Proposal would permit judges to fine lawyers.

A new Bar rule that would codify the power of judges to control the conduct of unprofessional attorneys will be presented to the Bar Board of Governors at its September 29 meeting in Ponte Vedra.

The rule was proposed by the Supreme Court's Commission on Professionalism and the Bar's Committee on Professionalism, which sent it to the court. In turn, the court forwarded the proposal to the Bar, and asked for its response in its annual package of Bar rule amendments, which are typically presented to the court in January or February.

If the board decides not to include the proposal in its rule package, then it must respond to the court by January 2.

That means the board must get its first look at the rule at its September 29 meeting, and must take final action--if it is to be included in

the annual rule package--at its December 8 meeting.

The new rule, which would become Rule 3-5.4, would allow judges to order an attorney who exhibits unprofessional conduct to attend a Bar professionalism and practice enhancement course and pay a $100 to $500 fine to the Bar's Henry C. Latimer Center for Professionalism.

The judge would not have to make a finding of contempt to impose those sanctions. (See sidebar story, page 5, for a further discussion.)

Fifteenth Circuit Court Judge Peter Blanc sent the proposed rule to the court on behalf of the commission and committee, noting both panels unanimously approved the rule.

He said it addresses a concern from trial lawyers that judges don't have enough options to address unprofessional behavior. Currently, they must either refer the lawyer to the Bar's grievance system, which may be too harsh an action, or find the lawyer in contempt, which can require time-consuming hearings.

"The proposed rule answers both the concerns of the trial attorneys and the trial judges by providing an additional tool to assist judges in encouraging and enforcing professionalism standards," Blanc wrote to the Bar. "The rule also provides consistency in the application of professionalism standards among the various courts while at the same time establishing a simple but fair process of enforcement which will encourage its use by trial judges."

The Bar has sent the proposed rule to every Bar section and committee, as well as the Academy of Florida Trial Lawyers, the Florida Defense Lawyers Association, the Florida Association of Criminal Defense Lawyers, the Florida Public Defenders Association, the Florida Prosecuting Attorneys...