THE FLORIDA BAR, COMPLAINANT,
v.
BERNT MEYER, RESPONDENT
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Meyer, suspended from the Florida Bar, sought reinstatement by tendering delinquent dues and requesting approval of a special referee's report in his disciplinary proceeding. The court held that the Bar's proceedings under the 1962 amended Integration Rules were proper for misconduct occurring in 1961, and directed the Board of Governors to make a final determination without delay rather than immediately ordering reinstatement.
The Bar's proceeding under the 1962 amended rules was proper as those rules govern all proceedings instituted thereafter, regardless of when the underlying misconduct occurred. The court declined to immediately order reinstatement and instead directed the Board of Governors to make a final determination on the pending proceeding at the earliest practicable date.
“Rule 11.15, the Integration Rule, specifically provides that the amendments thereto effective January 1, 1962, shall govern all proceedings instituted thereafter.”
Establishes the legal basis for applying 1962 amended rules to 1961 misconduct, validating the Bar's proceedings.
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Join FLexlaw to unlock all legal intelligenceMeyer was convicted in federal district court in 1961 of misconduct. The Florida Bar initiated disciplinary proceedings against him under Article 11 o…
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Respondent by motion seeks an order of this court requiring The Florida Bar to accept payment by him of delinquent dues which would have the effect of reinstating him as a member of the Bar. He also asks that we accept and approve the report and recommendations of a special referee appointed by the Bar to hear evidence in a disciplinary proceeding filed against the respondent and that we order the Bar to cease and desist from conducting any further proceedings arising out of the same misconduct.
The misconduct complained of by the Bar was a judgment of conviction entered against respondent in 1961 by a federal district court. At argument on the respondent’s motion, it appeared that the Board of Governors of The Florida Bar has expressed concern over the validity of the proceedings against respondent because the misconduct occurred in 1961, whereas the proceedings were had under Article 11, the Integration Rule, as amended effective January 1, 1962, 31 F.S.A. This expressed concern explains respondent’s request that the Bar be ordered not to institute any further proceedings against him on the same charges. He wants the matter completed on the basis of the proceedings already had without further delay.
Rule 11.15, the Integration Rule, specifically provides that the amendments thereto effective January 1, 1962, shall govern all proceedings instituted thereafter. Therefore, the Bar’s proceeding under such rules for misconduct committed in 1961 was proper and it will be unnecessary for it to file and conduct new proceedings under the former rule.
At argument on the respondent’s motion counsel for the Bar stated that it would be possible for the Board of Governors to act on the report and recommendations of the special referee at an early meeting. Anticipating such action we will not now act on respondent’s request that the Bar be required to accept payment of delinquent dues tendered by him.
It is therefore ordered that at the earliest date consistent with deliberation required the Board of Governors of The Florida Bar proceed to a final determination of the proceedings now pending against the respondent.
It is so ordered.
THORNAL, C. J., and THOMAS, ROBERTS, O’CONNELL and CALDWELL, JJ., concur.
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THE Florida BAR v. Bernt Meyer, 194 So. 2d 255 (Fla. 1967)…d over the validity of its proceeding under the Integration Rule, as amended effective January 1, 1962, whereas the misconduct complained of occurred in 1961. We settled that concern in our opinion in this cause filed September 21, 1966, reported at 190 So. 2d 168. Thereafter, on October 5, 1966, the Board of Governors filed its judgment recommending that the respondent be suspended from the practice for a period of six months and thereafter until he demonstrate his rehabilitation and fitness to resume the pr…