By Jordana Mishory
Daily Business Review
New York Lawyer
April 1, 2010
MIAMI - Attorney Lawrence
"Chris" Roberts received a public reprimand from The Florida Bar
for giving former Broward Circuit Court Judge Larry Seidlin
"gifts requested by the judge in order to receive special public
defender appointments," according to Roberts’ conditional guilty
plea.
Roberts came forward in 2007
stating that he purchased Seidlin a shirt the judge wanted and
also bought a purse from Neiman Marcus for the judge’s wife,
Belinda.
Seidlin, who left the bench in
June 2007 after 28 years, was cleared of these charges that he
improperly solicited and received gifts from Roberts by the
Miami-Dade state attorney’s office in January 2009.
Prosecutors also cleared Seidlin
of allegations that he took advantage of an elderly neighbor,
who has since sued him for exploitation in an ongoing Broward
Circuit Court case.
The judge had gained national
notoriety when he sobbed and admonished the parties while
presiding over the body custody case of late Playboy Playmate
Anna Nicole Smith. He has authored a book about the case. Its
release is scheduled this summer.
In an interview, Roberts said he
believes a double standard was at play as he faced a Bar ethics
complaint for wrongdoing, while no wrongdoing was found on
Seidlin’s part.
The Florida Bar closed out a
case against Seidlin in February, finding that there was not
sufficient evidence to proceed against him as to "whether or not
you violated the rule with regard to the gifts received from
Lawrence Roberts." The Bar has a pending case against Judge
Seidlin concerning potential misconduct in regards to his
elderly neighbor, according to Bar counsel Randi Klayman
Lazarus.
"It was extortion, it wasn’t
bribery," Roberts said. "The plan did not hatch in my mind. It
hatched in the mind of Judge Seidlin."
"The judge? Get in trouble? No,"
Roberts said sarcastically.
Roberts signed a previously
unreported conditional guilty plea December 2009. In late
January, the Florida Supreme Court approved the uncontested
referee’s report in a three-paragraph order, and also required
Roberts to pay more than $1,900 in costs.
According to the Dec. 17 report
of referee, Palm Beach Circuit Judge Meenu Sasser, Roberts
"acknowledged that his actions were improper and that he did not
turn down the judge’s requests because he ‘would have lost the
favor of Larry Seidlin to do whatever a Circuit Judge could do’
for him and to ‘keep him happy.’"
Sasser wrote that she found
Roberts violated four Florida Bar rules regulating attorneys,
including a rule that requires a lawyer to report a judge who is
acting improperly. He also was found to knowingly assist a judge
breach his or her conduct rules.
Seidlin and his wife referred
comment to his attorneys, Peter Sachs and Ed Shohat, who
represented Seidlin in the criminal probe. Sachs did not return
call for comment by deadline.
Shohat declined to comment about
Roberts’ Florida Bar case.
The Florida Bar Web site says
Seidlin has a clean 10-year disciplinary history.
Roberts was admitted to The
Florida Bar in 1972, and was elected county court judge in 1976.
He resigned from the bench in
1981 following an arrest for a D.U.I. After two more D.U.I.
arrests, he placed himself on the inactive list until he could
prove rehabilitation, according to the Miami-Dade State
Attorney’s close out memo.
The close-out memo states that
Roberts got more than $72,000 in fees from juvenile cases
Seidlin appointed him to from April 2001 to July 2003.
According to the close-out memo,
Roberts said Seidlin once told him that it was his birthday, and
then instructed him how to find the shirt he wanted at a
department store.
Seidlin was presiding over a
D.U.I. case Roberts was defending that day, and after receiving
the shirt, Seidlin stated that he didn’t find the case credible,
Roberts alleged.
The close-out memo states the
prosecutor’s office found that Seidlin never presided over a
D.U.I. trial that Roberts argued.
The Miami-Dade state attorney’s
office was assigned the case by the governor.
Roberts said that he didn’t have
that much of a choice concerning purchasing the gifts because
that’s the way Seidlin was.
Roberts said that he received
special public defender appointments without having to bribe
Seidlin.
Roberts’ attorney Michael
Catalano said the judge placed his client in an uncomfortable
position.
"He felt uncomfortable and
pressured and so he did it," Catalano said. "In retrospect he
wishes he didn’t."
Roberts said despite the
reprimand, he would come forward again. He said it was wrong
that Seidlin has made it through the ordeal without any action
taken against him. The time period for the Judicial
Qualifications Commission to act has expired.
"He gets $150,000 [pension] for
the rest of his miserable life from the people of Florida for
thanks of his miserable service," Roberts said. "I guess that
bothers no one."
He said that his punishment
would deter other attorneys from coming forward to report
judicial misconduct.