Opinion
Case No. SC05-248.
April 30, 2007.
Lower Tribunal No. 2005-10,932(13A).
Respondent was adjudicated guilty of committing a lewd and lascivious act upon a child (a second-degree felony) and was sentenced to six years' of prison, to be followed by nine years' of probation. Following this conviction, The Florida Bar filed charges against respondent, alleging that he violated the following Rules Regulating The Florida Ba. Rule 3-4.3 (misconduct and minor misconduct); Rule 3-4.4 (criminal misconduct); and Rule 4-8.4(b) (a lawyer shall not commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects). The referee found respondent guilty of all of the above rule violations and recommended respondent be disbarred for ten years and thereafter until his civil rights are restored. Stahl filed a petition for review, asserting that he did not violate rule 4-8.4(b) and that a limited suspension was more appropriate. The Bar cross-petitioned, asserting that Stahl's criminal act violated rule 4-8.4 and that permanent disbarment was warranted in this case. As a part of his motion for review, Stahl also requested that this Court grant Stahl an abatement. Further, he objected to the Bar's amended affidavit of costs.
Upon consideration of the referee's report and both parties' pleadings, the Court approves the referee's finding that Stahl violated each of the three rules, including rule 4-8.4(b). See Florida Bar v. McKeever, 766 So. 2d 992 (Fla. 2000). As the recommended discipline has a reasonable basis in existing case law and the Florida Standards for Imposing Lawyer Sanctions, the Court also approves the referee's recommended ten-year disbarment. Stahl's motion for abatement and his objection to the Bar's amended affidavit of costs are denied.
Stahl is hereby disbarred for a period of ten years and thereafter until his civil rights are restored and he is reinstated by order of this Court, effective nunc pro tunc, January 12, 2005, the effective date of the suspension in Florida Bar v. Stahl, 894 So. 2d 972 (Fla. 2005) (table). Because Stahl has been suspended since January 12, 2005, it is unnecessary to provide him with thirty days to close out his practice to protect the interests of existing clients.
Judgment is entered for The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, for recovery of costs from David Russell Stahl in the amount of $6,706.22, for which sum let execution issue.
This order shall not be final until time expires to file a motion for rehearing, and if filed, determined. The filing of a motion for rehearing shall not alter the effective date of this disbarment.
It is so ordered.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.