No. 18-9056

Calvin D. Fox v. The Florida Bar

Lower Court: Florida
Docketed: 2019-05-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: arbitrary-and-capricious attorney-privilege constitutional-rights disciplinary-counsel-misconduct due-process equal-protection florida-bar florida-bar-trust-accounting-rules legal-privilege trust-accounting
Key Terms:
ERISA DueProcess CriminalProcedure Punishment
Latest Conference: 2019-05-23
Question Presented (from Petition)

The due process clause of the Fourteenth Amendment to the United States Constitution provides that:

"No State shall. . .deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Rule 5 -1.2(f(1) Fla Bar Trust Accounting Rules, for prosecuting attorneys, provides. inter alia, that:

"Members of the bar. . . may not assert any privilege personal to the lawyer,. .

Rule 5-1.2(f) Florida Trust Accounting Rules and its predecessors corrupts trust proceedings against the Petitioner and all Florida Bar Members, because it absolutely denies the Petitioner and all members of the Florida Bar, the right to assert any personal privilege just because of our status as attorneys and serves the corrupt purpose of 1.) no supervision of disciplinary counsel's misconduct and 2.) making her misconduct unireviewable, which is an unlawful purpose, causes arbitrary and capricious results, and a denial of fundamental due process and equal protection.

Question Presented (AI Summary)

Whether Rule 5-1.2(f) of the Florida Trust Accounting Rules violates the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment by denying attorneys the right to assert personal privileges

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-05-02
Waiver of right of respondent The Florida Bar to respond filed.
2019-04-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 31, 2019)

Attorneys

Calvin D. Fox
Calvin David Fox — Petitioner
The Florida Bar
M. Hope KeatingGreenberg Traurig, P.A, Respondent