IN THE SUPREME COURT OF FLORIDA (Before a Referee) THE FLORIDA BAR, Supreme Court Case No. SC08-2212 Complainant, The Florida Bar File v. No. 2008-50,207(15A) 2008-50,839(15A) KATHERINE FLORES, Respondent. / REPORT OF REFEREE I. SUMMARY OF PROCEEDINGS: The Florida Bar filed its formal complaint against respondent on or about November 18, 2008. Thereafter, the undersigned was appointed to preside as referee in this proceeding by order of the Chief Judge of the Seventeenth Judicial Circuit. A final hearing in this matter was held on July 2, 2009. The pleadings and all other papers filed in this cause, which are forwarded to the Supreme Court of Florida with this report, constitute the entire record. During the course of these proceedings, respondent was represented by Kevin P. Tynan, Esq. After being unable to secure the cooperation of the respondent, Mr. Tynan filed a Motion to Withdraw which was granted by this court. Despite having notice of the final hearing, respondent failed to appear. The Florida Bar was represented by Alan Anthony Pascal, Esq. 1
II. FINDINGS OF FACT: A. Jurisdictional Statement: Respondent is, and at all times mentioned during this investigation was, a member of The Florida Bar, and subject to the jurisdiction and Disciplinary Rules of the Supreme Court of Florida. B. Narrative Summary: 1. On February 9, 2009, this court entered an order requiring the respondent to cooperate with Dr. Scott Weinstein at Florida Lawyers Assistance, Inc., (hereinafter FLA ) in setting up a mental health evaluation with an approved psychiatrist. 2. Respondent was present telephonically at the time that the trial court entered its order. 3. Respondent failed and refused to comply with the order. 4. On or about July 2, 2009, during the final hearing in this matter, The Florida Bar filed a Motion for Contempt and Placement of Respondent on the Inactive List. 5. Based on the complaint filed by The Florida Bar in this case, as detailed below, as well as respondent s deposition taken by The Florida Bar, and respondent s failure to abide by this court s order, I find that there was unquestionably a strong showing made by those statements and documents that respondent currently suffers from a mental instability or incapacity that would, in 2
my mind, cause her to be a threat to the public if she were allowed to continue to practice law. 6. As to the complaint filed by The Florida Bar, the referee makes the following findings of fact: COUNT I The Florida Bar File No. 2008-50,207(15A) 7. The Florida Bar began an investigation based on a complaint filed against respondent by Laurence Chase. 8. Such complaint questioned respondent s competence to practice law based on certain e-mails and letters sent by respondent to Chase and other members of his organization, Know Thyself as Soul Foundation. 9. Specifically, the complaint advised that on or about November 2007, respondent was involuntarily committed due to a Baker Act proceeding in Palm Beach County, Florida. A copy of the docket sheet in Case No. 502006MH002040XXXXSB was attached to the complaint as Exhibit A. 10. The complaint also referenced an incident in Suwannee County, Florida in which a Ms. Susan Shea filed a police report stating that she was attacked by respondent on or about March 22, 2007. A copy of the police report was attached to the complaint as Exhibit B. 11. The Office of the State Attorney for the 3 rd Judicial Circuit of Florida declined to prosecute the case because they believed the case could be best 3
handled by mental health officials. Because of obvious mental illness, cannot prove intent beyond a reasonable doubt. A copy of the letter declining to prosecute was attached to the complaint as Exhibit C. 12. Based on the above allegations, Fifteenth Judicial Circuit Grievance Committee A elected to take a sworn statement from respondent regarding such allegations. A copy of the statement was attached to the complaint as Exhibit D. 13. During the statement taken June 5, 2008, respondent admitted that she had been seeing a psychiatrist and was currently taking the medication Invega, as prescribed by her doctor. 14. Respondent purported not to know what such medication was intended to treat. 15. The Florida Bar has learned that Invega is used primarily to treat Schizophrenia. 16. During the sworn statement, respondent agreed to provide The Florida Bar with the psychological evaluation done by her treating physician. 17. Respondent further agreed to contact Dr. Bruce Weinstein of FLA, allow him to perform a psychological evaluation, and submit the results to The Florida Bar. 18. Respondent has failed to provide The Florida Bar with the psychological evaluation performed by her physician. 4
Weinstein. 19. Further, respondent has failed to arrange for an evaluation by Dr. COUNT II The Florida Bar File No. 2008-50,839(17A) 20. On or about September 8, 2007, respondent was stopped by the Delray Beach Police Department after it was reported that she had been in an automobile accident with another driver. drive away. 21. While the officer was talking to respondent, respondent attempted to 22. The officer then grabbed respondent s car keys from her vehicle to stop her from fleeing the scene. telephone. 23. The officer then attempted to speak to respondent s sister on the 24. While the officer was on the telephone with respondent s sister, respondent attempted to grab the officer by the head and thereafter grabbed the officer by the neck. A copy of the arrest report was attached to the complaint as Exhibit E. 25. On September 11, 2007, respondent was transported to the South County Mental Health Facility for evaluation. 26. Thereafter, respondent was released on bond. 27. On November 27, 2007, respondent was charged with battery, resisting an officer without violence, and leaving the scene of a crash involving 5
damage. A copy of the charging document was attached to the complaint as Exhibit F. 28. All 3 charges are misdemeanors. 29. On November 27, 2007, respondent entered into a deferred prosecution agreement whereby respondent agreed to do 30 hours of community service, take a 4-hour defensive driving course, and write a letter of apology to the police officer involved. A copy of the agreement was attached to the complaint as Exhibit G. 30. After completing all facets of her deferred prosecution agreement, the charges against respondent were nolle prossed on May 13, 2008. III. RECOMMENDATION: I recommend that respondent shall be immediately placed on the Inactive List for Incapacity not Related to Misconduct until such time as it can be demonstrated that she has sought the necessary treatment and been able to stabilize whatever mental disability from which she suffers. Further, respondent may apply for reinstatement as a member of The Florida Bar pursuant to R. Regulating Fla. Bar 3-7.10. Finally, respondent shall pay The Florida Bar costs of this proceeding. It is recommended such costs be charged to respondent and that interest at the statutory rate shall accrue. 6
V. PERSONAL HISTORY AND PAST DISCIPLINARY RECORD: I considered the following personal history and prior disciplinary record of respondent, to wit: A. Personal History of Respondent: Age: 32 Date Admitted to the Bar: July 15, 2002 B. Aggravating Factors: None Prior Discipline: None C. Mitigating Factors: 9.32 (a) absence of a prior disciplinary record. VI. STATEMENT OF COSTS AND MANNER IN WHICH COSTS SHOULD BE TAXED: I find that The Florida Bar has incurred reasonable costs in the matter and that same should be assessed against the respondent, as follows: A. Grievance Committee Level Costs: 1. Court Reporter Costs Sworn statement of respondent $ 281.35 2. Bar Counsel Travel Costs $ -0- B. Referee Level Costs: 1. Court Reporter Costs 7-2-09 $ 174.00 2. Bar Counsel Travel Costs $ 20.28 C. Administrative Fee $ 1,250.00 D. Miscellaneous Costs: 7
1. Investigator Costs $ -0-2. Witness Fees $ -0-3. Copy Costs $ -0-4. Telephone Charges $ -0-5. Mailing Charges $ -0- TOTAL ITEMIZED COSTS: $1,725.63 Dated this 24 th day of July, 2009. JEFFREY E. STREITFELD, Referee CERTIFICATE OF SERVICE I HEREBY CERTIFY that the original of the foregoing Report of Referee has been mailed to THE HONORABLE THOMAS D. HALL, Clerk, Supreme Court of Florida, 500 South Duval Street, Tallahassee, Florida 32399-1927, and that copies were mailed by regular U.S. mail to the following: STAFF COUNSEL, The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300; ALAN ANTHONY PASCAL, Bar Counsel, The Florida Bar, Lake Shore Plaza II, 1300 Concord Terrace, Suite 130, Sunrise, Florida 33323; and KATHERINE FLORES, respondent, 14815 Summersong Lane, Delray Beach, Florida 33484 on this 24 th day of July, 2009. JEFFREY E. STREITFELD, REFEREE 8