SC10-329 – The Florida Bar Re: George Murray Hudson

SUPREME COURT CASES

Laws-info.com » Cases » Florida » Florida Supreme Court » 2011 » SC10-329 – The Florida Bar Re: George Murray Hudson

State: Florida

Docket No: SC10-329

Case Date: 10/13/2011

Preview:Supreme Court of Florida
THURSDAY, OCTOBER 13, 2011 AMENDED CASE NO.: SC10-329 Lower Tribunal No.: 2010-51,267(15C)FRE

THE FLORIDA BAR Complainant(s)

RE: GEORGE MURRAY HUDSON Respondent(s)

The report of the referee is approved and George Murray Hudson is reinstated effective immediately under the terms and conditions set forth in the report. Each party shall bear its own costs. Not final until time expires to file motion for rehearing and, if filed, determined. The filing of a motion for rehearing shall not alter the effective date of this reinstatement. PARIENTE, QUINCE, LABARGA, and PERRY, JJ., concur. CANADY, C.J., dissents with an opinion, in which LEWIS and POLSTON, JJ., concur.

CANADY, C.J., dissenting. On August 16, 2005, petitioner George Murray Hudson was voluntarily placed on the inactive list of The Florida Bar for incapacity unrelated to misconduct. At that time, Hudson was under a three-year term of probation for a prior disciplinary offense. Because the record shows that Hudson committed acts constituting disqualifying conduct, contradicts the referees finding that Hudson "has not been financially irresponsible during his inactive period," and does not contain clear and convincing evidence that Hudson has been rehabilitated, I would

CASE NO. SC10-329 PAGE 2 disapprove the referees recommendation and dismiss Hudsons petition for reinstatement. "A petitioner seeking reinstatement to The Florida Bar must establish by clear and convincing evidence that he has met the criteria set forth in Rule Regulating the Florida Bar 3-7.10, ,,Reinstatement and Readmission Procedures, and the decisions of this Court." Fla. Bar re McGraw, 903 So. 2d 905, 909 (Fla. 2005). "In determining the fitness of the petitioner to resume the practice of law, the referee shall consider whether the petitioner has engaged in any disqualifying conduct, the character and fitness of the petitioner, and whether the petitioner has been rehabilitated . . . ." R. Regulating Fla. Bar 3-7.10(f). "A record manifesting a deficiency in the honesty, trustworthiness, diligence, or reliability of a petitioner may constitute a basis for denial of reinstatement." R. Regulating Fla. Bar 37.10(f)(1). The rule specifically provides that "unlawful conduct" and "financial irresponsibility" constitute disqualifying conduct. R. Regulating Fla. Bar 37.10(f)(1)(A), (G). At the hearing before the referee, Hudson admitted that he did not file income tax returns for the years 2007 and 2008 until early 2010, when he filed the returns "in conjunction with the filing of [his] petition" for reinstatement. Hudson further admitted that he knew he had an obligation to file his tax returns each year and that he failed to timely file the returns because he "knew [he] did not have the money to pay" what he owed to the federal government. Hudson did not offer an explanation of why he did not seek a filing extension or a payment plan at the time the taxes became due. Hudson also did not assert that he was exempt from filing a tax return during the relevant years. 2

CASE NO. SC10-329 PAGE 3

Hudsons willful failure to file income tax returns for the years 2007 and 2008 is affirmative evidence of both unlawful conduct and financial irresponsibility. Willful failure to file a tax return is a misdemeanor offense, see 26 U.S.C.A.

Download SC10-329 – The Florida Bar Re: George Murray Hudson.pdf