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FLORIDA RECORD

Tuesday, March 19, 2024

Pensacola attorney suspended for allegedly mishandling criminal appeal

Discipline

TALLAHASSEE (Florida Record) — Pensacola attorney Eugene Keith Polk has been has been suspended following a March 28 Florida Supreme Court order over allegations arising from a criminal appeal, according to a recent announcement by The Florida Bar.

"Polk was appointed to represent his client on a criminal appeal," the state bar said in its April 30 announcement of the discipline and the Supreme Court's order. "He failed to diligently represent or communicate with his client, to comply with appellate rules and orders, and to timely respond to The Florida Bar."

In its two-page order, the state high court approved the uncontested referee's report filed in the matter before suspending Polk one year and ordered him to pay almost $1,398 in costs.

Polk's suspension was effective 30 days from the date of the court's order to allow him time to close his practice and protect his existing clients' interests, according to the high court's order.

Florida court orders are not final until time to file a rehearing motion expires. Filing such a motion does not alter the effective date of Polk's suspension.

Polk was admitted to the bar in Florida on April 21, 1994, according to his profile at the state bar website.

In the consent judgment filed with the court, Polk conditionally admitted to violating professional conduct rules regarding misconduct and minor misconduct, scope of representation, diligence, communication and expedite litigation. Polk also admitted to knowingly disobeying rules of a tribunal, conduct prejudicial to the administration of justice and failing to respond to the state bar.

Allegations against Polk stemmed from his failure during summer 2015 to respond to a First District Court of Appeal order to show why his client's case should not be dismissed for failure to file a timely initial brief. The case was dismissed in September 2015.

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