On Friday, October 18, 2024, the Supreme Court of Florida publicly reprimanded Theodore Mark Cooperstein following a disciplinary proceeding that found him guilty of professional misconduct.
The case is entitled “The Florida Bar v. Theodore Mark Cooperstein,” with case no. SC2024-0607.
The Court’s decision was based on a reciprocal discipline action stemming from a judgment issued by the Mississippi Supreme Court, which had previously imposed a private reprimand against Cooperstein for making false statements to the court regarding his COVID-19 vaccination status.
The disciplinary proceedings began when The Florida Bar filed a reciprocal complaint against Cooperstein on April 25, 2024. In response, Cooperstein submitted an answer on May 14, 2024. The case progressed, culminating in a consent judgment on July 19, 2024, wherein both parties agreed to the terms of the disciplinary action. This consent judgment was later forwarded to the Supreme Court of Florida for approval.
The findings of the referee appointed to the case revealed a series of misrepresentations made by Cooperstein during multiple court hearings. Specifically, in 2021, Cooperstein falsely indicated to the court that he was vaccinated against COVID-19 during hearings in three separate federal criminal cases. These misrepresentations led to an investigation by the Department of Justice’s Office of Professional Responsibility (OPR), which concluded that Cooperstein had violated Mississippi Rules of Professional Conduct by knowingly making false statements to the tribunal.
The Mississippi Supreme Court’s judgment, dated August 1, 2023, outlined the misconduct and imposed a monetary penalty of $6,000, which Cooperstein was required to pay as part of his support for the Mississippi Bar’s James O. Dukes Professionalism Program. The sanctions were based on the findings that Cooperstein had intentionally misrepresented his vaccination status during court proceedings, which included three separate hearings before U.S. District Judge Carlton W. Reeves.
The referee recommended that Cooperstein be found guilty of violating specific rules regulating The Florida Bar, namely that a lawyer shall not knowingly make a false statement of material fact to a tribunal and shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation. The referee noted that the Mississippi Supreme Court’s adjudication served as conclusive proof of Cooperstein’s misconduct in Florida.
The Supreme Court ordered Cooperstein to attend a Professionalism Workshop in person, to be scheduled by The Florida Bar, and to pay all associated fees within six months. Furthermore, Cooperstein was directed to comply with all other terms and conditions set forth in the consent judgment.
In addition to the reprimand, the Supreme Court ruled that Cooperstein must pay a total of $1,279.40 in disciplinary costs to The Florida Bar. The court stated that these disciplinary costs are not dischargeable in any future proceedings, including bankruptcy petitions. Failure to satisfy the cost judgment within 30 days would render Cooperstein delinquent and ineligible to practice law unless deferred by The Florida Bar’s Board of Governors.
According to avvo.com, Mr. Cooperstein is an appeals attorney in Madison, Mississippi. He acquired his law license in Florida in 2012.
A copy of the original filing can be found here.
