The Florida Bar v. Kenneth Chesebro
The Florida Supreme Court approved the referee's finding of guilt but disapproved the recommended suspension, instead imposing a public reprimand and directing attendance at the Bar's Ethics School. Weighing its duty to sanction lawyer misconduct against comity for a sister state's First Offender Act exoneration, the Court found a reprimand appropriate and lifted Chesebro's felony suspension, reinstating him to practice. Justice Labarga dissented, arguing the conduct warranted at least the recommended suspension.
Key facts
- Respondent Kenneth Chesebro, a Florida Bar member, pleaded guilty in Georgia to a felony charge of conspiracy to file a false document (a false slate of presidential electors) in federal court.
- Because the plea was entered under Georgia's First Offender Act and his probation was terminated early, Chesebro was 'exonerated of guilt' and discharged as a matter of law, with the Georgia court declaring he 'shall not be considered to have ever had a criminal conviction.'
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Holdings
- The Court retains ultimate responsibility to determine the appropriate sanction for lawyer misconduct and may depart from a referee's recommended discipline, fashioning a remedy appropriate…
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Why it matters
This professional-responsibility decision illustrates how the Florida Supreme Court treats sister-state criminal dispositions, particularly first-offender or withhold-of-adjudication outcomes, in Bar discipline… — full analysis with a trial
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