PBCBA BAR BULLETINS pbcba_bulletin_feb 2018 | Page 22

PROFESSIONALISM Corner
( continued from page 17 )

PROFESSIONALISM Corner

A NEW MODEL FOR PROFESSIONALISM PEER REVIEW AND DISCIPLINE IN FEDERAL COURT ( con ’ t .)

attorney an order to show cause as to why the report and recommendation should not be accepted . This is the attorney ’ s final chance to be heard . The Court may , by majority vote of active district judges , adopt , modify or reject the report , and may impose those sanctions recommended or whatever penalties it deems appropriate .
The Committee has a discretion to utilize either of its functions at peer review or disciplinary action . Significantly , the Committee and Court may proceed despite the fact that the Florida Bar is proceeding as well . The Committee may , however , stand down in its proceedings to allow the Florida Bar to complete its disciplinary process .
Our Panel ’ s procedures and processes , in contrast , do not include such an extensive disciplinary function . Since 1997 , the Professionalism Panel has heard referrals from both attorneys and judges for attorneys whose conduct is alleged to have violated the Standards of Professional Courtesy and Civility promulgated by the Palm Beach County Bar Association , as well as the ideals and expectations set forth by The Florida Bar . What our Panel clearly does not do is impose any discipline of the kind that The Florida Bar can . This traditional form of peer review has been used throughout the State by a number of circuits . These panels are designed primarily to address unprofessional conduct , as opposed to Florida Bar violations . There is no local function akin to Local Rule 6 ’ s disciplinary procedure .
Interestingly , there is some legal support for an enhanced local function to address unprofessional acts . Indeed , in the traditional grievance committee-referee process , an attorney is prosecuted by The Florida Bar and sanctions are imposed by the Florida Supreme Court . Rule 3-7.8 , Rules Regulating the Florida Bar , however , provides for a proceeding initiated through the judiciary and prosecuted by the State in a trial before a circuit court judge . Rule 3-7.8 ( a ), R . Regulating the Fla . Bar . After an evidentiary hearing as to whether the attorney is guilty of any unprofessional act , “ the judge shall enter such judgment of dismissal , reprimand , probation , suspension , or disbarment as shall be appropriate to the circumstances .”
Rule 3-7.8 ( c ), R . Regulating the Fla . Bar . Our local Panel does not currently propose any actions under this rule .
It will be interesting to see how the Southern District ’ s Rule 6 will play out . We have all seen , for example , how our Local Rule 4 has positively affected our
local practice . Ideally , the Southern District ’ s Rule 6 will have a similar effect . The results in the Southern District will indicate whether this is a model worth considering .
1 For this review of the new Rule 6 and how the Committee works , we are grateful to Clinton Payne of Hinshaw & Culbertson , who chairs the Committee and was recently awarded the prestigious Judge Joe Eaton Unsung Hero Award . The award was established by the Judges of the Southern District of Florida to recognize unselfish service to the Court by a member of the Federal Bar .
Ryon McCabe rmccabe @ mccaberabin . com
Adam Rabin arabin @ mccaberabin . com
Robert Glass rglass @ mccaberabin . com
PBCBA BAR BULLETIN 22