FLORIDA BOARD OF BAR EXAMINERS v. LERNER

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Docket Number

No. 41267.

Attorney(S)

John Germany, Tampa, for petitioner. Stanley Lerner, in pro. per.

Judges

PER CURIAM:

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Smart Summary

Factual and Procedural Background

Pursuant to Rule III, Section 22, of the Rules Relating to Admission to The Florida Bar, the Florida Board of Bar Examiners investigated Stanley Lerner and submitted findings and recommendations to this Court. Lerner's application to sit for the Florida Bar Examination, sworn to on February 24, 1970, contained negative answers to Item 101(d) (asks whether any charges or complaints have been made or proceedings instituted) and Item 101(e) (asks whether the applicant has appeared before a grievance committee). The Board found those answers were false: a complaint by Wanda Horton was sworn to on July 30, 1968 and submitted to the Judicial Inquiry on Professional Conduct in Kings County, New York, Lerner appeared before the Brooklyn Bar Association Committee on Grievances on or about March 19, 1969, and Lerner was ultimately disbarred by the Appellate Division, Supreme Court of New York, Second Judicial Department, effective March 1, 1971. The Board recommended revocation of the license issued to Lerner; this Court considered and adopted that recommendation and ordered revocation.

Legal Issues Presented

Whether the respondent, Stanley Lerner, knowingly gave false answers on his Florida Bar application (Items 101(d) and 101(e)) as sworn on February 24, 1970.
Whether, under Rule III, Section 22 of the Rules Relating to Admission to The Florida Bar, the license issued to Lerner should be revoked based on the Board's findings.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court accepted the Board's factual findings that Lerner, when swearing to his application on February 24, 1970, answered "no" to Item 101(d) despite a sworn complaint by Wanda Horton dated July 30, 1968 and answered "no" to Item 101(e) despite appearing before the Brooklyn Bar Association Committee on Grievances on or about March 19, 1969. The Board's findings also established that these matters culminated in Lerner's disbarment in New York effective March 1, 1971. Based on those findings, the Court concluded that Lerner gained admission to the Florida Bar upon an application that was falsified. Applying Rule III, Section 22 of the Rules Relating to Admission to The Florida Bar, the Court approved and adopted the Board's recommendation that Lerner's license be revoked. The Court's disposition is an order adopting the Board's recommendation. The opinion notes concurrence by Roberts, C.J., and Justices Ervin, Carlton, Adkins and Dekle.

Holding and Implications

The Court approved and adopted the Florida Board of Bar Examiners' recommendation and ordered that the license issued to Stanley Lerner be revoked pursuant to Rule III, Section 22.

Direct effect: Lerner's license to practice law in Florida was revoked. The opinion does not announce or discuss any broader legal precedent beyond the application of the cited rule.

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FLORIDA BOARD OF BAR EXAMINERS, PETITIONER, v. STANLEY LERNER, RESPONDENT.

PER CURIAM:

Pursuant to Rule III, Section 22, of the Rules Relating to Admission to The Florida Bar, the Florida Board of Bar Examiners has made an investigation and submitted its findings and recommendations to this Court for final action.

The findings of the Florida Board of Bar Examiners include the following:

"1. That under Item 101(d) in his application filed with the Board, the accuracy of which was sworn to by respondent on February 24, 1970, he falsely gave the negative answer `no' to the following question:

`Have any charges or complaints, formal or informal, ever been made or filed or proceedings instituted against you?'

well knowing said answer to be false in that a charge or complaint was made against him by one Wanda Horton which was sworn to on July 30, 1968, and submitted to the Judicial Inquiry on Professional Conduct of attorneys in the Second Judicial Department, Supreme Court, Kings County, New York, and which resulted in respondent's ultimate disbarment from the practice of law effective March 1, 1971, by the Appellate Division of the Supreme Court of the State of New York, Second Judicial Department.

"2. That under Item 101(e) in respondent's application filed with the Board, the accuracy of which was sworn to by him on February 24, 1970, he falsely gave the negative answer `no' to the following question:

`Have you ever appeared, formally or informally, before a grievance or other similar committee of any bar association or other law group?'

well knowing said answer to be false in that he appeared, formally or informally, before the Brooklyn, New York Bar Association, Committee on Grievances on or about March 19, 1969, to respond to a complaint made by one Wanda Horton."

It is the conclusion of this Court that the evidence before the Florida Board of Bar Examiners, as set forth in the foregoing findings, establishes that the respondent did gain admission to The Florida Bar Examination upon an application which was falsified, and accordingly the recommendation of the Board that the license heretofore issued to Stanley Lerner be revoked by this Court pursuant to Rule III, Section 22, of the Rule Relating to Admission to The Florida Bar, should be and the same is hereby approved and adopted as the decision of this Court.

It is so ordered.

ROBERTS, C.J., and ERVIN, CARLTON, ADKINS and DEKLE, JJ., concur.