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Florida Bar 2012 Hawkins Commission FULL REPORT-Review of Discipline System

Florida Bar 2012 Hawkins Commission FULL REPORT-Review of Discipline System

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Published by Neil Gillespie
Florida Bar 2012 Hawkins Commission FULL REPORT-Review of Discipline System 123 pages
Florida Bar 2012 Hawkins Commission FULL REPORT-Review of Discipline System 123 pages

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Published by: Neil Gillespie on Aug 20, 2014
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08/20/2014

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 HAWKINS COMMISSION ON REVIEW OF DISCIPLINE SYSTEM REPORT AND RECOMMENDATIONS
 A REPORT AND ANALYSIS OF TARGETED ASPECTS OF THE ATTORNEY DISCIPLINE SYSTEM
CO-CHAIRS: EDWARD K. CHEFFY MILES A. MCGRANE, III EUGENE K. PETTIS VICE CHAIRS: GREGORY W. COLEMAN JOHN “JAKE” SCHICKEL RENEE E.THOMPSON
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TABLE OF CONTENTS
I. Introduction, Methodology, and Charge II. Membership List III. Outline of Issues Considered IV. Report V. Final Recommendations of the Commission Appendix A: Biographies of Commission Members Appendix B: Presidential Charge Appendix C: Bar Counsel Analysis of Discipline Decisions Appendix D: Recidivism Study by The Florida Bar Appendix E: Results of Survey to Judges (State) Appendix F: Results of Survey to Judges (Federal)
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I. Introduction, Methodology, and Charge
 
In June 2011, incoming Florida Bar President Scott G. Hawkins appointed the Hawkins Commission on Review of the Discipline System. His vision for this Commission was stated in his 2011 video message to Bar members: “The grievance commission will study the Bar’s regulation of lawyer conduct, with an eye on the rapidly growing number of Bar members and in view of some recent high-profile matters involving broad-scale misconduct. The goal is to make sure the Bar is fully responsive and vigilant in regulating our nearly 100,000 members. The Bar has faced some large-scale problems in recent years, such as mass frauds and improper filings in foreclosures, and we must be prepared to handle such large problems in the future.” The Commission was appointed to encompass a wide mix of public and private sector lawyers as well as encompass diversity in race, gender, practice area, geographic location and firm size. The Commission also includes retired judges and lay members. Appendix A further details the diverse background of the Commission members. The Commission’s focus was not an omnibus examination of the disciplinary system, as was conducted by the Coxe Commission from 2003-2005. Instead, the group was given specific tasks to study. (
See
 Appendix B). The Commission was divided into three subcommittees. The first subcommittee, chaired  by Florida Bar President-Elect-Designate Eugene K. Pettis and Vice-Chaired by Renee E. Thompson, immediate past President of the Florida Bar Young Lawyers Division, focused on the Standards for Imposing Lawyer Sanctions, Alternatives to Discipline, and issues related to Aging Lawyers. The second subcommittee, chaired by Edward K. Cheffy and vice chaired by former Florida Bar Board of Governors member John “Jake” Schickel, examined the Bar’s Attorney Consumer Assistance Program, as well as frivolous or retaliatory complaints and complaints against lawyers made by judges. The third subcommittee, chaired by former Florida Bar
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