[CLC-Discussion] County Realtors Association - Witness Subpoena Power

[Roberts, Hardy L.]

I had a matter where members of an organization were summoned to appear for a hearing held by a panel of the organization..  The hearing related to potential disciplinary action against one of them.  The organizations by-laws required appearance and cooperation and the members faced adverse membership consequences (i.e. suspension, etc.) if they failed to comply.

I have always regarded these things as a private-club type of affairs and not a legal requirement.  That's not to say that membership in the organization may not be in jeopardy for failure to comply.

I've never seen a private subpoena though.

From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Charles B. Hernicz, Esq
Sent: Tuesday, March 25, 2014 12:24 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] County Realtors Association - Witness Subpoena Power

One of my clients received a subpoena to appear as a witness at a hearing for the local county Realtors Association.  What authority does the Realtors Association have to issue witness subpoenas and are they enforceable.  Sorry if this is a stupid question, but I have not seen this before and can find  no authority for this subpoena.

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road
Wellington, FL 33414
Telephone: (561) 753-7511
Facsimile: (561) 753-7082
Chernicz at HerniczLegal.com

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