The Florida Bar has opened a disciplinary investigation in to now-former Fourth Circuit Public Defender Matt Shirk.
Karen Kirksey, a spokesperson with the Florida Bar, says the investigation is confidential, so they won’t be providing other details on the nature of the specific nature of the claims, other to say they originate from a grand jury presentment. They are sending a letter to Shirk, and he will then have 15 days to respond.
This is not the first investigation Shirk has faced since he was elected in 2008.
In June, the Florida Ethics Commission found probable cause on accusations against Shirk. The investigative documents showed, according to the Commission, probable cause that Shirk misused his position to hire and fire several women, misused his office by serving alcohol in a City building, and disclosed or used information that wasn't available to the public for his own benefit- specifically dealing with a client interview and information he told a documentary crew.
The Ethics Commission says their case with Shirk is still pending a public hearing ore settlement agreement.
In December 2014, grand jury investigation findings on Shirk were made public. The grand jury determined Shirk shouldn't be indicted, but urged him to resign, which he did not. The investigation centered on Shirk's hiring and firing practices, handling of public records, and questionable conduct in office.
In August 2013, Florida's Governor appointed a State Attorney to conduct an investigation as well, specifically dealing with Shirk's handling of public records and "any related misconduct".
Shirk was voted out of office in August. Former Judge Charlie Cofer won more than three quarters of the vote in Duval County, and 70% or better in Clay and Nassau as well.
After Shirk responds to the Florida Bar investigation- or if he doesn’t respond- they will determine if further investigation is warranted. A branch office of the Bar then takes over, and Bar counsel can refer the case to a grievance committee. If that committee finds probable cause, their decision is reviewed by a Board of Governors designee, and charges are filed with the Florida Supreme Court.
The Florida Supreme Court would then appoint a judge to “referee”, and subsequently make a recommendation on guilt and sanctions. A Florida Bar Board of Governors designee then reviews that, and is able to appeal within 60 days. The Florida Supreme Court then approves or disapproves of the recommendation, or any of its parts, thereby giving a final decision on the case.
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