Professional Documents
Culture Documents
v.
MARK A. AIIAMS,
Respondent. 1
COMES NOW, the Respondent, MARK A. AIIAMS, Esquire and files the
Proceeding showing:
Statement of Facts
Report) was entered and served via U.S. Mail to the Respondent.
Petition for Review). This petition commenced the proceedings for review
of the disciplinary proceedings in this action pursuant to Rule 3-7.7(c)(l) of
3. On May 1,2006, the Respondent served his Directions to the Clerk and sent
a letter to Jodi A. Thompson, Assistant Staff Counsel for the Florida Bar,
the referee, requesting incorporation in the record and its index of the
copies of all documents which have been filed in this action by counsel for
the Florida Bar that have not been previously senred, and indicating that an
Respondent's brief once the index was served. Please see the Respondent's
Thompson in Appendix B.
4. On May 15,2006, the Florida Bar filed the letter from Jodi A. Thompson,
Assistant Staff Counsel for the Florida Bar, to the Respondent as its response
Thompson's letter states, "the Bar Rules do not require the record of
the Respondent should contact the Clerk of this Court regarding the record.
Motion to Enlarge Page Limits of Brief were filed with the Clerk of this
Court, and on May 16,2006, the Clerk of this Court issued an order denying
the same without any response to the same being filed by the Florida Bar.
6. As a result of the unusual nature and rapidity of the foregoing decision and
the Respondent's previous experiences with the Clerk of the Second District
Respondent visited the office of the Clerk of this Court to review this case
file on June 14,2006, and when the Clerk refused to allow the Respondent
to inspect the justices' notes in the red folder in this case file, the
case file.
7. On June 14,2006, the Respondent found that the case file provided for
review by the Clerk of this Court did not contain all of the documents
' The Clerk of the Second District Court of Appeal of Florida has also issued an
order concerning the Respondent which was contrary to the judges' directions as
shown by the exhibits filed in this action.
required to be included in it by Rule 3-7.6(n)(2) of the Rules Regulating the
Florida Bar. Specifically, the Respondent found that this case file did not
include the transcripts of the trial and the sentencing hearing, the motions
filed in the proceeding before the referee, orders relating to such motions,
and exhibits filed by the Respondent. As a result, the Respondent served the
2006 which was received for filing by the Clerk of this Court on June 19,
2006, and the Clerk of this Court issued an order denying the same on
August 23,2006.
8. On June 21,2006, an Amicus Motion to Inspect the Complete Case File was
filed by Gordon Wayne Watts, and the Clerk of this Court issued an order
9. On or about July 7,2006, the Clerk of this Court sent a letter to the
in the red folder in this case file and explaining that some of the records
which were missing from this case file were stored in an exhibit room in the
sub-basement of this Court. Please see a copy of the Clerk's letter dated
July 7,2006 with the envelope transmitting the same to the Respondent
10. Rule 3-7.7 of the Rules Regulating the Florida Bar provides the procedure
11. Pursuant to Rule 3-7.7(f) of the Rules Regulating the Florida Bar, the
12. The Respondent has not found and the Florida Bar has not cited any
provision of the Rules Regulating the Florida Bar that provides for any other
his petition for review other than by citation to the appropriate page numbers
of Appellate Procedure 9.200, and the Respondent has not found nor has the
Florida Bar cited any provision in the Rules Regulating the Florida Bar
13. Florida Rule of Appellate Procedure 9.200(f)(2) states, "If the court finds the
record is incomplete, it shall direct a party to supply the omitted parts of the
record, until an opportunity to supplement the record has been given." The
14. At the time that this proceeding was commenced and was tried, the pertinent
part of Rule 3-7.6(m)(2) stated, "The referee shall serve a copy of the record
on bar counsel with the report. Bar counsel will make a copy of the record,
the requirement that the referee serve a copy of the record on bar counsel,
but the Rules Regulating the Florida Bar have not been amended to exempt
Green, 473 So.2d 823,824 (Fla. 2d DCA 1985) citing Poynh v. Reynolds,
19 So. 649 (Fla. 1896). Therefore, the referee should have transmitted a
complete copy of the record to the Florida Bar; however, the referee failed to
Counsel for the Florida Bar,to the Respondent dated May 2,2006 which
was filed with the Clerk of this Court on May 15,2006. Please see
Appendix C.
15. Rule 3-7.6(n)(2) of the Rules Regulating the Florida Bar states, "The record
shall include all items properly filed in the cause including pleadings,
referee."
16. Due process requires a complete record on appeal. See, e.g., ?'hornas v.
State, 828 So.2d 456,457 (Fla. 4th DCA 2002) and Berube v. State, 771
366 So.2d 402,404 (Fla. 1978). "This Court should provide every incentive
18. "All rules prescribed for court procedure are binding on the court and its
clerk as well as on litigants and their counsel." Esch v. Forster, 127 So. 336,
336 (Fla. 1930). "The burden of proving that observance of the rules of
practice has been waived is upon the party claiming the waiver." Id at 337.
19. "A duty evolves upon the attorneys for both appellant and appellee to see to
it that a record is sent here which can be used with a minimum of time loss."
20. The letter from the Clerk of this Court to the Respondent filed in this case
room rather than being included in the case file and that this was not brought
to the Respondent's attention until almost a month after he drove for over
21. The Respondent's Directions to the Clerk lists the items that the Respondent
believes are necessary to address all of the issues raised in the Respondent's
Petition for Review. The letter from the Clerk of this Court does not state
which are not in the case file are in the exhibit room. As a result, it is not
even clear whether the complete record has been transmitted to this Court.
22. If the referee had complied with the applicable version of Rule 3-7.6(m)(2)
Respondent could have reviewed the record in its Tampa office and the Bar
23. However, rather than comply with its duty to see that the record is complete
and indexed in a timely manner, the Florida Bar has opposed preparation of
the record without citation to any legal authority to support its position.
Instead, the Florida Bar has taken the position that the rules do not require
follows that the Florida Bar believes that the parties are not required to cite
Travelers, 531 So.2d 1049 (Fla. 1st DCA 1988). Of course, the parties
could just refer to the documents and their page numbers, but this method is
In addition, the Florida Bar has used the Respondent's requests to ensure
Rule 3-7.7(a)(2) which states, "The Supreme Court of Florida shall review
proceedings." Therefore, it seems that the Florida Bar may have taken this
25. In order to ensure that this Court's review of this case comports with the
dictates of due process, this Court should follow the aforementioned rules of
procedure and require its Clerk or the Florida Bar to prepare an index of the
Directions to the Clerk in the record so that the parties and this Court can be
assured that the record is complete, and if the foregoing shows that the
record is not complete, this Court should allow the parties to supplement the
the Florida Bar with an incentive to comply with its duty to abide by the
2
The Florida Bar previously filed a Petition for Interim Suspension in this action
without any legal basis and without even meeting the minimum requirements for a
petition for an emergency suspension, and on May 16,2006, this Court denied the
Florida Bar's Petition for Interim Suspension. Therefore, it appears that the
Florida Bar has violated the procedures established for due process in disciplinary
proceedings before this Court on at least one previous occasion in this action in
order to make it more difficult for the Respondent to defend himself and to deny
due process to the Respondent.
professionalism and integrity in those who run the Florida Bar which so
an order requiring the Clerk of this Court or the Florida Bar to prepare the record
proceedings and the Respondent's Directions to the Clerk, requiring the Florida
Bar to assist the Clerk in preparing the record, and allowing the Respondent to
supplement the record if the foregoing shows that it is incomplete before being
required to file his brief in support of his Petition for Review, or in the alternative,
give the Florida Bar an incentive to abide by the rules applicable to disciplinary
due to the Florida Bar's repeated efforts to obstruct preparation of the record in this
action, the Florida Bar's repeated efforts to deny due process to the Respondent in
this action, the Florida Bar's repeated efforts to mislead this Court in this action,
and the referee's failure to comply with Rule 3-7.6(m)(2) of the Rules Regulating
Respectfully Submitted,
I HEREBY CERTIFY that a copy hereof has been served by U.S. Mail to
Jodi A. Thompson, Assistant Staff Counsel for the Florida Bar at 5521 W. Spruce
Street, Suite C49; Tampa, FL 33607, to Staff Counsel for the Florida Bar at 65 1 E.
-
Jefferson Street; Tallahassee, Florida 32399, and to Mr. Gordon W. Watts, pro se
44%
Amicus Curiae, at 821 Alicia Road; Lakeland, FL 33801 on this / 4 day of
September, 2006.
CERTIFICATE OF COMPLIANCE
a a r k A. Adarns, Esquire
Fla. BarNo. 0193178
P.O. Box 1078
Valrico, FL 33595
Telephone: 8 13-654-1235
Facsimile: 813-654-1390
IN THE SUPREME COURT OF FLORIDA
MARK A. ADAMS,
Respondent. 1
APPENDIX
TABLE OF CONTENTS
Document Tab
V.
MARK A. ADAMS,
Respondent. /
DmCTIONS TO THE C L E W
Procedure 9.200(a)(I), the Respondent directs the Clerk of the Florida Supreme
Court lo include the following docrrments and exhibits in the record on appeal in
tl~iscase and to serve an index of the record to the Responde~leand Staff Counsel
I. The Respondent directs the clerk to include all of the materials listed in Rule
9.20O(a)(l).
items:
copy of the entire record of the proceedings before the Referee to Bar
Counsel, and Bar Counsel is required to make the complete record available
to ihe Respondent upon request. However, Rule 3-7.6 does not claipr-ifS,
whether thc Referee or Bar Counsel is responsible for prepwing the record
the Referee has transmitted the complete record to the Clerk of the Supreme
Court of Florida.
Florida, and Rule 3-7.7 does not provide for any o h e way
~ in which to refer
to the record in the Respondent's brief in support of his petition for review
Counsel for thc Florida Bar, to find out whether the Referee or the Bar had
9.200(d), and the Respoildent left a detailed message for Ms. Thompson
regarding this matter. However, the Respondent has not heard back -From
Ms. Thompson or anyone else fimn the Florida Bar, and therefot-e, out of an
9. These Directions to the Clerk have been timely served pursuant to Rule
Report of Referee.
CERTBFECATE OF SERVICE
I HEREBY CERTIFY that a copy hereof has been served by U.S. Maii to
Jodi A. Thompson, Assistasd StaffCounsel for the Florida Bar ah 5521 W. Spruce
Street, Suite C49; Tampa, FL 33607 and to StaffCounsel for the FIorida Bar at 651
4-
E. JeiTerson Street; Tallahassee, Florida 32339 on this J day of May, 2006.
+
'-
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I 6 v
/.;.:-,&L--
Mark A. A d m s , Esquire
Fla. Bas 1-Jo. O 193I 78
P.0. Box I078
Valrico, FL 33595
Telephone: 8 13-654-1235
Facsimile: 8 13-654- I390
Appendix B
Attorney and MBA
Mailing Address Teiephooe (8 13) 654-1235 Harbor lsiland Bmee
P.O. Box 1078 Facsimile (8 13) 654-1390 6 10 Garrison Cove Lane
Valrico, F1. 33595 Tampa, Fiorida
May 1,2006
I have transmitted the Directions to the Clerk for preparation of the record to the Clerk of the
Florida Supreme Court. A copy is enclosed. If either the Referee or the Florida Bar has
prepared the record as required by Florida Rule of Appeilatc Procedure 9.200,please scrve the
index to the record to nle. Also, please serve me with copies of all docunients which have heen
filed in this action by counsel for the Florida Bar that have not been previously served to me. In
addition, if any of the documents listed in the Directions to the Clerk have not previousiy been
incorporated into the record and its index, please include these additional docunlents in the
record and its index.
As it appears that the record has riot been prepared as required by 9.200 and as I have not
received an index to the record, I will file a motion to direel the clerk, the Florida Bar, or the
Referee to prepare and transmit the record pursuant to the Directions to the Clerk and seek
service of the index and all documents filed with the Referee by the Florida Bar that were not
served to me. I will seek a thirty day extension of the deadline to file my brief in support of my
petition for review beginning from the date that the index to the record is served to me.
Please review this matter and let me know the status of the record and whether or llor the Florida
Bar opposes the relief that I am requesting by 1 :00 PM on Friday, May 5,2006. Thank you for
your pronlpt attention to this matter and your consideration.
Sincerely,
Mark A. Adalns
Post Ofiice Box 1078
Valrico, Flotida 33595
This letter is in response to your voicemail message regarding the record of proceedings in the
above referenced case.
Judge Holder did not transmit thc record of proceedings to The Flotida Bar. Rule 3-7.6
(1n)(2)(Filings.), as amended, no longer rcquires the referee to serve a wpy o r the record of
proceedings on Bar counsel. Also, the Bar rules do not require the record of proceedings lo be
numbered.
1 noted in your petition for review that you alleged that you were not provided with copies of all
documen1s filed with the referee. I have reviewed ~ n file
y w d it reflects that a copy of all
pleadings, transcripts, and the affidavit of costs were provided to you. I did not file any receipts
or supporting docurnentation of the costs reflected in the affidavit of costs, nor is it customary or
a requirement to do so.
You should contact the Clerk of the Court regarding any questions you have regarding thc record
of proceedings.
Finally, I will be handling your case on appeal. Please serve copies of all pleadings to me at the
address above and to Tony Boggs in Tallahassee. You do not need to serve Lou Kwall.
k'.
Jo I A Tl~onipson
Assistant Staff Coutisel
I ATlra
Enclosures: Rulc 3-7.6 (Procedures Before a Referee)
Appendix D
ataprtme Eogtl a%$loir&Ba
Office o f the C!uk
500 South Duvai Street
Tallahassee, Florida 323W-1925
In response to your request dated June 14,2806,. -please be advised that iktc
rccorcts you are requesti~gare ee?reml>tfrom dlsciosurk-:as a public record pursuaiar
to rt'itle 2.051(~];)(1)oC?heRules o f Judicial Administmfion, Your request i s denied.
Addi-'iorxlfy, please be advised that when yoia visited this Court 0x1 Jun: 14,
2006, you did not vie-w the enti~econtents of the record in the possession o f tkis
C:ourL. In addition to the c u e file which you viewed, we are afsa in possession isf a
box of record which includes the foliowing: Hoiders ofpizadings filed before the
referee which includes 1 volume transcfipt of the pre-trial hearing held 1 1/22/05; 5
faldess of exlribtts, I of which i s r ~ ~ ~ r ''Defendant%
ked 2 folders of final
exhibitsgq;
hearing traa:jc~ptswhich ii-rciudcs Volume h Final Heailng heId i2/iiQS,Volume
I? Final B3earing held 32/li05, Voihime 191 Final Ibeakng held 122105, and i
-volume transc~ptof final heafing on sanctions held 2!3/06. Please be advised that
ail ofthe above Eisted t~znsclP;ptsare originals and that this box is Iloused in the
secure exbibit raonr in the sub-basemen?ofthe Court until the case is sent t.0 the
Court for consideratlopl. Because oftbat the d e p ~ t yclefl who was dealing with
yotir request at the counkr insnclvex$entiy ailed to make those mate~atalsavailabii; ro
Mark A, Adms. Esquire
Silly 7,2086
Page: 2
yoti. Shotlid yoii wish to persotrally inspect the contents oE this box, please cali tile
C2er:rk9sOffice the box will be retrieved for y a . ~baf~reyoilr anivai. If there is
anything you know you specifica$lywish to see, please let me know and Y wiii
rsr~kiceaRaangeinkntsto have i t copied fbr; you.
.
PC' Jodi Anderson Thompson. Esquire
Kenneth L.awrence, Marvin, Esquire