THE FLORIDA BAR. IN RE HAROLD TURK
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This dissenting opinion argues that a disbarred attorney seeking reinstatement should be subject to the rules in effect at the time of their reinstatement application, which would require passing the bar examination, not the rules in effect at the time of disbarment.
The dissenting justice argues that the majority opinion erred by granting relief to the petitioner and applying rules in effect at the time of disbarment, thereby allowing reinstatement without requiring the bar examination, contrary to current rules.
[1] A disbarred attorney seeking reinstatement must demonstrate rehabilitation and make full restitution of misappropriated funds or obtain satisfactory releases from injured…
[2] A referee's finding of rehabilitation, supported by competent evidence, will be approved when considering a petition for reinstatement to the bar.
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Join FLexlaw to unlock all legal intelligenceHarold Turk was disbarred in 1967 and sought reinstatement. The current rule requires disbarred attorneys to retake and pass the bar examination for r…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
We have for review the petition of Harold Turk for reinstatement to The Florida Bar, which reinstatement was recommended by the Referee and opposed here by the Bar. The background and prior law of the case appears in The Florida Bar v. Turk, 202 So. 2d 848 (Fla.1967), in which the Court said:
“Accordingly, it is the order of this Court that the respondent, Harold Turk, be disbarred from the practice of law for a period of three years from the date of the judgment of the Board of Governors herein, and thereafter until the respondent demonstrates to the Board of Governors of the Florida Bar and to this Court that he has rehabilitated himself pursuant to Article XI of the Integration Rule of the Florida Bar, 32 F.S.A., and has made full restitution of the monies misappropriated by him or has obtained satisfactory releases for such funds from the persons entitled thereto.”
and in In Re The Florida Bar (Turk), 307 So. 2d 162 (Fla.1975).
The period of three years has elapsed and Turk has obtained satisfactory releases from the injured persons as required in the judgment of disbarment and the only remaining question is that of his rehabilitation. On this issue, the Referee, appointed by this Court to hear the cause, heard the testimony, some of which was in conflict, and made his finding that Turk had rehabilitated himself and recommended reinstatement which finding is supported by competent evidence. We agree.
Accordingly, the findings of fact, opinion, and recommendation of the Referee are approved and the petitioner, Harold Turk, is hereby reinstated as a member of The Florida Bar. It is so ordered.
OVERTON, C. J., and ROBERTS, BOYD and ENGLAND, JJ., concur. HATCHETT, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
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In re Fla. Bd. of BAR Exam'rs. In re H.H.S., 373 So. 2d 890 (Fla. 1979)…f an estate entrusted to him, this Court rejected the recommendation of permanent disbarment and found appropriate a three-year disbarment with permission to apply thereafter, upon conditions, for readmission. By this Court’s decision in In re Turk, 333 So. 2d 16 (Fla.1976), the attorney was reinstated. [*894] In The Florida Bar v. Childs, 195 So. 2d 862 (Fla.1967), the referee recommended a private reprimand, the Board of Governors entered judgment that Childs be suspended for one year, and, on review, this…1 / 2
Authorities Cited
- Transco, Inc. v. Coleman J. McNEAL & the Fla. Indus. Comm'n, 202 So. 2d 848 (Fla. 1967)
- THE Florida BAR v. Turk, 202 So. 2d 848 (Fla. 1967)
- In re THE Fla. BAR. In re Harold Turk, 307 So. 2d 162 (Fla. 1975)