fla.2006) (judge impartiality harmed by relationships with attorneys)
- Florida Bar v. Shoureas, 913 So.2d 554 (Fla.2005) (referee's findings must support guilt determinations)
- Florida Bar v. Anderson, 538 So.2d 852 (Fla.1989) (standard for reviewing discipline; court defers to referee on facts but not on sanction)
- Florida Bar v. Mason, 334 So.2d 1 (Fla.1976) (ex parte communications with a presiding judge; appearance of impropriety)
- Florida Bar v. Temmer, 753 So.2d 555 (Fla.1999) (importance of standards in imposing lawyer sanctions)
- Fla. Bar v. Germain, 957 So.2d 613 (Fla.2007) (mitigation/aggravation review and deference to referee findings)