Marie Henry, black attorney, single mom, honorably discharged service member, and community volunteer, lost her law license on April 30, 2015. The four main reasons why the Florida Bar prosecuted and ultimately suspended Ms. Henry’s license are: (1). a citizen’s complaint she filed against police officers, who she maintains unlawfully arrested her 13 year old daughter in 2009; (2). an ethics complaint she filed against the local prosecutor; (3). A motion she filed seeking a fair trial; (4). A letter dated December 30, 2013 to the leadership of the Florida Bar outlining her complaints of racial discrimination, mistreatment, and violations of rights. The Bar characterized her actions as “playing the race card.”
In 2015 she sued the Florida Bar in federal court for violating her civil rights and filed an administrative complaint with the Florida Commission on Human Relations (FCHR) for unlawful discrimination in the Bar’s suspension of her law license. The Constitution and Florida law are clear that an individual has a fundamental right to be free from unlawful discrimination, a right to free speech, to a fair trial and to equal treatment. The Florida Bar undermined these fundamental principles.
On June 23, 2016, a Panel of three FCHR Commissioners issued a ruling overturning the Executive Director and Administrative Law Judge determination that FCHR did not have jurisdiction to investigate Ms. Henry’s claims of discrimination and retaliation. The Commissioners agreed with Ms. Henry that the Florida Bar is subject to the jurisdiction of the Commission, and the anti-discrimination provisions of the Florida Civil Rights Act of 1992. In its order remanding the case for investigation, the FCHR said, “We conclude that Respondent is a governmental entity subject to the Florida Civil Rights Act of 1992, and therefore subject to the jurisdiction of the Commission, and that the provisions cited above prohibit Respondent from disciplining the license of an attorney in a discriminatory manner.”
In response to FCHR’s order, Ms. Henry stated, “the ruling is an important step toward restoring the separation of powers and curbing the Florida Bar’s widespread practice of overzealously prosecuting minorities and other members who challenge the establishment.” Ms. Henry’s case is important because it opens the door to other Florida Bar members where discrimination is involved.
Ms. Henry and her daughter continue to be victimized. The Florida Bar disseminated details of the juvenile records to the public even though Florida law and the Florida Constitution make the dissemination illegal. As a matter of public concern, the Florida Bar made it a condition of Ms. Henry’s suspension that she is “mentally unfit” to practice law – because she refused the Florida Bar’s plea offer of a public reprimand. As a result of the Florida Bar’s actions, Ms. Henry was defamed, and she lost her career. Before she can even petition the Florida Bar to return to the practice of law, she must be cleared by Florida Lawyers Assistance Inc- a Bar-sanctioned program that is said to assist attorneys who have drug, alcohol or mental-health problems. She is also required to pay thousands of dollars to the Florida Bar because of the actions taken against her.
After seven years of seeking justice, Ms. Henry has won her first battle. Ms Henry has never disobeyed any orders or violated rules, but it appears the color of her skin was never in her favor in Florida. For more information and how you can help, contact Marie Henry at libertyjustice2012@gmail.com or Roger Caldwell at jet38@bellsouth.net.
