In re Gleason
- Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
- 10 years 5 months ago
- Citation:
- D.C. Docket Nos. 0:11-cv-62406-KAM; 0:06-13274-JKO (No. 12-11433)
- Tag(s):
-
- Ruling:
- The Court of Appeals for the Eleventh Circuit affirmed the order entered by the bankruptcy court and upheld on appeal by the District Court for the Southern District of Florida which suspended an attorney who practiced bankruptcy law from practice before the bankruptcy court for sixty days. The Court of Appeals ruled that the sanctions order did not violate the attorney's First Amendment right to free speech; did not violate the attorney's Fifth Amendment right to due process; and that the bankruptcy court did not clearly err in determining that the attorney's actions amounted to bad faith that warranted the imposition of sanctions.
- Procedural context:
- The bankruptcy court conducted an en banc disciplinary proceeding and suspended Gleason from practice before the bankruptcy court for sixty days. The District Court for the Southern District of Florida upheld the sanctions order. Gleason appealed.
- Facts:
- Gleason disagreed with a bankruptcy court's ruling. Rather than appealing the ruling, Gleason filed documents that the court deemed to be inappropriate and unprofessional. A show cause order was entered. While disciplinary proceedings were pending, Gleason sent the bankruptcy judge a bottle of wine and a note suggesting that they resolve their differences "privately." The bankruptcy court suspended Gleason from practice before the bankruptcy court for sixty days.
- Judge(s):
- Carnes, Barkett and Fay
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