Kenneth Chesebro is officially allowed to practice law in Florida again. On Thursday, the Florida Supreme Court lifted his felony suspension and handed down a public reprimand instead of the 30-day suspension recommended by a referee.
Background
Chesebro previously entered a guilty plea in a Georgia state court to a felony charge. The case involved conspiring to file a false certificate regarding the 2020 presidential election. However, the state Supreme Court decided against a harsher penalty because Chesebro was sentenced under Georgia’s First Offender Act.
After Chesebro finished his probation early, a Georgia judge cleared his record. The Florida court pointed out that Chesebro was officially “exonerated of guilt” under Georgia law and “shall not be considered to have ever had a criminal conviction.”
Decision
The justices acknowledged that the situation is unique. They noted their duty to regulate lawyers in Florida while also respecting the legal rulings of other states. Because Chesebro did not dispute his role in the federal filing, the court said it had to issue some form of discipline. The court stated that “a reprimand is appropriate,” noting that a suspension or harsher penalty would have been fitting if the Georgia law had not completely erased his conviction.
Effective immediately, Chesebro is reinstated to practice law. He is required to attend The Florida Bar’s Ethics School and must pay $2,229.37 to cover the costs of the proceedings.
The decision was not unanimous. Justice Jorge Labarga wrote a dissenting opinion, arguing that the reprimand was simply not enough. Labarga pointed out that the intentional submission of fraudulent Electoral College documents to a federal court is an “intolerable breach of professional ethics.” Because Chesebro admitted to the misconduct, Labarga wrote that he “certainly would not impose a sanction that falls below” the 30-day suspension originally recommended.
Original reporting: Tampa Free Press — read the source article.
