IN THE SUPREME COURT OF FLORIDA (Before a Referee)

THE FLORIDA BAR,

Complainant,

v.

ADAM JAMES ELLIS,

Respondent.

Supreme Court Case

No. SC-

The Florida Bar File

Nos. 2010-00,876 (1A), 2012-

00,405(1A), 2012-00,682(1A)

___________________________/

THE FLORIDA BARS COMPLAINT

The Florida Bar, Complainant, files this Complaint against Adam James

Ellis, Respondent, pursuant to the Rules Regulating The Florida Bar and alleges:

1. Respondent is, and at all times mentioned in the complaint was, a

member of The Florida Bar, admitted on April 17, 2007, and is subject to the

jurisdiction of the Supreme Court of Florida.

2. Respondent resided out of state during Count I, and practiced law in

Escambia and Santa Rosa County during Count II and Count III.

3. The First Judicial Circuit Grievance Committee A found probable

cause to file this complaint pursuant to R. Regulating Fla. Bar 3-7.4, and this

complaint has been approved by the presiding member of that committee.

COUNT I -TFB #2010-00,876(1A)

4. On March 23, 2010, Respondent self reported to The Florida Bar that

he had been involved in a personal marital dispute resulting in criminal charges in

connection with a domestic violence matter.

5. On March 17, 2010, Respondent pled nolo contendere to 2 criminal

misdemeanors, Assault IV constituting domestic violence and Harassment, in

Multnomah County, Portland, Oregon. The other 7 criminal counts were

dismissed pursuant to the States motion.

6. Sentencing was held over for one year, during which time,

Respondent was permitted to reside in Florida and was ordered, inter alia, to

immediately enroll in Domestic Violence Intervention Counseling or an equivalent

program in Florida, serve 48 hours of community service, stipulate to restitution,

and comply with all other standard domestic violence conditions. If Respondent

met the conditions of his probation, he could withdraw his plea and the case would

be dismissed.

7. Respondent complied with all the conditions of his probation and,

after providing proof of compliance to the court, on April 7, 2011, the charges

were dismissed by the State of Oregon with prejudice.

8. On June 15, 2012, Respondent advised The Florida Bar that the

charges in Oregon had been dismissed pursuant to the plea agreement.

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9. Respondent engaged in criminal misconduct that reflects adversely on

his fitness as a member of the legal profession.

10. By reason of the foregoing, Respondent has violated the Rules

Regulating The Florida Bar, to wit: 3-4.3 (Misconduct and Minor Misconduct), 3-

4.4 (Criminal Misconduct), and 4-8.4(b) (Commit a Criminal Act that Reflects

Adversely on the Lawyers Honesty, Trustworthiness, or Fitness as a Lawyer in

Other Respects).

COUNT II- KRISTY SWEAT-TFB #2012-00,405(1A)

11. During the summer of 2011, Assistant State Attorney Kristy Sweat

(ASA) had her photo published along with other friends in a local Pensacola

magazine called Bella, owned by the Pensacola News Journal (PNJ).

12. On or about September 28, 2011, Respondent, who was an assistant

public defender at the time, was present at a local restaurant during a party

attended by the local public defenders and assistant state attorneys.

13. Respondent approached the ASA and her two companions and

showed them a picture on his telephone. She recognized the photo as one that had

appeared in the PNJ online version of the local magazine earlier that year.

14. Respondent, however, had photo shopped the ASAs picture and

inserted an unclothed, sexual organ outside her mouth.

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15. Respondent went around the room laughing and showing the altered

photo to other attorneys presenting it as a joke.

16. The ASA reported the incident to her supervisor and filed a complaint

with The Florida Bar.

17. As a result of his actions, Respondent was reassigned to the satellite

Office of the Public Defender in Milton, Florida, required to write a letter to the

ASA apologizing for his offensive humor, and required to undergo counseling.

18. Respondent engaged in conduct that showed a lack of fitness and

character as a member of the legal profession.

19. Respondent engaged in conduct prejudicial to the administration of

justice involving sexual harassment that adversely reflects on his fitness to practice

law.

20. By reason of the foregoing, Respondent has violated the Rules

Regulating The Florida Bar, to wit: 3-4.3 (Misconduct and Minor Misconduct)

and 4-8.4(d) (Engage in Conduct Prejudicial to the Administration of Justice).

COUNT III TFB #2012-00,682(1A)

21. On March 10, 2012, Respondent was arrested and charged with

disturbing the peace following a noise complaint filed by his neighbor.

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22. At approximately 7:00 P.M. on March 10, 2012, an Escambia County

Sheriffs Deputy (Deputy), spoke with Respondent concerning a noise complaint

and requesting that he turn the music down in his condominium.

23. Respondent refused to obey the Deputys instructions, challenging the

Deputy to go ahead and give him a citation. His other friends present at the

condominium, however, agreed to turn the music down and the Deputy left.

24. At approximately 8:40 P.M. on the same night, the Deputy returned to

Respondents residence again in response to another noise complaint from the

same neighbor. The neighbor advised the Deputy that after he had left,

Respondent had turned the music up louder than it had been before.

25. The Deputy arrested Respondent and transported him to the Escambia

County Jail.

26. Respondent was charged with a misdemeanor, disorderly conduct.

27. Respondent accepted a Deferred Prosecution Agreement, and, after he

had complied with the terms of the agreement, including writing an apology to the

neighbor, the case was nolle prossed on June 6, 2012.

28. As a result of the above incident, Respondent was terminated from the

Public Defenders Office.

29. Respondent engaged in criminal misconduct that reflects adversely on

his fitness as a member of the legal profession.

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30. By reason of the foregoing, Respondent has violated the Rules

Regulating The Florida Bar, to wit: 3-4.3 (Misconduct and Minor Misconduct), 3-

4.4 (Criminal Misconduct), and 4-9.4(b) (Commit a Criminal Act that Reflects

Adversely on the Lawyers Honesty, Trustworthiness, or Fitness as a Lawyer in

Other Respects).

WHEREFORE, The Florida Bar respectfully requests that Respondent be

appropriately disciplined in accordance with the provisions of the Rules Regulating

The Florida Bar as amended.

Olivia Paiva Klein, Bar Counsel

The Florida Bar

Tallahassee Branch Office

651 East Jefferson Street

Tallahassee, Florida 32399-2300

(850) 561-5845

Florida Bar No. 970247

oklein@flabar.org

ADRIA E. QUINTELA

Staff Counsel

The Florida Bar

Lakeshore Plaza II, Suite 130

1300 Concord Terrace

Sunrise, Florida 33323

(954) 835-0233

Florida Bar No. 897000

aquintel@flabar.org

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mailto:aquintel@flabar.orgmailto:oklein@flabar.org

CERTIFICATE OF SERVICE

I certify that this document has been E-filed with The Honorable John A.

Tomasino, Clerk of the Supreme Court of Florida, using the E-Filing Portal and

that a copy has been furnished by United States Mail via certified mail No. 7013

0600 0002 2578 1866, return receipt requested to Respondent's Counsel, Joseph E.

Turner, 748 Jenks Avenue, Panama City, Florida 32401, at his email address of

duijoeturner@gmail.com, with a copy by electronic mail to Olivia Paiva Klein, Bar

Counsel, oklein@flabar.org, on this 9th day of April, 2014.

ADRIA E. QUINTELA

Staff Counsel

NOTICE OF TRIAL COUNSEL AND DESIGNATION OF PRIMARY

EMAIL ADDRESS

PLEASE TAKE NOTICE that the trial counsel in this matter is Olivia Paiva

Klein, Bar Counsel, whose address, telephone number and primary email address

are The Florida Bar, Tallahassee Branch Office, 651 East Jefferson Street,

Tallahassee, Florida 32399-2300, (850) 561-5845 and oklein@flabar.org.

Respondent need not address pleadings, correspondence, etc. in this matter to

anyone other than trial counsel and to Staff Counsel, Adria E. Quintela, The

Florida Bar, Lakeshore Plaza II, Suite 130, 1300 Concord Terrace, Sunrise, Florida

33323, aquintel@flabar.org.

MANDATORY ANSWER NOTICE

RULE 3-7.6(h)(2), RULES OF DISCIPLINE, EFFECTIVE MAY 20, 2004,

PROVIDES THAT A RESPONDENT SHALL ANSWER A COMPLAINT.

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mailto:duijoeturner@gmail.commailto:aquintel@flabar.orgmailto:oklein@flabar.orgmailto:oklein@flabar.org