THE FLORIDA BAR, COMPLAINANT,
v.
GARY G. SMIGIEL, RESPONDENT
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The Florida Bar disciplined attorney Gary G. Smigiel for tampering with evidence, a serious criminal offense. The Florida Supreme Court affirmed the referee's recommendation and disbarred Smigiel from practicing law in Florida for three years without leave to reapply.
The court found Smigiel guilty of multiple violations of professional responsibility rules and disbarred him from practicing law in Florida for three years without leave to reapply, effective immediately.
[1] A conviction for tampering with evidence constitutes a violation of the Florida Bar's Integration Rule and Code of Professional Responsibility.
[2] Disbarment is an appropriate sanction for a lawyer convicted of tampering with evidence.
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Join FLexlaw to unlock all legal intelligence“Respondent was charged in an information on October 29, 1981 with Tampering with Evidence, a third degree felony pursuant to Section 918.13, Florida Statutes”
Establishes the underlying criminal charge that formed the basis for disciplinary proceedings
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Join FLexlaw to unlock all legal intelligenceSmigiel was charged with tampering with evidence, a third-degree felony under Florida law, in October 1981. He was convicted and adjudicated guilty on…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
This disciplinary proceeding by The Florida Bar against Gary G. Smigiel, a member of The Florida Bar, is presently before us on complaint of The Florida Bar and report of referee. Pursuant to article XI, Rule 11.06(9)(b) of the Integration Rule of The Florida Bar, the referee’s report and record were duly filed with this Court. No petition for review pursuant to article XI, Rule 11.09(1) of the Integration Rule of The Florida Bar has been filed.
Having considered the pleadings and evidence, the referee found as follows:
Respondent was charged in an information on October 29, 1981 with Tampering with Evidence, a third degree felony pursuant to Section 918.13, Florida Statutes, in the case of State of Florida v. Gary George Smigiel and Larry Deemer, Circuit Court, Seventh Judicial Circuit, Volu-sia County, Florida, Case No. 31-3446. He was convicted and adjudicated guilty on March 15, 1982 and received a sentence of three (3) years in the Department of Corrections. Respondent before this court stipulated to the facts as contained in the Complaint in this action.
The referee recommends that respondent be found guilty of violation of article XI, Rules 11.02(3)(a) and (b) of the Integration Rule of the Florida Bar and Disciplinary Rules 1-102(A)(3), (4), (5), and (6); 7-102(A)(3), (4), (6), (7), and (8); 7-102(B)(l) and (2); 7-106(C)(7); and 7-109(A) of the Code of Professional Responsibility. The referee further recommends that respondent be disbarred from the practice of law in Florida.
Having carefully reviewed the record, we approve the findings and recommendations of the referee.
Accordingly, respondent, Gary G. Smi-giel, is hereby disbarred from the practice of law in the State of Florida without leave to reapply for three years effective immediately.
Judgment for costs in the amount of $803.15 is hereby entered against respondent, for which sum let execution issue. Interest at the statutory rate is to accrue on all costs not paid within thirty (30) days of entry of this Court’s final order of discipline, unless the time for payment is extended by the Board of Governors.
It is so ordered.
ADKINS, A.C.J., and OVERTON, MCDONALD, EHRLICH and SHAW, JJ., concur.