The Florida Bar v. Greene, 75850
Decision Date | 14 November 1991 |
Docket Number | No. 75850,75850 |
Citation | 589 So.2d 281 |
Parties | 16 Fla. L. Weekly S742 THE FLORIDA BAR, Complainant, v. John Montgomery GREENE, Respondent. |
Court | Florida Supreme Court |
John F. Harkness, Jr., Executive Director and John T. Berry, Staff Counsel, Tallahassee, and David G. McGunegle, Bar Counsel, Orlando, for complainant.
John Montgomery Greene, in pro. per.
This disciplinary matter is before the Court upon the report and recommendation of the referee. We have jurisdiction according to article V, section 15, Florida Constitution.
The Florida Bar filed a petition for rule to show cause, alleging that respondent Greene engaged in the practice of law while under suspension. We entered an order to show cause and the appointed referee held an evidentiary hearing. The referee found that Greene engaged in the practice of law on four occasions while he was under suspension. He recommended that Greene be found in contempt of court, that his current suspension be extended for two years, and that he pay a fine of $2,500. Greene did not appear for or participate in the hearing.
We accept the referee's findings that Greene engaged in the practice of law while under suspension. The fact that Greene did not charge a fee for his services and was a personal friend of those for whom he performed the services does not make a difference. The Fla. Bar v. Keehley, 190 So.2d 173 (Fla.1966) ( ).
However, we reject the referee's recommendation as to the appropriate discipline. First, the Bar admits that there is no authority to impose a fine as a condition of discipline. Thus, the referee erred in recommending that Greene pay a $2,500 fine.
We agree with the Bar that further suspension of Greene would be fruitless. Greene has a long history of disciplinary violations. See The Fla. Bar v. Greene, 557 So.2d 35 (Fla.1990); The Fla. Bar v. Greene, 529 So.2d 1103 (Fla.1988); The Fla. Bar v. Greene, 515 So.2d 1280 (Fla.1987); The Fla. Bar v. Greene, 485 So.2d 1279 (Fla.1986); The Fla. Bar v. Greene, 463 So.2d 213 (Fla.1985); The Fla. Bar v. Greene, 235 So.2d 7 (Fla.1970). He has completely disregarded lesser forms of discipline imposed by this Court. He has failed to abide by conditions of probation. He has continued to practice law despite his suspension. We have found disbarment appropriate in other cases in which attorneys have engaged in the practice of law while suspended. See The Fla. Bar v Jones, 571 So.2d 426 (Fla.1990) ( ); The Fla. Bar v. Bauman, 558 So.2d 994 (Fla.1990) ( ). Given Greene's past disciplinary violations, his refusal to adhere to lesser forms of discipline, and his failure to participate in this case, 1 we find that disbarment is warranted.
Accordingly, respondent is hereby disbarred from the practice of law effective upon the filing date of this opinion and is enjoined from the...
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