Petition for Emergency Suspension
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IN THE SUPREME COURT OF FLORIDA THE FLORIDA BAR, Supreme Court Case No. SC Petitioner, The Florida Bar File Nos. v. 2015-31,089(09D)(CES); 2015-30,334(09D); LINDA DAWN HADAD, 2015-30,538(09D); 2015-30,592(09D); Respondent. 2015-30,963(09D); 2015-31,021(09D); 2015-31,022(09D). _____________________/ PETITION FOR EMERGENCY SUSPENSION This petition of The Florida Bar seeks emergency relief and requires the immediate attention of the Court pursuant to R. Regulating Fla. Bar 3-5.2. The Florida Bar seeks the emergency suspension of Linda Dawn Hadad, Attorney No. 542571, from the practice of law in Florida based on facts that establish clearly and convincingly that Linda Dawn Hadad appears to be causing great public harm as will be shown by facts supported by the transcripts of Ms. Hadad’s deposition taken in April 2015, the affidavits of: Staff Investigator Shirley Coleman; The Honorable Terence Robert Perkins, Chief Judge of the Seventh Judicial Circuit; The Honorable Leah Ransbottom Case, Seventh Judicial Circuit Judge; and the sworn Florida Bar Inquiry Complaint Forms submitted by Rebecca Buchanan, 1 Danica Veira, Jeffrey Scott Addington, Johnny Estevez, and Trizell Johnson, all of which are attached hereto as Exhibits A through J. 1. The filing of this Petition for Emergency Suspension has been authorized by the Executive Director of The Florida Bar. 2. Respondent, Linda Dawn Hadad, is and at all times hereinafter mentioned, was a member of The Florida Bar and subject to the jurisdiction and disciplinary rules of the Supreme Court of Florida. 3. Respondent is currently the subject of bar disciplinary matters which have been assigned the above-referenced The Florida Bar file numbers. 4. The bar's investigation of this matter has indicated that respondent has engaged in an ongoing pattern of behavior which presents a threat to the judicial system and her clients. The misconduct in question includes but is not limited to: engaging in illegal drug use six months prior to respondent’s deposition taken in April 2015, engaging in illegal drug activities with her clients, engaging in sexual conduct with her clients, failing to timely appear for court hearings in May 2015 and June 2015, closing her office without informing her clients, and failing to respond to the bar. THE FLORIDA BAR FILE NO. 2015-30,334(09D) 5. The Ninth Judicial Circuit Grievance Committee D found probable cause pursuant to Rule 3-7.4, of the Rules Regulating The Florida Bar. 2 6. Respondent’s deposition was taken in connection with the bar’s investigation on April 1, 2015 and continued on April 16, 2015. Attached hereto and incorporated herein are the transcripts of Respondent’s deposition as Exhibits A and B respectively. 7. During her deposition respondent admitted to use of the following illegal drugs: powder cocaine, ecstasy, marijuana, crack cocaine, meth, and acid. Respondent also admitted to using the prescription drugs Xanax, Adderall, oxycodone and Lortabs for which she had no prescription. See Ex. A, pp. 18-25. See Ex. B, pp. 21-24. 8. Respondent admitted to taking Oxycodone or Lortabs six months prior to the date of the deposition without a prescription. See Ex. B, pp. 23-24. 9. Respondent also admitted in her deposition to illegal drug use with clients. See Ex. B, pp. 64-66, 110. 10. Respondent had inappropriate intimate relationships with inmates housed at the Volusia County Jail while she was representing them. Respondent used her attorney access to have personal visits with Steven Sullivan and Brandon Carson, two inmates with whom she had intimate relationships. See Ex. B, pp. 37- 38. 3 11. Respondent admitted during her deposition that during one of her attorney visits at the Volusia County Jail, she and Brandon Carson kissed. See Ex. B, p. 43. 12. The warden of the jail restricted respondent’s access to the attorney visitation area due to the concern regarding respondent’s relationships with the inmates. This restriction allows for no physical contact between respondent and the inmates. See. Ex. C. 13. Respondent engaged in inappropriate phone calls with inmates housed at the jail. The phone calls, which were routinely recorded by the jail, included, but were not limited to, repeated discussions of a sexual nature and phone sex. See Ex. B, pp. 113-115. Respondent also discussed the purchase and use of drugs with her clients, the inmates. See Ex. B., pp. 107-110. 14. During one phone call, respondent contacted or attempted to contact a domestic violence victim on a case for an inmate where a no contact order was in place. Respondent sought to ascertain whether the victim would drop the domestic violence charge. Respondent’s attempted contact with the victim was a clear violation of the court’s order. 15. In another phone call, respondent advised a friend, and later client, to illegally switch plates on a rental car to avoid being stopped by the police. 4 16. During her deposition, respondent also admitted to renting cars for this same client/friend in exchange for drugs. See Ex. B, pp. 47-48. 17. Several of the phone calls involved respondent discussing other clients’ or potential clients’ cases with Steven Sullivan and Brandon Carson. 18. Respondent repeatedly attempted to circumvent the jail’s rules. 19. Respondent admitted during her deposition to placing money into the commissary account of her client, Brian Gall, for use by her inmate boyfriend, Steven Sullivan, who was in lockdown and thus not allowed to purchase items. See Ex. B, p. 5. 20. Additionally, respondent admitted during her deposition to placing money into the commissary accounts of several inmates while representing them. See Ex. B, pp. 123-124. 21. Respondent went to the jail with the intention of obtaining a food stamp card from an inmate’s property that did not belong to her for her personal use and/or the use of another inmate. However, when respondent went to the jail to obtain the card from the inmates property, the card was not there. See Ex. B, pp. 102-104. 22. On or about September 4, 2013, respondent filed a Motion to Modify Sentence and/or Revoke Probation with the court regarding the release of Mr. Sullivan. When respondent filed the motion, respondent was not the attorney of 5 record on the case. Mr. Sullivan had counsel and respondent did not consult with Mr. Sullivan’s counsel prior to filing the motion with the court. THE FLORIDA BAR FILE NO. 2015-31,089(09D)(CES) 23. On May 26, 2015, respondent failed to appear at a jury selection in a domestic violence battery case before the Honorable Steven Charles Henderson. Respondent filed a motion for continuance in which the judge and the prosecution saw for the first time the morning of jury selection. However, the judge had not continued the case and would not have granted respondent’s motion had she been present. Attached hereto and incorporated herein is The Florida Bar Staff Investigator Shirley Coleman’s affidavit as Exhibit C. 24. At Judge Henderson’s direction, his judicial assistant attempted to contact respondent. His judicial assistant left numerous voicemails for respondent and did not receive a return phone call. The judicial assistant also sent respondent at least two e-mails and has not gotten a response. 25. The Honorable Terence Robert Perkins, Chief Judge of the Seventh Judicial Circuit has advised that respondent’s conduct and inattention to her cases and clients not only deprives her clients of reasonable representation but hampers the Court’s ability to effectively and efficiently deal with its docket. Attached hereto and incorporated herein is Judge Perkins’s affidavit as Exhibit D. 6 26. Respondent has also repeatedly failed to appear for docket soundings before The Honorable Leah Ransbottom Case. When respondent does appear, she is always late. Attached hereto and incorporated herein is Judge Case’s affidavit as Exhibit E. 27. Judge Case had previously addressed respondent’s behavior with her and the judge has not seen a change in respondent’s behavior. THE FLORIDA BAR FILE NOS. 2015-30,963(09D), 2015-31,021(09D), AND 2015-31,022(09D) 28. Respondent neglected the criminal cases of her clients, Arthur Patrick Mansfield, Willie B. Wyche, and Jeffrey Scott Addington. 29. Respondent failed to take any action to pursue Mr. Mansfield’s termination of probation and failed to appear in his violation of probation case. 30. Mr. Wyche was left without representation during a bond hearing when respondent left the courtroom without notice and was nowhere to be found when his case was called. See Ex. C. 31. Respondent charged the full legal fee to Mr. Addington’s mother, Ruth Ann Edward’s credit card rather than the down payment as agreed. The next day, respondent claimed there was a problem with the credit transaction and demanded the full payment. Ms. Edwards paid respondent with a check, which respondent immediately cashed at Amscot. Respondent never reversed the charge 7 despite repeatedly promising to do so. Thereafter, respondent refused to accept Mr. Addington’s or Ms. Edwards’ phone calls. See Ex. H. 32. Respondent closed her office without notifying her clients and/or their agents of a new office location. See Ex. F and G. 33. Respondent failed to maintain adequate communication with her clients and/or their agents regarding the status of their cases. See Ex. F, G, and H. 34. On April 28, 2015 and May 20, 2015, the bar notified respondent, via U.S. mail and e-mail at her record bar address and e-mail address, of its investigation into these matters and her obligation to respond pursuant to the Rules Regulating The Florida Bar.