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| A judge is recommending that the Florida Supreme Court discipline Melton Little and Scott Kallins for giving baseball tickets to a former judge while presiding over one of their cases, by placing them on probation for one year. Tiffany Tompkins |
Scott Kallins and Melton Little, who is running for the Manatee County Commission District 4 seat, could face discipline as severe as disbarment.
The judge who heard evidence about their misconduct, however, recommended one year of probation and that they be required to speak about their wrongdoing in front of other attorneys.
The two attorneys are partners at the Palmetto-based firm of Kallins Little Delgado. The firm's well-known slogan "We Play Hardball" is featured in television commercials showing both attorneys and their third partner. Jim Delgado, carrying baseball bats.
The Florida Bar filed ethics complaints against both attorneys with the Florida Supreme Court in March 2017 after their own investigation of what happened. The Bar found Kallins and Little had created an appearance of impropriety by offering and giving Rays tickets to former Circuit Judge John Lakin while he was presiding over one of their cases. The attorneys had also called into question Lakin's impartiality, the Bar found.
Circuit Judge Archie B. Hayworth Jr., from the 20th Judicial Circuit and appointed by the Florida Supreme Court to act as a referee in the matter, presided over a three-day-long trial that ended April 26. On Tuesday, Hayworth issued his recommendation to the Supreme Court.
Kallins and Little should be found guilty of misconduct, Hayworth recommended, and each should be given an admonishment and be placed on probation for one year.
"While respondents are veteran attorneys who should have known better, and their conduct created an appearance of impropriety that could have damaged the public perception of judicial impartiality, there was no evidence presented of actual prejudice to the underlying case," Hayworth stated in the order.
A call from comment to Kallins and Little for comment has not yet been returned.
The underlying case at the center of this is a civil suit filed by Sandy Wittke — represented by the law firm Kallins Little & Delgado — in August 2012 in which she claimed that Wal-Mart was at fault when she slipped and fell in December 2009 at the store at 5315 Cortez Road W., Bradenton.
The jury in the case, presided over by Lakin, ruled in favor of Wal-Mart but Lakin later granted Kallins Little & Delgado’s motion for a new trial on Wittke’s behalf. Wal-Mart appealed Lakin’s decision and in October 2016 the Second District Court of Appeals reversed his decision and reinstated the jury’s verdict.
Lakin was facing a formal charge of misconduct from the Florida Judicial Qualifications Commission at the time, and in March 2016 he resigned. Lakin has since returned to private practice and is also facing an ethics compliant from the Florida Bar. His trial is scheduled to begin Wednesday.
During last month's trial, Kallins and Little expressed remorse and admitted their actions were wrong, Hayworth noted. Evidence presented at trial regarding their character was found compelling, and the judge found that their public service and charitable work in the community would be hindered or eliminated if the two attorneys were suspended.
Given their reputations, Hayworth found that it would be more effective discipline to require both attorneys to speak about the incident before new attorneys at required continuing education programs and to veteran attorneys at one more or conferences about how to avoid similar misconduct.
Based on Hayworth's recommendation, both attorneys could be ordered to pay $5,300 in fees.
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Palmetto lawyers struck out when they gave baseball tickets to judge in their case, ruling says
