On Thursday, September 15, 2022, the Supreme Court of the State of Florida ruled on the Uncontested Report of the Referee Accepting Consent Judgment concerning Orlando Attorney Joanne Marie Prescot for misconduct.

The case, titled The Florida Bar v. Joanne Marie Prescott, was brought by the Florida Bar. Case number #SC22-811.

The charges cited Rules Regulating the Florida Bar specifically 3-4.3 (misconduct and minor misconduct), 3.7(e) (notice of self-reporting by members of determination or judgment of guilt of all criminal charges), and 4-8.4(b) (misconduct), which state:

The standards of professional conduct required of members of the bar are not limited to the observance of rules and avoidance of prohibited acts, and the enumeration of certain categories of misconduct as constituting grounds for discipline are not all-inclusive nor is the failure to specify any particular act of misconduct be construed as tolerance of the act of misconduct. The commission by a lawyer of any act that is unlawful or contrary to honesty and justice may constitute a cause for discipline whether the act is committed in the course of the lawyer’s relations as a lawyer or otherwise, whether committed within Florida or outside the state of Florida, and whether the act is a felony or a misdemeanor.

A member of The Florida Bar must provide a copy of the document(s) entering a determination or judgment for any criminal offense against that member entered on or after August 1, 2006, to the executive director within 10 days of its entry.

A lawyer shall not commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.

The Rules Regulating the Florida Bar can be found here.

The following are as alleged and summarized from the filing:

Respondent, Ms. Prescott engaged in the misconduct of having pled guilty to a misdemeanor charge of Failure to Exercise Due Care in McIntosh County, Georgia on May 13, 2019. Ms. Prescott failed to notify the Florida Bar of her plea in Georgia, as required by the Rules. On May 7, 2021, Ms. Prescott was arrested for DUI – Unlawful Blood Alcohol – DUI Damage to Property or Person of Another in Orange County for which she was later adjudicated guilty. She timely self-reported her plea and admitted that she had failed to timely report the 2019 Georgia plea. Then again, Ms. Prescot was arrested for DUI in Osceola County on December 3, 2021. She was adjudicated guilty thereof and admitted to the violation of probation in the Orange County case.

The Report of Referee Accepting Consent Judgment recommended that Ms. Prescott be found guilty of misconduct and that she be publicly reprimanded to be administered by publication, and be placed on probation for a period of three years with terms. It also recommended Respondent pay the Florida Bar’s costs amounting to $1,339.90.

With the foregoing facts and discussions, the court ruled against the Respondent in relation to the above-cited Rules of Professional Conduct

The Disposition reads:

“The Court approves the uncontested referee’s report and reprimands respondent.

Respondent is further placed on probation for three years under the terms and conditions set forth in the report and consent judgment. . .

Judgment is entered for The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, for recovery of costs from Joanne Marie Prescott in the amount of $1,339.90, for which sum let execution issue.”

As of today, Ms. Prescott is listed on Zimmerman Kiser Sutcliffe law firm as a shareholder. She practices in Orlando, Florida. She obtained her Juris Doctor degree from the University of Florida – Fredric G. Levin College of Law in 1996. She has been licensed in Florida. Her bio can be found on LinkedIn.

A copy of the original filing can be found here