Prosecutorial misconduct, emails, a fictional lawsuit: South Florida lawyers punished
Three suspensions and a disciplinary revocation taken to the next level comprise South Florida’s representation on the Florida Bar’s monthly report of attorneys disciplined by the Florida Supreme Court.
In alphabetical order:
Colleen Dunne, Key West
Colleen Dunne was an assistant state attorney in the Monroe County State Attorney’s Office. She gave up that position at the end of December and will give up being an attorney during a suspension that will run until Feb. 15, 2021.
According to her guilty plea in her discipline case:
While prosecuting William Skinner in an attempted murder and burglary case in 2010, Dunne and an intern listened to Skinner’s phone calls on the recorded jail line. Among the calls were three conversations between Skinner and his son that “refuted many aspects of the defendant’s purported insanity defense as documented in the defense expert’s reports.”
That Dunne listened in wasn’t the problem. That the calls were downloaded to a DVD by the intern wasn’t the problem.
But Dunne didn’t come across with the jail house calls when the defense made a discovery request for Skinner’s statements. She “denied being in possession of any additional statements to law enforcement” when asked directly by Skinner’s attorney, Cara Higgins, at the deposition of a defense expert.
That’s a problem.
After Dunne sent Higgins the phone calls and Higgins filed a motion to exclude them, Dunne told the court she hadn’t been in possession of the calls at the time of the deposition and “I didn’t have them literally downloaded on a disk.”
That wasn’t the case. It wasn’t an immediate problem as the court ruled the violation had happened far enough before the trial that any damage could be undone. Skinner was convicted. It held up on appeal. But a series of public records requests revealed the deception in 2013.
Skinner is still doing life in prison. His attorneys are trying to argue for a conviction reversal and new trial.
Jonathan Gunn, Fort Lauderdale
With a Bar case pending alleging misuse of a client’s trust funds from a personal injury case, Fort Lauderdale attorney Jonathan Gunn asked for disciplinary revocation with leave to apply for reinstatement in five years in November 2018. That made the professional beef disappear. In exchange, Gunn is effectively disbarred for at least five years.
That means Gunn shouldn’t use his trust account, which he did. A check drawn on that account bounced.
Gunn’s disciplinary revocation is now permanent.
Roger Rathbun, Plantation
The referee in Roger Rathbun’s case recommended a one-year suspension. Rathbun would take a one-year suspension after the state Supreme Court tossed out the referee’s recommendation and raised the punitive time to three years. Rathbun has filed a motion for rehearing.
According to the referee’s report and copies of emails attached to the complaint, Rathbun’s opposing counsel in a case, Davie attorney Jay Farrow, filed an appeal for his client. The client filed a Pro Se Motion to Dismiss.
Rathbun emailed Farrow, “It appears you did not have her consent to file the Appeal. I believe this may have ethical implications. But, I will let the Appellate or State Court to decide on that. My client would like to be able to resolve this without having to bring this to the court’s attention or the Florida Bar.
My client has spent a few hours on this appeal and would be agreeable not to seek sanctions against you. But, most likely, you will think you can get away with this.”
When Farrow asked “How would your client like to handle,” Rathbun replied, “Ask my buddy, [disbarred attorney] Mark P. Stopa. How, after dealing with me, worked out for him.”
Farrow asked, “Roger, what is it going to take?” and Rathbun said, “What is your Bar license worth to you? Mr. Klein (a misspelled reference to Jonathan Kline, opposing counsel for another party in the case). You next.”
The referee said Rathbun’s answers bringing up the Florida Bar “threatened Farrow and Kline in order to gain an advantage” in a civil case. That’s a violation and Farrow filed a grievance with the Bar.
On June 25, 2018, the Bar asked Rathbun to respond to Farrow’s grievance by July 9, 2018. Rathbun responded to Farrow’s grievance by responding to Farrow.
Rathbun began firing off a fusillade of emails including Farrow’s arrest mugshot from a 2015 arrest in Broward (DUI reduced to reckless driving, probation); a 2013 arrest in Miami-Dade (disorderly intoxication, pre-trial intervention); 2016 litigation by a bank over Farrow’s home mortgage; and a 1998 arrest in Alachua County (dropped for insufficient evidence).
“You started this with the police report and subsequent Bar complaint,” Rathbun emailed. “I was just trying to resolve the appeal without further litigation and without further fees. Now, you get what you get.”
That email was sent on July 16, 2018, a week after Rathbun’s response to the Bar was due. He’s asked for additional time on July 12, 2018, and was given until July 27, 2018.
On July 18, 2018, he sent an email to Kline that said, “So, this is a Guy you are co-counsel with. So Rape is ok with you and your clients. you got kids. Any girls. Maybe let them hang out with your co counsel.”
Rathbun finally responded to the Bar Aug. 13, 2018.
“Said delay was either [Rathbun’s] attempt to dissuade Farrow from pursuing his Bar grievance or otherwise retaliate for filing the grievance, or both, neither of which is permissible,” the referee wrote.
Rathbun argues for shortening his suspension because he sent the emails while “he was under undue stress because his home is currently in foreclosure;” he’s “in counseling to deal with substance abuse issues;” and the court should consider “the financial hardship this would have on his family and his children if a year suspension was imposed.”
Alka Sharma, West Palm Beach
Alka Sharma starts an 18-month suspension Feb. 15 and will enter into a contract with Florida Lawyers Assistance, which helps lawyers dealing with substance abuse, mental health problems or other disorders.
Denise and Reginald Rock paid Sharma to file a complaint against Liberty Mutual Insurance Company. Sharma didn’t file it, but told the couple he had.
“For approximately three years, [Sharma] gave the Rocks false “updates” regarding their case, including information regarding motions and depositions,” Sharma’s guilty plea said.
The Rocks couldn’t find any documentation that their lawsuit was moving forward, but “after the Rocks continued to make inquiries, [Sharma] informed the Rocks that a judgment had been entered in their favor and showed them a final judgment purportedly entered in their case against Liberty Mutual.”
Then, Sharma tried to close the loop on the lie by saying “she was meeting with a company that was willing to buy their judgment for a reduced rate which would allow them to avoid the appellate process.”
The Rocks learned the final judgment had been forged.
This story was originally published February 5, 2020 at 1:17 PM.
