JACKSONVILLE, Fla. — Calling his conduct “inexcusable” and “a grievous sin,” a Duval County judge castigated a chronically absent attorney Wednesday.
After weeks of absences and dubious excuses, Benjamin Buck did finally appear before Judge Robert Arias, albeit via Zoom. Arias made no attempt to hide his outrage.
“Your conduct has tarnished the profession in the eyes not only of your clients, but most importantly the community at large,” Arias said. “You have demonstratively misrepresented -- that's another way of saying ‘lying’ -- to this court. Not only to this court, but also to many of your clients. Needless to say, your actions are inexcusable, regardless of what issues you're going through, sir.”
As First Coast News reported last month Florida Bar began investigating Buck’s repeated failure to appear at scheduled court appearances, after he abruptly filed motions to withdrawing from all of his cases. Such motions are not automatically granted and an attorney is required to appear in court on his or her motion.
The resulting chaos stumped judges and infuriated clients, who said they have been unable to contact Buck, despite paying him thousands of dollars in legal fees. First Coast News later learned that Buck's Tampa law office is a UPS mail slot.
Arias said he was initially sympathetic to Buck, believing he was facing a significant life crisis. "Mr. Buck … when I first found out that there were issues with you, I truly thought that you were grievously ill. Over time, I have come to believe that you may have some issues other than being grievously ill.”
Buck did not respond to the judge’s comments and has not responded to emails and voicemails seeking comment over the past several weeks. On Wednesday he did text a brief message that read, "Today's [sic] January 11, 2023 Motion to Withdraw was GRANTED. My law firm closed on January 20, 2023. -Ben Buck's statement."
After Buck’s initial failure to appear, which First Coast News reported on Jan. 24, Arias said he “started receiving emails from all over the state about you. I chose not to believe those emails.” But after Buck’s repeated failures to come to court, despite Arias’ direct orders to do so, the judge said he now believed Buck should be prohibited from ever practicing law again.
Buck has filed a petition with the Florida Supreme Court for what is essentially a voluntary, temporary disbarment. In his “Petition for Disciplinary Revocation,” Buck acknowledges being the subject of at least 29 complaints being investigated by the Florida Bar. If granted by the Supreme Court, the petition would absolve Buck of all pending complains. It would also allow him to apply to regain his license in five years.
Arias made clear if it were up to him, he would not accept a temporary loss of his law license.
"You have failed to protect your clients’ interest. And that is the grievous sin that you have committed in this case. You have failed to protect your clients’ interests and that alone should suffice for the Florida Supreme Court to make sure that you never are in a position to do so in the state of Florida. I don't know what's going to happen with your petition for voluntary disciplinary action. I know but I would do if I were a Supreme Court justice.”
Arias then said he was granting Buck’s motion to withdraw from the case and assigning it to a public defender.