THE FLORIDA BAR. IN RE JACKSON MALCOLM JOBE REQUEST FOR PLACEMENT UPON INACTIVE LIST

Fla. | 1973-05-30
No. 43397
Carlton, C.J., Adkins, J., Boyd, J., McCain, J., Dekle, J.
278 So. 2d 600 Florida Supreme Court (1973)

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Synopsis

The Florida Supreme Court suspended attorney Jackson Malcolm Jobe from the practice of law pursuant to Integration Rule 11.07(3) after his federal conviction for felony marijuana possession, rejecting his petition for inactive status.


Holding

An attorney convicted of a felony in federal court must be suspended from practice under Integration Rule 11.07(3), regardless of any pending mental health evaluation that might affect sentencing.


Headnotes

[1] An attorney convicted of a felony in federal court is subject to suspension under Integration Rule 11.07(3) even if a mental health evaluation is pending that might affec…

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Facts & Procedural History

Jackson Malcolm Jobe, a Florida attorney, was convicted in Federal Court of felony possession of 315 pounds of marijuana. A federal trial judge ordere…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause is before the Court on the petition of Jackson Malcolm Jobe for placement on the inactive list of Florida attorneys pursuant to the provisions of The Florida Bar Integration Rule 11.01(4), 32 F.S.A., in that he has not been adjudged incompetent but is incapable of practicing law at this time due to mental illness, incapacity, or other infirmity.

The Florida Bar opposes the petition of J-obe and cross-petitions for suspension of Jobe pursuant to Integration Rule 11.07(3), in that Jobe has been convicted in Federal Court of a felony, possession of 315 pounds of marijuana. Jobe filed a petition in response to the Bar, again urging that he be placed on the inactive list.

Jobe relies upon the decision of the Federal trial judge to order a study into his mental condition which might lead to a modification of his sentence pursuant to 18 U.S.C.A. § 4208(b). Regardless of the outcome of this study, however, Jobe will remain adjudged guilty of a felony by a Federal court, and only the sentence is open to modification.

We agree, therefore, with the Bar that the provisions of Integration Rule 11.07(3) should apply, and it is, therefore, ordered that Jackson Malcolm Jobe is suspended as a member of The Florida Bar until such time as The Florida Bar might initiate other disciplinary proceedings, or until such time as Jobe petitions for and meets the criteria for reinstatement pursuant to Integration Rule 11.11.

It is so ordered.

CARLTON, C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.


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