Supreme Court Review
Either the Bar or the respondent may file a petition for review of all or part of the referee’s report within 60 days of the date the referee’s report is filed. All referee reports in disciplinary cases are subject to review by the Florida Supreme Court. By rule, the supreme court reviews all referee reports recommending probation, a public reprimand, suspension, disbarment, or resignation pending disciplinary proceedings. A referee’s report that does not recommend probation, a public reprimand, suspension, disbarment or resignation pending disciplinary proceedings is final if not appealed. The Florida Supreme Court may also review any referee’s report on its own initiative.
Review proceedings before the Florida Supreme Court operate in much the same manner as most appellate proceedings. The Florida Rules of Appellate Procedure are applicable to the extent they are not inconsistent with any provision of the disciplinary rules. In review proceedings, the burden is on the party seeking review to demonstrate that the challenged portion of the referee’s report is erroneous, unlawful, or unjustified. After review of the record, and in some cases oral argument, the Florida Supreme Court will enter an appropriate order or judgment.