Bar recommends ethics school for Dwyer


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  • | 4:00 a.m. May 23, 2012
The Bar recommended the public reprimand and that Dwyer attend ethics schools no later than July 1.
The Bar recommended the public reprimand and that Dwyer attend ethics schools no later than July 1.
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Judge candidate Dwyer could be reprimanded. Also, a County Commission candidate has died.

Flagler attorney Marc Dwyer, who’s vying to become the next Flagler County judge, faces possible public reprimand after a couple he represented in 2007 complained to The Florida Bar that he mishandled their case and didn’t keep them informed, according to a report.

The Bar recommended the public reprimand and that Dwyer attend ethics schools no later than July 1. The Supreme Court of Florida could review the case and disagree with The Bar’s recommendation or do something different altogether.

The complaint arose after Richard and Lorraine Reid asked Dwyer in 2007 to defend them in a civil suit. A person who bought a boat from the Reids had sued them, accusing them of making misrepresentations to get them to buy the boat.

The Reids, who told Dwyer they had limited funds, went on to lose the case in 2008 and were ordered by the court to pay $10,160.

The Reids complained to The Bar that Dwyer failed to meet with them prior to the trial “to prepare them” and also did not hire a court reporter.

Dwyer said that with the 2008 incident, bookkeeping items weren’t kept properly “because no one knew they had to be kept.” Dwyer acknowledged in a phone interview Thursday that he presumed his client couldn’t pay for a court reporter because the client wasn’t able to pay for inspectors’ or lawyer’s fees.

“I’ve contested that if The Bar finds that’s worthy of reprimanding me for it, that’s fine,” Dwyer said. “I’ll accept responsibility and move on.”

This is the second time Dwyer has run into trouble with The Bar since he was admitted May 5, 2003. The first time, he was placed on probation for two years, though there was no evidence of intentional wrongdoing, the report states.

Dwyer is one of seven candidates running to replace Flagler County Judge Sharon Atack.

Incidentally, long before anyone announced candidacy, fellow 2012 judge candidate Sharon Feliciano was on the grievance committee that voted June 25, 2010, that probable cause was present in the case against Dwyer.

County candidate dies
George B. Cominsky died Tuesday, May 8, in his own home. He was 82. Cominsky had filed to run against Barbara Revels for the Flagler County Board of County Commissioners District 1; as of now, Revels is unopposed.

Cominsky is survived by his wife, Gail Kent Clemmer, five children, and two step children. Cominsky was a Korean War veteran and held several government positions.

State Attorney challenged
Incumbent State Attorney R.J. Larizza will be challenged this election by Stasia Warren, a recently retired Volusia County judge with 21 years of experience. This will be Larizza’s first election as an incumbent and Warren’s first time running for state attorney.

Both candidates are Republicans and will face off in August.

Public defender unopposed
James Purdy will again be the public defender for Flagler, St. Johns, Volusia, and Putnam counties, which are all part of the Seventh Judicial Circuit. No one opposed Purdy in time for the qualifying period earlier this month.

This will be Purdy’s third term. He was first elected in 2004 and also ran unopposed in 2008. Purdy says his third term will be different because he will be more centered on clients.

Purdy’s department will be working on collaborating better with judges and attorneys behind the scenes. Purdy says that his job helps ensure that “the least among us are protected”; the public defender’s role is to represent people charged with crimes who can’t afford their own representation.

Purdy says “Justice is not a conservative or liberal issue. … The right to counsel is a fundamental principal.”
 
DeSantis runs for U.S. seat
There are now nine candidates for District 6 in the U.S. House of Representatives, after Ponte Vedra Beach resident Ron DeSantis acquired the 2,298 petitions required to run. U.S. Rep. John Mica is technically the incumbent, but the lines were redrawn, and he is no longer in the district.

 

 

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