The Florida Bar v. Temmer, 80982
| Decision Date | 06 January 1994 |
| Docket Number | No. 80982,80982 |
| Citation | 632 So.2d 1359 |
| Parties | 19 Fla. L. Weekly S133, 19 Fla. L. Weekly S25 THE FLORIDA BAR, Complainant, v. Taryn X. TEMMER, Respondent. |
| Court | Florida Supreme Court |
John F. Harkness, Jr., Executive Director and John T. Berry, Staff Counsel, Tallahassee, and Joseph A. Corsmeier, Asst. Staff Counsel, Tampa, for complainant.
Scott K. Tozian of Smith and Tozian, P.A., Tampa, for respondent.
Respondent Taryn X. Temmer has petitioned this Court to review the findings of fact, recommended disciplinary measures, and the applicable mitigating factors in the referee's report. We have jurisdiction pursuant to article V, section 15 of the Florida Constitution.
The Bar filed a complaint against Temmer in December 1991, alleging that she violated two disciplinary rules based upon her use of marijuana and crack cocaine. In December 1990, Temmer was retained by Frank Alvaro, Jr. to represent him in a criminal matter. Subsequent to that representation, Temmer became engaged in a personal relationship with Alvaro. Temmer was aware that Alvaro had returned to a previous drug habit when she began living with him in April 1991. Temmer apparently smoked marijuana on a regular basis, but also began to smoke crack cocaine in April 1991. In July 1991, Temmer's father and her employer confronted Temmer and Alvaro as they returned to their apartment with crack cocaine. Temmer's father called the police and Alvaro was arrested for grand theft and possession of drug paraphernalia. Temmer made additional criminal charges against Alvaro. Temmer also sought the assistance of a mental health professional to deal with her relationship with Alvaro, and continued weekly counseling sessions until her insurance ran out in December 1991.
In October 1991, Alvaro filed a complaint with the Bar, detailing Temmer's use of cocaine with him. Following a number of family tragedies, Temmer resumed her relationship with Alvaro in November 1991 and also resumed her crack cocaine use. Although Alvaro requested that his complaint be withdrawn, the Bar filed a complaint against Temmer in December 1991. Temmer filed an answer to the complaint denying the allegations.
In January 1992, Temmer was terminated from her employment at the Brandon Law Center based upon her actions during her relationship with Alvaro. Temmer ended her relationship with Alvaro at that point, and voluntarily left the practice of law for several months. In August 1992, Temmer executed a waiver of probable cause hearing and consented to the entry of probable cause as to violating rules 3-4.3 and 4-8.4(b) of the Rules Regulating The Florida Bar.
The referee recommends that Temmer be found guilty of violating rule 3-4.3 () and rule 4-8.4(b) (). The referee recommends that Temmer be suspended from the practice of law for ninety-one days and be required to prove rehabilitation as provided in rule 3-5.1(e). The referee based this recommendation upon Temmer's underlying use of drugs and the fact that Temmer "was not candid with respect to the original complaint and did resume the use of cocaine for a significant time following the first complaint." The referee further recommended that Temmer be placed on probation for three years, during which time she would undergo substance abuse evaluation, including testing, and treatment. In mitigation, the referee considered that Temmer sought professional help for her drug use.
Temmer argues that the referee's recommendation of suspension requiring proof of rehabilitation is not supported by the facts. Temmer asserts that the referee's characterization of her initial response as "false" is incorrect. Temmer claims that she did not make any false statements in her response, but rather made a categorical denial upon the advice of counsel. Temmer cites amended rule 4-8.4 of the Rules Regulating The Florida Bar and the accompanying comment as evidence that this categorical denial was not improper. Rule 4-8.4(g) provides that a lawyer shall not "fail to respond, in...
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ATTORNEY GRIEVANCE COM'N OF MARYLAND v. Gilbert
...practice law. People v. Madrid, 967 P.2d 627, 628 (Colo.1998); People v. Boyer, 934 P.2d 1361, 1362 (Colo. 1997); The Florida Bar v. Temmer, 632 So.2d 1359,1360 (Fla.1994); In the Matter of Gooding, 260 Kan. 199, 917 P.2d 414, 416 (1996); In the Matter of Epps, 148 N.J. 83, 689 A.2d 726 (19......
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Att'y Griev. Comm'n of MD v. Gilbert
...practice law. People v. Madrid, 967 P.2d 627, 628 (Colo. 1998); People v. Boyer, 934 P.2d 1361, 1362 (Colo. 1997); The Florida Bar v. Temmer, 632 So. 2d 1359,1360 (Fla. 1994); In the Matter of Gooding, 917 P.2d 414, 416 (Kan. 1996); In the Matter of Epps, 689 A.2d 726 (N.J. 1997); Columbus ......
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Attorney Grievance v. Black
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The Florida Bar v. Temmer
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