Oaths of Florida Lawyers and State Attorneys

Will wrote and asked:

The purpose of this message is to inquire about your previous challenge on the Florida oath of office issue. Questions:

  1. What was the final outcome of your investigation?
  2. Did you develop any kind of final report?
  3. Where do I look to find the the oath of judges of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. Specifically Judge Gisela Cardonne Ely.
  4. Since attorneys are “officers of the court” and courts are of the state, did you find any state requirement(s) for attorney to take an oath???

I answer as follows

  1. I found out that many violations of oath-related laws exist, but the Florida Supreme Court justifies those by judges so long as they swore the public officer’s oath.
  2. Get the Loyalty Oaths in Florida report here: http://bobhurt.com/articles/law%20-%20Loyalty%20Oaths%20in%20Florida.pdf.
  3. Get judge oaths from the State Dept, Div of Elections, Bureau of Election Records, and from your judicial circuit’s trial court administrator (11th circuit).
  4. Normal attorneys must swear the Florida Bar Oath (below). I know of no law requiring them to swear any other oath unless they take government employment or vote.
  5. State Attorneys must swear :
  1. Florida Bar Oath
  2. Elector’s oath, F.S. 97.051
  3. Candidate’s oath, F.S. 99.021 and 876.05-10
  4. Public Officer’s oath, Fl Constitution Article II Sec 5b; see also US Constitution Article VI Clause 3, and 4 USC 101 and 102 – The Florida Constitution public officer oath contains the words “I will support the Constitution and Government…” which I believe negates the oath to support the constitution and justifies the good old boys network.
  5. Public employee’s oath, F.S. 876.05-10 – 876.06 requires discharge of public employees who fail to swear the 876.05 oath, and 876.08 makes failure to discharge into a misdemeanor. I know of no law that specifically punishes the failure to abide by the oath except for laws regarding treason and other crimes.

See http://leg.state.fl.us for laws, statutes, and the Florida Constitution.

Many if not most lawyers violate their oaths and bar rules (below).

Florida Bar Oath

Oath of Admission to The Florida Bar

The general principles which should ever control the lawyer in the practice of the legal profession are clearly set forth in the following oath of admission to the Bar, which the lawyer is sworn on admission to obey and for the willful violation to which disbarment may be had.

  1. “I do solemnly swear:
  2. “I will support the Constitution of the United States and the Constitution of the State of Florida;
  3. “I will maintain the respect due to courts of justice and judicial officers;
  4. “I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land;
  5. “I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law;
  6. “I will maintain the confidence and preserve inviolate the secrets of my clients, and will accept no compensation in connection with their business except from them or with their knowledge and approval;
  7. “To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications;
  8. “I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged;
  9. “I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay anyone’s cause for lucre or malice. So help me God.”

(NOTE: This form may NOT be used for admission purposes. You must obtain the official form from the Florida Board of Bar Examiners for admission.)

[Revised: 09-13-2011]

RULES REGULATING THE FLORIDA BAR – note 4.3.3

http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView

1 General
2 Bylaws Of The Florida Bar
3 Rules Of Discipline
4 Rules Of Professional Conduct
CHAPTER 4 (PDF) (153 PAGES) (JULY 1, 2012)
PREAMBLE
4-1 Client-Lawyer Relationship
4-2 Counselor
4-3 Advocate
4-3.1 Meritorious Claims And Contentions
4-3.2 Expediting Litigation
4-3.3 Candor Toward The Tribunal
4-3.4 Fairness To Opposing Party And Counsel
4-3.5 Impartiality And Decorum Of The Tribunal
4-3.6 Trial Publicity
4-3.7 Lawyer As Witness
4-3.8 Special Responsibilities Of A Prosecutor
4-3.9 Advocate In Nonadjudicative Proceedings
4-4 Transactions With Persons Other Than Clients
4-5 Law Firms And Associations
4-6 Public Service
4-7 Information About Legal Services
4-8 Maintaining The Integrity Of The Profession
5 Rules Regulating Trust Accounts
6 Legal Specialization And Education Programs
7 Clients’ Security Fund Rules
8 Lawyer Referral Rule
9 Legal Services Plans Rules And Regulations
10 Rules Governing The Investigation And Prosecution Of The Unlicensed Practice Of Law
11 Rules Governing The Law School Practice Program
12 Emeritus Attorneys Pro Bono Participation Program
13 Authorized Legal Aid Practitioners Rule
14 Grievance Mediation And Fee Arbitration
15 Review Of Lawyer Advertisements And Solicitations
16 Foreign Legal Consultancy Rule
17 Authorized House Counsel Rule
18 Military Legal Assistance Counsel Rule
19 Center For Professionalism
20 Florida Registered Paralegal Program

Author: bobhurt

See http://bobhurt.com

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