IN THE SUPREME COURT OF FLORIDA (Before a Referee) THE FLORIDA BAR, IN RE: PETITION FOR REINSTATEMENT OF GREGG MICHAEL PALEY, Supreme Court Case No. SC11-227 The Florida Bar File No. 2011-51,043(15F)FRE Petitioner. / REPORT OF REFEREE I. SUMMARY OF PROCEEDINGS: The undersigned was appointed to preside in the above action by Order of the Supreme Court of Florida, dated February 10, 2011, and by the subsequent Order of the Chief Judge of the Seventeenth Judicial Circuit. On February 3, 2011, Gregg Michael Paley, petitioner, filed his Petition for Reinstatement to membership in good standing with The Florida Bar. The petitioner seeks reinstatement from a three year suspension, which was ordered by the Supreme Court on May 11, 2006, in Supreme Court Case No. SC05-2238. This suspension was predicated upon the petitioner s plea to a misprision of a felony and the resulting felony conviction. The underlying criminal conduct involved petitioner s failure to inform a Drug Enforcement Task Force Agent, when questioned, of his knowledge of money laundering activities by a drug dealer, who was petitioner s friend. Pursuant to a consent judgment with The Florida Bar, the
petitioner admitted to having violated R. Regulating Fla. Bar 3-4.3, 4-8.4(a); 4-8.4(b); 4-8.4(c) and 4-8.4(d). Petitioner s previous Petition for Reinstatement was denied by the Florida Supreme Court s Order dated January 21, 2010, in Case No. SC08-1695. In that case, petitioner sent a letter to his home owner s association soliciting legal work in premature anticipation of his reinstatement pursuant to a stipulated summary disposition that had been filed with the Supreme Court of Florida and was still awaiting approval. As a result, the stipulation was withdrawn and the matter went to final hearing. Petitioner is fully cognizant of the mistake he made during the course of the prior reinstatement proceeding, is remorseful, and accepts full responsibility for it. Based upon the Petition for Reinstatement submitted by Gregg Michael Paley, the Stipulation for Summary Proceedings made by the respective parties and after due deliberation, I have determined to recommend that petitioner be reinstated to the practice of law in Florida. The pleadings and all other papers filed with the undersigned, which are forwarded to the Court herewith, constitute the entire record for this case. During the course of these proceedings, the petitioner was pro se, and The Florida Bar was represented by Michael David Soifer, Bar Counsel. 2
II. FINDINGS OF FACT AS TO EACH CRITERIA FOR ESTABLISHMENT OF REINSTATEMENT: R. Regulating Fla. Bar 3-7.10(f)(3) requires that a petitioner for reinstatement produce clear and convincing evidence of rehabilitation including, but not limited to, the following elements: A. Strict compliance with the specific conditions of any disciplinary, judicial, administrative, or other order, where applicable: Petitioner has provided a Certificate of Restoration of Civil Rights dated March 28, 2008, a letter from the United States District Court, Southern District of Florida Probation Office, stating petitioner was discharged from supervision effective May 7, 2007, and a letter form Spectrum Programs, Inc., dated June 10, 2008, stating petitioner was successfully terminated from substance abuse counseling See Composite Exhibit D to the stipulation; B. Unimpeachable character and moral standing in the community: Letters of support for petitioner s reinstatement were received from individuals, including attorneys who believe that the petitioner has rehabilitated himself, were attached to the parties stipulation as Exhibit E; C. Good reputation for professional ability where applicable: See Exhibit D to the parties stipulation; D. Lack of malice and ill feeling by the petitioner toward those who by duty were compelled to bring about the disciplinary, judicial, administrative, or 3
other proceeding: See petitioner s letter to The Florida Bar dated January 16, 2011, attached as Exhibit E to the parties stipulation; E. Personal assurances, supported by corroborating evidence, of a desire and intention to conduct one s self in an exemplary fashion in the future: See Exhibit E to the parties stipulation. F. Restitution of funds or property, where applicable: Restitution was not applicable in this case; and G. Positive action showing rehabilitation by such things as a person s occupation, religion or community or civil service. Petitioner has performed a significant amount of community service during his suspension as further discussed below. The Florida Bar has completed its discovery and other due diligence in which each and every item of The Florida Bar s standard reinstatement procedures were followed and examined, inclusive of a review of the petitioner s finances and the placement of appropriate advertisements to seek information on the petitioner s potential reinstatement. The Bar determined that petitioner is currently in the process of discharging his financial obligations through a voluntary bankruptcy proceeding. There is no other adverse evidence for The Florida Bar to oppose petitioner s reinstatement. Attached to the parties stipulation as Exhibit C is petitioner s affidavit concerning an Internal Revenue Service lien that is included 4
in the bankruptcy proceedings for unpaid taxes from 2004. As set forth in the affidavit, petitioner has been advised by his bankruptcy counsel that the IRS lien will be fully discharged in the proceeding due to the age of the claim and other circumstances, including prior payments to reduce the lien amount. Petitioner further affirms in Exhibit C that in the event the amounts owed to the IRS are not fully and completely discharged in the bankruptcy, petitioner shall within 30 days, promptly file for the appropriate proceeding to address non-discharged priority claims through a court structured payment plan. The Florida Supreme Court has held that denial of a Petition for Reinstatement is not warranted where an attorney has begun to work out his financial problems, including the filing for personal bankruptcy. The Florida Bar re: Grusmark, 662 So.2d 1235 (Fla. 1995). 1. Petitioner is in compliance with all dues, costs and CLER requirements. Proof of the Petitioner s rehabilitation included: 2. Petitioner has performed a significant amount of community service during his suspension as follows: (i) Community service given through volunteering for the Cooperative Feeding Program, also known as Life Net4 Families (and hereinafter referred to as CFP), a non-profit entity that serves the needs of individuals and families in poverty by providing daily meals, shower and hygiene facilities, 5
medical services, clothing, counseling, housing assistance and a host of other services. Petitioner has been actively involved in many phases of the operation including drafting press releases, counseling, fundraising and the loading and storage of donated goods. Petitioner also played a valuable role in Stamp Out Hunger Day in conjunction with the U.S. Postal Service, the 25th Anniversary Gala and Fundraiser celebrating 25 years of service by CFP and arranging visits to CFP by candidates and elected officials as well as fundraising from the various candidates. The work has encompassed several months from April 2010 to the present and involved more than 200 hours of work to date and is ongoing. Petitioner is currently involved in several ongoing projects including organizing a literacy program through the food bank and assisting with job applications, resumes, food stamp applications and similar matters on behalf of individuals and families and expects to work with the group in various capacities for the foreseeable future. (ii) Community service given though volunteering to tutor GED and ESL (English as Second Language) students through the Palm Beach County School System and private tutoring of students referred through the school system. Petitioner represents that he was involved in tutoring for several months from December 2009 until March 2010, involving approximately 50-75 hours overall, and was successful in assisting several students sent from Haiti following the 6
earthquake to assimilate into the community and assist in seeking employment. Petitioner expects to resume this service in 2011. (iii) Community service given through the active involvement and coordination of several beach cleanup days including Earth Day Beach Cleanup on April 22, 2009 and 2010 and the Ocean Conservancy International Cleanup on September 19, 2009. (iv) Community service given through current involvement in Volunteer Florida and the Florida Deepwater Horizon Volunteer Response. Petitioner represents that he is awaiting instruction and involvement in the oil/wildlife and beach cleanup associated with the oil spill. (v) Community service given through Habitat for Humanity in which Petitioner represents he provided close to 100 hours in 2008-2009 in the development of a recycling facility for Habitat to be built in Delray Beach that also serves as a new location for the Habitat ReStore which sells construction goods donated from leftover materials from construction projects. The project has been delayed due to Habitat s temporary inability to purchase the necessary land, but petitioner states that he hopes to be involved if and when the land is purchased and that his employment with a General Contractor during his suspension provided essential expertise to assist in the project. (vi) Petitioner assisted in organizing and operating the Florence 7
Fuller Backpack Drive in which the program purchased forty backpacks and filled them with school supplies for forty students associated with the program. (vii) Petitioner participated in the 2008 South Palm Beach County Heart Walk by coordinating for his employer and assisting in the fund raising for the walk. (viii) Petitioner represents that he has a current ongoing involvement in the Feeding Body and Mind Literacy program relating to the collection, transportation and distribution of new and used books through established food banks and similar delivery vehicles in conjunction with Wish You Well Foundation. Based upon the foregoing, I find that petitioner has met the criteria set forth in the applicable Rules Regulating The Florida Bar. III. RECOMMENDATIONS AS TO WHETHER OR NOT PETITIONER SHOULD BE REINSTATED TO THE PRACTICE OF LAW IN FLORIDA: Based upon my findings, I recommend that petitioner is fit and qualified to engage in the practice of law. I recommend that his Petition for Reinstatement be approved, upon the condition that he pay all costs incurred with respect to his petition for reinstatement. 8
IV. PERSONAL HISTORY AND PAST DISCIPLINARY RECORD: Age: 50 Date Admitted to the Bar: October 18, 1990 Prior Discipline: Petitioner seeks reinstatement from a three year suspension imposed in Supreme Court Case No. SC05-2238 based upon conviction of a felony. V. STATEMENT OF COSTS AND MANNER IN WHICH COSTS SHOULD BE TAXED: I find the following reasonable costs have been incurred by The Florida Bar: A. Grievance Committee Level Costs: 1. Court Reporter Costs $ - 0-2. Bar Counsel Travel Costs $ - 0 - B. Referee Level Costs: 1. Court Reporter Costs $ 100.00 2. Bar Counsel Travel Costs $ - 0 - C. Administrative Fee: $ 1,250.00 D. Miscellaneous Costs: 1. Investigative Costs $ 553.20 2. Witness Fees $ - 0-3. Publication (Daily Business Review) $ 176.07 4. Staff Auditor $ 70.50 SUBTOTAL: $ 2,149.77 Less Cost Deposit: -$ 500.00 TOTAL COSTS DUE: $ 1,649.77 9
It is apparent that other costs have or may be incurred. It is recommended that all such costs and expenses, together with the foregoing itemized costs, be charged to petitioner, and that interest at the statutory rate shall accrue and be payable beginning 30 days after the judgment of this case becomes final, unless otherwise deferred by the Board of Governors of The Florida Bar. DATED this day of, 2011. CERTIFICATE OF SERVICE ARLENE JOY SIMON, Referee I HEREBY CERTIFY that the original of the foregoing Report of Referee has been furnished by First Class mail to The Honorable Thomas D. Hall, Clerk, the Supreme Court of Florida, 500 South Duval Street, Tallahassee, Florida 32399-1927; and true and correct copies of the foregoing have been furnished by First Class mail to Gregg Michael Paley, Respondent, whose record bar address is 22790 Pinewood Court, Boca Raton, Florida 33433-3804; Staff Counsel, The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300; and Michael David Soifer, Bar Counsel, The Florida Bar, Lake Shore Plaza II, 1300 Concord Terrace, Suite 130, Sunrise, Florida 33323, this day of, 2011. ARLENE JOY SIMON, Referee J:\users\LMGARCIA\~MDS\Referee(active)\Paley 043 (FRE)\ROR.doc 10