Unprofessional conduct complaints filed against Florida Attorney John Morgan

A Florida lawyer and two Florida citizens filed complaints against trial attorney John Morgan, of Morgan & Morgan, for unprofessional conduct (view the complaints here and here). The complaints referred to a video of Morgan at a pro-Amendment 2 rally where he appeared with supporters. Morgan makes comments that are profane, while holding a drink in his hand.

In the video Morgan states, “I’m just scared sh*tless of [Polk County Sheriff] Grady Judd” to which the crowd chants “F*ck Grady Judd.”  On Amendment 2 Morgan states, “I’m not just here to do it, I’m here to F*cking do it” and “If you Mother-F*uckers don’t get up and vote, F*ck it all we can’t win I’m telling you.” On November 4th Amendment 2 failed to garner the 60% of votes needed for a Florida constitutional amendment.

Morgan appears to refer to Sheriff Grady Judd and to those working against Amendment 2 as “professional whores” and mother-f*uckers.” At the end of his diatribe Morgan states, “I do, I do have, I do have some money. And let me tell you what [to the chanting crowd]. Everyone of you mother-f*uckers can get sex on the beach. I’m… I’m going to buy it for you.”

The full public comments of John Morgan (with captions) are captured in the video below:

In June 2013 the Florida Supreme Court established a Code for Resolving Professional Complaints based upon recommendations of a commission on professionalism for those in the legal profession. The Code recognizes, “[T]hat professionalism involves principles, character, critical and reflective judgment… unacceptable professional conduct and behavior is often a matter of choice or decision-making. Therefore, we accept the proposal of the Professionalism Commission to create a structure for affirmatively addressing unacceptable professional conduct.” Subsequently Chief Judge Belvin Perry, Jr. of the Ninth Circuit Court of Florida established by administrative order the Ninth Circuit Court Local Professionalism Panel. Judge Perry, Jr.’s administrative order states:

2.  PURPOSE OF LOCAL PROFESSIONALISM PANEL

The purpose of the Local Professionalism Panel is to receive, screen, evaluate and act upon such reasonable complaints of unprofessional conduct as may be referred to the Panel asserting improper behavior of attorneys who may have conducted themselves in contravention or disregard of the standards of professionalism as set forth in the Oath of Admission to The Florida Bar, The Florida Bar Creed of professionalism, The Florida Bar Ideals and Goals of Professionalism, the Rules Regulating The Florida Bar, the decisions and administrative directives of the Florida Supreme Court, professional standards of the Osceola County Bar Association and the Orange County Bar Association’s Professionalism Guidelines – all of which are hereinafter referred to collectively as “Ideals and Standards,” and resolve those complaints informally, if possible, or refer the complaints to The Florida Bar, if appropriate or necessary. The conduct of the attorneys who are the subject of such complaints shall be reviewed and addressed in a prompt, informal, respectful, non-punitive, educational and constructive  manner, as may be appropriate.

John Morgan practices law in Florida’s Ninth Circuit Court. Fourteen months before Morgan’s diatribe the Code and Procedures were established.

Understanding the Code and Ninth Circuit Court Procedures the complaints were filed using the proper forms. However, none of the complaints were referred to the Ninth Circuit Court Local Professionalism Panel for review and action. Rather the Florida Bar reviewed the video above. A letter from the Florida Bar’s Shanell M. Schuyler, Director of Intake, ACAP Hotline 866-352-0707, states:

The Florida Bar has carefully reviewed the videos of Mr. Morgan which were posted on YouTube following his recent debate with Sheriff Grady Judd over the use of medical marijuana. While The Florida Bar does not condone Mr. Morgan’s conduct, there is insufficient evidence of a violation of the Rules Regulating The Florida Bar. Consequently, this file is closed and the computer record will be disposed of one year from the date of closure pursuant to the Bar’s record retention policy.

Chapter 4 of the Rules Regulating The Florida Bar states:

A lawyer’s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer’s business and personal affairs. A lawyer should use the law’s procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers, and public officials. While it is a lawyer’s duty, when necessary, to challenge the rectitude of official action, it is also a lawyer’s duty to uphold legal process.

After the defeat of Amendment 2 Morgan appeared at a press conference on November 5th. The presser was captured in the video below. Again Morgan uses profanity. He begins the presser by saying he was stopped by the local police on the way to his office and thought to himself that the police would plant marijuana on him.  Watch the full presser:

Perhaps the Florida Bar needs to follow the Code established by the Florida Supreme Court and refer the case to the Ninth Circuit Court Professionalism Panel? Just thinking out loud.

EDITORS NOTE: One of the 51 members of the Board of Governors Florida Bar is Paul Louis SanGiovanni (09-02) from Morgan & Morgan, P.A.