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Florida Board of Bar Examiners re S.M.R.

Citations: 167 So. 3d 447; 40 Fla. L. Weekly Supp. 364; 2015 Fla. LEXIS 1340; 2015 WL 3823005Docket: No. SC15-1098

Court: Supreme Court of Florida; June 18, 2015; Florida; State Supreme Court

Narrative Opinion Summary

The judicial opinion concerns the conditional admission of S.M.R. to The Florida Bar, approved by the Court based on the recommendations of the Florida Board of Bar Examiners. S.M.R.'s admission is subject to a three-year probationary period, during which she must adhere to various conditions, including monthly consultations with a mental health provider, adherence to prescribed treatments, and compliance reporting to The Florida Bar. The mental health provider is responsible for submitting semi-annual reports and notifying the Bar of any missed appointments. S.M.R. is restricted to residing in Florida during the probation, with strict conditions on travel and relocation. Non-compliance with these requirements may lead to probation termination and potential disciplinary actions, including disbarment. Additionally, S.M.R. is obligated to report any legal or criminal issues to The Florida Bar. The opinion outlines the possibility of extending the probation period through mutual agreement or court petition. This structured probation framework aims to ensure S.M.R.'s competency and compliance in her legal practice.

Legal Issues Addressed

Conditional Admission to The Florida Bar

Application: The Court approved the admission of S.M.R. to The Florida Bar under specific conditions involving probation and monitoring.

Reasoning: The Florida Board of Bar Examiners' Report and Recommendation has been approved by the Court, allowing S.M.R. to be admitted to The Florida Bar under specific conditions.

Consequences of Non-Compliance with Probation Conditions

Application: Non-compliance can lead to probation termination and disciplinary actions, with potential for immediate suspension upon violation.

Reasoning: Non-compliance or probable cause findings during probation may lead to termination of probation and initiation of disciplinary actions, including potential disbarment.

Extension of Probation Terms

Application: Extensions of the probation period can be agreed upon between S.M.R. and The Florida Bar or petitioned to the Court.

Reasoning: Extensions of probation may be stipulated between S.M.R. and The Florida Bar or petitioned to the Court for approval.

Notification Obligations for Legal and Criminal Issues

Application: S.M.R. must notify The Florida Bar of any criminal arrests, prosecutions, or grievances during the probation period.

Reasoning: S.M.R. must notify The Florida Bar of any criminal arrests, prosecutions, or grievances related to her legal practice.

Probationary Requirements for Bar Admission

Application: S.M.R.'s law license is subject to a three-year probationary period with specific requirements for mental health consultations and compliance reporting.

Reasoning: S.M.R.'s law license will be on probation for three years. During probation, S.M.R. must consult monthly with Dr. Heidi Napolitano or another licensed mental health provider.

Residency and Travel Restrictions for Probation

Application: S.M.R. must reside in Florida during probation, with restrictions on travel and relocation, failure to comply resulting in license surrender.

Reasoning: S.M.R. must reside in Florida during the probation. Any trips outside Florida longer than ten days require prior approval.

Role of Mental Health Provider in Probation Compliance

Application: The mental health provider must submit semi-annual reports confirming S.M.R.'s consultations and ability to practice law, and notify The Florida Bar of any missed appointments.

Reasoning: Have the mental health provider submit semi-annual reports to The Florida Bar confirming consultations and S.M.R.'s ability to practice law.