454.18

Officers not allowed to practice.

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454.18 Officers not allowed to practice.No sheriff or clerk of any court, or full-time deputy thereof, shall practice in this state, nor shall any person not of good moral character, or who has been convicted of an infamous crime be entitled to practice. A person may not be denied the right to practice on account of sex, race, or color. And any person, whether an attorney or not, or whether within the exceptions mentioned above or not, may conduct his or her own cause in any court of this state, or before any public board, committee, or officer, subject to the lawful rules and discipline of such court, board, committee, or officer. The provisions of this section restricting the practice of law by a sheriff or clerk, or full-time deputy thereof, do not apply in a case where such person is representing the office or agency in the course of his or her duties as an attorney.
History.s. 18, ch. 10175, 1925; CGL 4196; s. 54, ch. 91-137; s. 182, ch. 97-103; s. 1, ch. 2007-166.
Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 1956–2025 · leading case: State Ex Rel. Florida Bar v. Evans
State Ex Rel. Florida Bar v. Evans (1957) fla · cites it 28× “On September 6, 1955, The Florida Bar filed in this Court its complaint against respondent Evans charging that: (a) he had been convicted of an infamous crime within the meaning of Section 454.18, Florida Statutes 1953, F.”
Traylor v. State (1992) fla · cites it 2× “[19] See § 454.18, Fla. Stat. (1989). [20] See Fla.”
Kohn v. City of Miami Beach (1992) fladistctapp · cites it 2× “Section 454.18, Florida Statutes (1991) clearly provides "any person .”
Yunger v. Oliver (2002) fladistctapp · cites it 2× “See § 454.18, Fla. Stat. (2000) (providing that parties have the right to self-representation in a court of law "subject to the lawful rules and discipline of such court.”
Roth v. Cortina (2011) fladistctapp · cites it 4× “” § 454.18, Fla. Stat. (2010). While Cortina had been diagnosed with a psychiatric condition and had been hospitalized in the past, no showing was made below that he was not mentally competent or able to represent himself at any time during these proceedings.”
Harich v. State (1990) fla · cites it 2× “Harich also argues that the public defender violated section 454.18, Florida Statutes (1981), the common law doctrine of incompatibility, and several of this Court's disciplinary rules.”
Carr v. Grace (1975) fladistctapp · cites it 4× “In support of appellant's contention, she cites § 454.18, Fla. Stat., F.S.A., which provides that, inter alia, any person, whether an attorney or not, may conduct their own cause in any court of this state, subject to the lawful rules and discipline of such court.”
Shotkin v. Cohen (1964) fladistctapp · cites it 2× “, and the statutory provisions of § 454.18 Fla. Stat., F.S.A. However, when one person by his activities [not in just an isolated case but in a series of cases] upsets and interferes with the normal procedures of a court that will have approximately 1,000 matters filed before it…”
Kahn v. Milon (1976) fladistctapp · cites it 2× “See § 454.18, Fla. Stat., F.S.A. and Carr v. Grace, Fla.”
Martinez v. Fraxedas (1996) fladistctapp · cites it 2× “1977); see also § 454.18, Fla. Stat. *492 (1993)("[A]ny person .”
Herskowitz v. Herskowitz (1985) fladistctapp · cites it 2× “1977) (trial judge erred in ordering appellant to be represented by counsel or be subject to dismissal of her cause); § 454.18, Fla.Stat. (1983). This matter was not cognizable by an administrative judge whose duties are limited to certain internal court proceedings, such as the…”
Florida Bar Re Amendment to Florida Rules of Civil Procedure (1983) fla · cites it 2× “Section 454.18, Florida Statutes (1981), reads as follows: Officers not allowed to practice.”
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