Friday, October 24, 2008

Lawyer in Contempt

Michael M. Tobin was suspended for 90 days because he failed to file the required annual guardianship report in a probate case.

From May 1998 until the present, Tobin represented a client, the guardian of her minor daughter, in a guardianship case. Since the inception of the proceedings and every year thereafter, Tobin has failed to file the required annual guardianship report with the court in a timely manner. On at least three separate occasions, Tobin was found in contempt of court and assessed a fine, because of his failure to comply. Tobin has been reprimanded four times in the past. He was suspended for 45 days in 1996.
Source:
Latest discipline list void of local attorneys

From the Report of Referee:
From on or about May 20, 1998 through the present, Respondent represented Ms. Delia Marie Benavides, the guardian of her minor daughter, Estefanie Benavides, in guardianship Case Number 1998-2246-GD-02. B. Since the inception of the proceedings and every year thereafter, Respondent has failed to file the required annual guardianship report with the court in a timely manner, which resulted in the issuance of numerous Orders to Show Cause
directing Respondent to file the annual reports and show cause why he should not be held in contempt of court.

On at least three (3) separate occasions, Respondent failed to comply with the Order to Show Cause, which failure resulted in the issuance of an Order of Contempt, finding Respondent in contempt of court and assessing a fine against Respondent.

Source:
Florida Supreme Court

3 comments:

Anonymous said...

Once again June Maxam poses an interesting question, is the Florida Bar biased?

"Throughout the Schiavo case when Michael Schiavo failed to file the requisite guardianship reports on time, failed to appear for depositions, failed to comply with so much of Florida Statutes 744 in relation to guardianship, Greer refused to place him in contempt." The Florida Bar: Double Standards Or Just Schiavo Bias?

Why was Tobin held in contempt yet Schiavo or his lawyer not?

Anonymous said...

Good question, "Anonymous".

I do believe the FL Bar exercises a double standard and it's also Schiavo biased.

Terri Schiavo was executed because they sucessfully painted her as non-human and disposable.

Although they may feel the same about children with severe disabilities, it's a harder sell - they're not that bold yet.

It's coming, though. Now with WA State looking at assisted suicide, if it passes, it's just a matter of time.

Anonymous said...

I'm convinced they play games, depending upon who's up!

But it's good to see something happening to enforce the guardian statutes - even if it's just on accounting.

The rest of the system is out of control!