TALLAHASSEE (Florida Record) — Gulf Breeze attorney Kelly Kathryn McGraw has been disbarred following a Jan. 3 Florida Supreme Court order over allegations she failed to comply with a reinstatement order following her 2011 suspension over substance abuse issues, according to a recent announcement by The Florida Bar.
"McGraw was found in contempt for noncompliance with the terms of Supreme Court Order dated Oct. 31, 2016," the state bar said in its March 27 announcement of the discipline and the Supreme Court's order. "McGraw was conditionally reinstated and placed on probation for substance abuse issues. She subsequently tested positive for alcohol on several occasions after signing a contract agreeing to abstain. McGraw also misrepresented on quarterly sworn statements that she was compliant with the terms of her probation."
McGraw's disbarment was effective 30 days from the state Supreme Court's order. The high court also ordered McGraw to pay $1,250 in costs. In Florida, court orders are not final until time to file a rehearing motion expires.
On Jan. 3, McGraw filed a motion for rehearing, objecting to the state Supreme Court's order of disbarment and asking the high court to reconsider. McGraw, speaking in third person, as is usual in such filings, said in her motion that "she did ingest alcohol" to alleviate physical pain and "chose the medicinal value of alcohol over pain medication for relief."
McGraw also denied drinking alcohol from June 6 to Sept. 30 and disagreed with the positive test results, according to her motion. McGraw said during those months she "was on a Paleo diet and was consuming kombucha tea for its health benefits" and later found out the naturally fermented tea produces alcohol, according to her motion.
McGraw said "disbarment is too severe a punishment" that prevents her from making a living "from the only profession she's ever known and essentially prohibits her from being able to provide for her children and family," her motion said.
The day after McGraw filed her motion, the state Supreme Court issued a brief order denying her motion for rehearing and her amended motion for rehearing.
McGraw was admitted to the Florida bar Sept. 20, 1990, according to her profile at the state bar website.