Prosecutor, Judge Among Florida Attorneys Disciplined
Posted on Friday, 30 of October , 2009 at 1:34 pm
TALLAHASSEE, FLA—The former supervisor of the drunk driving division of the Sixth Circuit State Attorney’s office of Bernie McCabe has been publicly reprimanded by the Florida Supreme Court and placed on probation in practicing law and a former judge on the Second District Court of Appeals who had a role in the Terri Schiavo case has been disbarred for five years for using fraudulent means to obtain a mortgage on a home in Hawaii for his stripper friend.
Lydia Dempsey Wardell of Clearwater, 41, had been arrested in July 2008 for driving under the influence of alcohol, DUI, the second time in less than four years after she left the scene of an accident. Although Florida state law calls for a mandatory 10 days in jail if someone is arrested twice for DUI within five years, former Pinellas-Pasco Counties prosecutor Lydia Dempsey Wardell escaped jail time.
Wardell, admitted to the practice of law in 1993, has been placed on probation for three years by the Florida Supreme Court, effective retroactive to May 15 after she was found guilty in court of DUI and leaving the scene of an accident with property damage.
Police had said that Wardell was driving a Ford Explorer which a witness said struck the bumper of a parked 2000 Mercedes in a parking lot and left the scene. The witness gave police the a description of the vehicle and license plate number and Wardell was stopped by police a short distance away. Police said the damage on Wardell’s vehicle matched that of sustained to the Mercedes.
Police said that Wardell refused to take a blood alcohol test and failed field sobriety tests.
Wardell pleaded no contest and although jail time is mandated by law and prosecutors had sought a least a 30-day jail sentence, Hillsborough County Judge Lawrence Lefler refused to send Wardell to jail, instead sentencing her to the 111 days of residential treatment which she has already completed.
She was also sentenced perform 50 hours of community service, pay a $1,000 fine and be placed on eight months of probation. For 90 days, she wore a device that registers alcohol consumption. Her driver’s license has been suspended for five years.
In November 2004 while she was still prosecuting DUI cases for McCabe, she was charged with driving under the influence of alcohol and felony culpable negligence when she drove the wrong way on a street and was involved in an accident with her two young sons in the car with her. Police recorded her blood alcohol level at .23, nearly three times the legal limit. She reportedly told police she was looking for her house but couldn’t find it.
That time Wardell got a plea bargain from Hillsborough County Court Judge Thomas Barber with the felony negligence charges dismissed, pleading to misdemeanors. She was sentenced to 18 months of probation and 100 hours of community service to include 10 hours of speaking to children about the dangers of drinking and driving.
She was also required to attend Alcoholics Anonymous and submit to random urine testing. She was suspended from her job for 30 days without pay and reassigned to the consumer frauds division. She later resigned from the state attorney’s office.
Her driver’s license had been suspended that time for six months, she was required to attend DUI school and complete a program administered by The Florida Bar for lawyers who commit drug or alcohol offenses.
In August, former appeals court judge Thomas E. Stringer Sr. of Brandon, pleaded guilty to federal bank fraud charges. In an Oct. 15 court order, Stringer who had been admitted to practice in 1974 was disbarred for five years.
Stringer, 65, admitted lying on the loan application he had submitted to obtain a $350,000 mortgage for a house in Hawaii he bought with a stripper. Stringer had stated on the loan application that none of the money being used for the down payment was borrowed when in fact he had obtained the cash the stripper, Christy Yamanaka.
Stringer resigned his judicial position in February. He is due to sentenced on Nov. 13. The maximum sentence is 30 years followed by five years of supervised release. However, federal prosecutors have recommended no prison time but the final decision rests in the hands of U.S. District Judge Elizabeth A. Kovachevich. Stringer remains free on his own recognizance.
Stringer was one of the three members of the 2nd District Court of Appeals that ratified the dehydration death of brain injured Terri Schindler Schiavo, handing down a decision on June 3, 2003, supporting the order of judicial homicide issued by Pinellas County Probate Court Judge George Greer at the behest of one of America’s most infamous husbands and adulterers, Michael Schiavo.
She was put to death by dehydration when her feeding tube was removed on March 18, 2005. She died 13 days later.
Stringer and Wardell were among the 19 attorneys who have been disciplined by the Florida Supreme Court in recent court orders. Eight attorneys were disbarred, six suspended and two—-including Wardell—were placed on probation. Some attorneys, such as Wardell, received more than one form of discipline. Five attorneys were publicly reprimanded. Three were ordered to pay restitution.
As an official agency of the Florida Supreme Court, The Florida Bar and its Department of Lawyer Regulation are charged with administering a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the 86,000-plus lawyers admitted to practice law in Florida. Since Aug. 1, 2007, case files have been posted to attorneys’ individual Florida Bar profiles and may be reviewed at and/or downloaded from The Florida Bar’s Web site, www.floridabar.org.
The following lawyers are disciplined. Court orders are not final until time expires to file a rehearing motion and, if filed, determined. The filing of such a motion does not alter the effective date of the discipline.
Marni Blayne Belkin, 777 E Atlantic Ave., Suite C2-249, Delray Beach, suspended for three years, effective retroactive to April 22, following an Aug. 13 court order. (Admitted to practice: 1998) In January, Belkin pleaded guilty in U.S. District Court to one count of conspiracy to file a false loan application, a felony.
Jay Charles Floyd, P.O. Box 840012, Saint Augustine, disbarred for five years, effective retroactive to Jan. 23, following a Sept. 3 court order. (Admitted to practice: 1990) Floyd was further ordered to pay restitution totaling more than $76,000 to four clients. Floyd misappropriated client settlement funds and used the money to satisfy his personal financial obligations.
Johanne Foster, 11110 W. Oakland Park Blvd., #342, Sunrise, publicly reprimanded following a Sept. 17 court order. (Admitted to practice: 2002) Foster committed conduct prejudicial to the administration of justice. She prepared one deed giving ownership of certain real property to a company and later prepared a warranty deed from that company to a mortgage lender, including additional property which was never owned by the company.
Daniel Henry Fox, 2750 N.E. 185th St., Unit 302, Aventura, disbarred effective immediately, following a Sept. 3 court order. (Admitted to practice: 2003) Fox issued trust account checks, which were returned due to insufficient funds; he failed to maintain his trust account and he abandoned his representation of clients in connection with residential real estate loan modifications.
E. Lebron Free, 4773 Berwyn Court, Palm Harbor, publicly reprimanded following a Sept. 17 court order. (Admitted to practice: 1975) Free is further ordered to pay restitution in the amount of $2,000 to one client and $3,500 to another client. Free accepted retainers to represent clients in separate cases. He did not perform all the work and he neglected to return several calls to clients.
Elizabeth Marie Goins, 14733 Huntcliff Park Way, Orlando, suspended for one year, effective 30 days from a Sept. 24 court order. (Admitted to practice: 2002) Upon termination of representation of a client, Goins failed to communicate and return the client’s personal documents. In early 2008, Goins left her practice without notifying the former client. She also failed to notify The Florida Bar of her change of address. In another case, Goins was paid to represent a client but she failed to perform services and she failed to communicate with him. In both instances, Goins neglected to respond to the Bar’s inquiries regarding the matters.
Doreen M. Goldbronn, 687 Alderman Road, #203, Palm Harbor, suspended for six months, effective 30 days from an Aug. 13 court order. (Admitted to practice: 1984) Goldbronn made a misrepresentation to the court.
Richard C. Koskey, 2312 Wilton Drive, Wilton Manors, disbarred effective immediately, following a Sept. 3 court order. (Admitted to practice: 1999) Koskey was the subject of two Bar disciplinary investigations. In one case, Koskey failed to disburse $105,000 to pay off a mortgage and remit $91,000 to his client. In another case, Koskey caused to have a payoff letter prepared which falsely stated the amount due on a mortgage. As a result, he improperly received additional funds from the proceeds of a refinance transaction, causing the first lender to subsequently file a foreclosure action.
William F. Lawless, 201 Tranquility Cove, Apt. 10, Altamonte Springs, suspended for one year, effective 30 days from a Sept. 24 court order. (Admitted to practice: 1980) Lawless was administratively suspended in March 2006 for failing to comply with his continuing legal education requirements. Lawless was not eligible to practice law when he knowingly undertook the representation of his client and the client’s corporation in 2008.
James Joseph Moran, 55 Ambassador Drive, Rochester, NY, suspended until further order, following an Aug. 26 court order. (Admitted to practice: 1993) According to the petition for emergency suspension, Moran appeared to be causing great public harm by advancing financial assistance to clients through intermediaries, engaging in deceptive and dishonest conduct to conceal from his clients that he was the source of the loans, failing to report interest earned on the loans on his income tax returns and failing to disclose to the bankruptcy trustee the existence of the loans.
Jeffrey Edward Reichenbacher, 2333 Brickell Ave., Suite A1, Miami, suspended for 18 months, effective 30 days from an Aug. 13 court order. (Admitted to practice: 1977) Upon reinstatement, Reichenbacher is further placed on probation for three years. Reichenbacher misled The Florida Bar regarding problems with his trust accounts following a theft of funds by an employee. Respondent failed to comply with the Rules Regulating Trust Accounts. A January 2007 trust account audit indicated a shortage of at least $17,000.
Jorge Enrique Rodriguez, 12360 S.W. 132nd Court, Suite 215, Miami, disbarred effective immediately, following an Aug. 13 court order. (Admitted to practice: 1983) Rodriguez failed to preserve and apply funds in connection with real estate transactions.
John Michael Rooney, P.O. Box 510400, Punta Gorda, publicly reprimanded following a Sept. 3 court order. (Admitted to practice: 1973) Rooney violated Bar rules by communicating with a person represented by counsel.
Scott Alan Salomon, 5944 Coral Ridge Drive, Coral Springs, permanently disbarred effective immediately, following a Sept. 17 court order. (Admitted to practice: 1992) Salomon is further ordered to pay $222,500 in restitution. Salomon was previously disbarred for five years. In numerous instances, Salomon failed to provide representation to clients after accepting fees from them. Salomon abandoned his clients and ultimately his entire practice. Additionally, Salomon failed to respond to the disciplinary process.
Robert L. Shepherd, 4020 Galt Ocean Drive, Apt. 812, Fort Lauderdale, disbarred for five years, effective immediately, following an Aug. 27 court order. (Admitted to practice: 1997) Shepherd was found guilty in U.S. District Court of conspiracy to commit an offense against the United States, a felony, by deceiving the U.S. Probation Office as to the true employment of his co-conspirator, who was being supervised by the probation office.
Pamela Joan Steed, P.O. Box 367263, Bonita Springs, publicly reprimanded following a Sept. 3 court order. (Admitted to practice: 1999) Steed is further ordered to pay restitution in the amount of $384 to a client. Steed failed to adequately represent clients. In most instances, she neglected to communicate with clients or The Florida Bar regarding the cases.
Madonna H. Whittaker, P.O. Box 160492, Altamonte Springs, permanently disbarred effective immediately, following a Sept. 17 court order. (Admitted to practice: 1993) In circuit court, Whittaker pleaded no contest to attempted first-degree premeditated murder, a felony. 10-30-09
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Category: Courts, Crime, Disabled, Florida, Schiavo
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