Many wary of proposal to let judges fine attorneys: proponents say the rule would only codify powers judges already have.

Numerous objections are being raised to a proposed new Bar rule that some say would codify the power of judges to control the conduct of unprofessional attorneys.

When the Board of Governors got its first look at the proposal--which 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 Latimer Center for Professionalism--the board was told its Disciplinary Procedures Committee voted 6-0 not to recommend its adoption.

Reporting to the Board of Governors at its recent meeting in Ponte Vedra, DPC Chair Andrew Sasso of Clearwater said the rule has caused "quite a bit of controversy" and that of the 30-plus comments received codify powers judges already have on the proposal so far, the "vast majority" oppose the measure.

"Most are concerned about the lack of meaningful right to appeal--the lack of due process," Sasso said, noting others were troubled about what they describe as "rogue judges" using the rule to arbitrarily punish lawyers.

Rule 3-5.4 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 that the board include the rule in its annual Bar rule amendment package, to be presented to the court in February, or say by January 2 why it opposes the rule.

The board is expected to take final action on the proposal at its December 8 meeting.

"There is probably no other issue that is higher profile with the membership right now as this proposal," President Hank Coxe said, noting he has asked Bar sections and other lawyer groups to weigh in on the issue.

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. The Bar's Professional Ethics Committee also gave the plan conceptual approval in September by a vote of 16-12 and the Florida Chapter of the American Board of Trial Advocates' board also unanimously supported the proposed rule.

Judge Blanc contends the measure 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.

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