| When the FBBE
decides that it wants to charge an applicant with being unfit
for licensure, it serves the person with
"specifications", which the applicant must disprove.
FloridaBarWatch discovered that, as a matter of routine practice, the person who prosecutes the "specificiations" also drafts the Board's opinion following the hearing. |
| Should a Prosecutor Be Allowed To Draft Findings of Fact and Conclusions of Law For The Board Members To Sign? Does This Promote The Impartiality of the Board, Particularly Since Some Board Members Are Non-Attorneys? |
| January 21, 2005 letter from FloridaBarWatch to FBBE General Counsel Thomas Pobjecky | Click here to View (pdf format) |
| Michigan Ethics Opinion RI-195, which relies
upon Florida Law, states that "A lawyer may not draft
findings of fact and conclusions of law in a matter when
contacted ex parte by the presiding judge to do
so."
See also Perlow v. Berg-Perlow, 875 So.2d 383 (Fla. 2004) (court improperly permitted one party's attorney to draft findings of fact and conclusions of law) |
Click here to View (pdf format) |
|
On October 4, 2005, Thomas Pobjecky argued the case of Florida Board of Bar Examiners Re: W.F.H., No. 04-185, before the Florida Supreme Court. Please view Mr. Pobjecky's oral argument and ask yourself why he didn't tell the Justices that opinions of the Board are drafted by Mr. Pobjecky's own office. |
Click here to View (click on Windows Media for Case 04-185) |
| January 28, 2005 letter from the FBBE, indicating that the concerns of FloridaBarWatch have been forwarded to the FBBE's outside counsel for a response. | Click here to View (pdf format) |
No Attorney Should Be Permitted To Draft Findings of Fact and Conclusion of Law For A Court, Board, Commission or Any Other Proceeding In Which He Also Serves As The Prosecutor.