No. 19-8270

Earl Mayberry Johnson, Jr. v. The Florida Bar

Lower Court: Florida
Docketed: 2020-04-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment attorney-discipline confrontation-clause disbarment due-process equal-protection florida-bar service-of-process
Key Terms:
ERISA DueProcess FourthAmendment
Latest Conference: 2020-06-04
Question Presented (AI Summary)

Whether the State of Florida violated the Petitioner's 14th-Amendment-due-process, 14th-Amendment-equal-protection, Confrontation-Clause, service-of-process

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1.Whether the State of Florida violated the Petitioner's 14th Amendment due process and equal protection rights . when it summarily disbarred the Petitioner in a contempt, without notice and an opportunity to be heard, contrary to this Court’s holdings in In Re Ruffalo, 390 U.S. 544, 55051 (1961) and Willner v. Committee on Character & Fitness, 373 U.S. 96, 102 (1963). 2.Whether the State of Florida violated the Petitioner’s 14th Amendment due process and equal protection rights when it summarily denied the Petitioner’s timely motion for rehearing the contempt/disbarment order, entered without notice or an opportunity to be heard, contrary to this Court’s holdings in In Re Ruffalo, 390 U.S. 544, 55051 (1961) and Willner v. Committee on Character & Fitness, 373 U.S. 96, 102 (1963). 3.Whether the State of Florida violated the Petitioner’s Confrontation Clause rights when it summarily denied the Petitioner's timely motion for rehearing the contempt/disbarment order, entered without notice or an opportunity to be heard, contrary to this Court’s holdings in In Re Ruffalo, 390 U.S. 544, 550-51 (1961) and Willner v. Committee on Character & Fitness, 373 U.S. 96, 102 (1963). 4.Whether the State of Florida’s Rule on Service of Process for Attorney Discipline actions is unconstitutional as applied, in contrary to this Court’s holdings in Supreme Court of New Hampshire v. Piper, 470 U.S. 274 (1985) and generally Bush v. Gore, 531 U.S. 98 (2000). ' ii PARTIES INVOLVED The style of the case identifies the parties involved. Petitioner Earl Mayberry Johnson Jr. is an individual Florida resident who is a person formerly licensed to practice law in Florida (member number 6040), admitted in July 1994 and disbarred November 2019. Respondent, The Florida Bar, is empowered by the judicial branch of the State of Florida government to receive, investigate and, where indicated, prosecute complaints for professional misconduct against Florida attorneys, ultimately adjudicated by the Florida Supreme Court. t RELATED CASES , The consolidated case of The Florida Bar v. Earl Mayberry Johnson Jr., SC18-32 & SC18-1168, in the Florida Supreme Court, unreported.

Docket Entries

2020-06-08
Petition DENIED.
2020-05-20
DISTRIBUTED for Conference of 6/4/2020.
2020-04-23
Waiver of right of respondent The Florida Bar to respond filed.
2020-04-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 18, 2020)

Attorneys

Earl Johnson
Earl Mayberry Johnson — Petitioner
Earl Mayberry Johnson — Petitioner
The Florida Bar
Richard D. Courtemanche Jr.The Florida Bar, Respondent
Richard D. Courtemanche Jr.The Florida Bar, Respondent