Charles Terry TYSON, Petitioner,
v.
THE FLORIDA BAR, Respondent.
Supreme Court of Florida.
*266 Charles T. Tyson, pro se, Sanderson, FL, for Petitioner.
No Appearance, for Respondent.
PER CURIAM.
Pеtitioner Charles Terry Tyson petitions this Court for a writ of mandamus commanding The Florida Bar to reopen its investigation into alleged prosecutorial misconduct by an assistant state attorney for the Fourth Judicial Circuit of Florida. Because petitioner cаnnot demonstrate that the Bar has failed to perform some duty which he has a clear legal right to have performed, this Court hаs no jurisdiction to issue the writ and we therefore dismiss the petition. See Kobayashi v. Kobayashi,
Petitiоner alleges that he filed a letter complaint with the Bar asserting that the assistant state attorney engaged in prosecutоrial misconduct, in the context of the criminal prosecution that resulted in petitioner's current incarceration in the statе prison system, by withholding relevant police reports from the defense, despite defense requests for these materials during discоvery, and by presenting perjured testimony by a law enforcement witness for the State. Petitioner indicates that the Bar openеd a disciplinary file following its preliminary review of his complaint. See R. Regulating Fla. Bar 3-7.3(a) ("Prior to opening a disciplinary file, bar cоunsel shall review the inquiry made and determine *267 whether the alleged conduct, if proven, would constitute a violation of the Rules Rеgulating The Florida Bar warranting the imposition of discipline."); R. Regulating Fla. Bar 3-7.3(b) ("If bar counsel decides to pursue an inquiry, a disciplinary filе shall be opened and the inquiry shall be considered as a complaint, if the form requirement of subdivision (c) is met.").
Petitioner alleges that, after opening the disciplinary file, the Bar conducted an independent investigation during which it both interviewed the attorney appointed by the court to represent petitioner in the context of his criminal proceedings, and obtained a response from the assistant state attorney wherein he denied the allegations made by petitioner. See R. Regulating Fla. Bar 3-7.3(b) ("Bar counsel shall investigate the allegations contained in the complaint."). Petitioner asserts that he subsequently received correspondence from bar counsel indicating that, after having reviewed all of petitioner's submissions, there appeared to be no basis for further action on petitioner's complaint by the Bar and advising petitioner that the file would therefore be closed. See R. Regulating Fla. Bar 3-7.3(d) ("Bar counsel may dismiss disciplinary cases if, after complete investigation, bar counsel determines that the facts show that the respondent did not violate the Rules Regulating The Florida Bar."). This letter from bar counsel, which petitioner attached as an exhibit to his petition in this Court, sets forth at length the reasons supporting bar counsel's determination that no further action was warranted. See R. Regulating Fla. Bar 3-7.3(d) ("If a disciplinary case is dismissed, the complainant shall be notified of the dismissal and shall be given the reasons therefor.").
Petitioner alleges that he thereafter unsuccessfully sought informal review of bar counsel's decision to сlose the disciplinary file within the hierarchical personnel structure of the Bar.[1] Petitioner alleges in his petition that he received correspondence from bar counsel's superiors at the Bar, which he attached as exhibits to his petition in this Court, informing him that the disciplinary file had been independently reviewed by these individuals and that they concurred with the decision by bar counsel tо close the file and pursue no further action. At that point, petitioner initiated these proceedings requesting this Court to indeрendently review his complaint against the assistant state attorney and issue a writ of mandamus commanding The Florida Bar to reopen its investigation into the allegations that this attorney engaged in unethical conduct during the course of petitioner's criminal trial.
"This Court routinely receives inquiries from individuals who are unhappy with the Bar's handling of their complaint against an attorney." Amendments to the Rules Regulating the Florida Bar,
As we explained over forty years ago in In re Harper,
Accordingly, petitioner had no clear legal right to have the Bar proceed with disciplinary charges against the assistant state attorney and therefore is not entitled to the mandamus relief hе seeks. See Huffman v. State,
It is so ordered.
ANSTEAD, C.J., and SHAW, WELLS, PARIENTE, LEWIS, and QUINCE, JJ., and HARDING, Senior Justice, concur.
NOTES
Notes
[1] Although petitioner initiated this informal review process by filing with the Bar a document еntitled "Board of Govenor [sic]Notice of Appeal," he was only entitled to the informal review procedure employed by the Bar in this case because he was never a party to the disciplinary proceeding he initiated with his letter complaint. See R. Regulating Fla. Bar 3-7.4(i); R. Regulating Fla. Bar 3-7.6(j).
