Narrative Opinion Summary
In this case, an attorney faced disciplinary action from The Florida Bar following his conviction in a United States District Court on multiple felony counts, including the preparation of false income tax returns and mail fraud. The convictions resulted from a jury verdict for the tax-related charges and a guilty plea for mail fraud. The disciplinary proceedings concluded with a referee finding the attorney guilty of violating several provisions of the former Florida Bar Integration Rule and the former Code of Professional Responsibility, as his conduct was deemed dishonest, criminal, and detrimental to his legal practice fitness. Consequently, the referee recommended disbarment, which the Supreme Court of Florida approved, rendering the disbarment effective immediately. The Court also mandated the attorney to bear the costs of $365.06 for the disciplinary proceedings. Furthermore, a motion for clarification confirmed that the attorney is ineligible to apply for readmission to The Florida Bar for a period of ten years from the disbarment date. This outcome underscores the severe repercussions of criminal conduct on legal practice credentials.
Legal Issues Addressed
Disbarment as a Disciplinary Sanctionsubscribe to see similar legal issues
Application: The Supreme Court of Florida approved the recommendation for disbarment, enforcing it immediately as a response to the attorney's criminal conduct.
Reasoning: The referee recommended disbarment, which the Supreme Court of Florida approved, disbarring Hosner effective immediately.
Disciplinary Proceedings Following Criminal Convictionsubscribe to see similar legal issues
Application: The attorney was subjected to disciplinary proceedings after being convicted of multiple felony counts, which formed the basis for the proceedings.
Reasoning: Joe G. Hosner, an attorney, faced disciplinary proceedings by The Florida Bar following his conviction in United States District Court on fourteen felony counts related to the preparation of false income tax returns and one count of mail fraud.
Payment of Disciplinary Proceedings Costssubscribe to see similar legal issues
Application: The attorney was ordered to pay the costs incurred during the disciplinary proceedings.
Reasoning: Additionally, the Court ordered Hosner to pay costs associated with the proceedings amounting to $365.06.
Restriction on Readmission to Barsubscribe to see similar legal issues
Application: The Court determined that the attorney could not apply for readmission for a specified period following disbarment.
Reasoning: A subsequent motion for clarification established that Hosner may not apply for readmission to The Florida Bar for ten years from the date of disbarment.
Violation of Professional Conduct Rulessubscribe to see similar legal issues
Application: The attorney was found guilty of violating provisions that demanded honesty and fitness to practice law, based on his criminal actions.
Reasoning: A referee found Hosner guilty of violating multiple provisions of the former Florida Bar Integration Rule and the former Code of Professional Responsibility, citing conduct that was contrary to honesty, involved criminal activity, and reflected adversely on his fitness to practice law.