By Alexis Tereszcuk – Radar Senior Reporter
Casey Anthony might be out of jail, but her lawyer Jose Baez is fighting his own legal battle over the handling of his famous client’s case.
“We are investigating an open complaint regarding Jose Baez,” the Florida State Bar spokesperson confirmed to RadarOnline.com on Thursday.
The investigation into Jose Baez is related to Casey’s probation issue, according to the Orlando Sentinel, after Judge Belvin Perry held an emergency hearing on August 5 to determine if Casey should serve probation that her attorneys claimed she served while behind bars.
The confusion over her probation occurred because the judge in the check fraud case, Stan Strickland, verbally ordered Casey to serve her probation AFTER her release from jail, but a clerk mistakenly wrote that she could serve WHILE IN JAIL, as she waited to go on trial for the death of her 2-year-old daughter Caylee.
After taking the matter under advisement, on August 12, Judge Perry ordered Casey to return to Orlando by August 26 to serve her one year, supervised probation for her check fraud conviction and admonished her attorneys during the hearing after asking if they knew she was improperly serving her probation in jail; one admitted they did in fact know, but said they did not believe it was their responsibility to notify the court.
“The failure to abide by that order and the failure to notify the court of a known scrivener’s error in the order may be a violation of an attorney’s duty of candor,” Judge Perry said to Casey’s attorney.
“No attorney should conduct himself or herself in a way that impedes an order of the court…Our system of justice should never be in the position of rewarding someone who willfully hides the ball.”
The Bar would not confirm any other details about the investigation. Baez has been investigated previously by the Bar, but no actions have been taken against him.
Casey’s attorneys have filed an appeal asking that Judge Belvin Perry’s order for Casey to return to Orlando to serve her probation be vacated. He has ordered the 25-year-old who was acquitted of murdering her daughter Caylee Marie to return to Orlando no later than August 26.