The Florida Bar has found sufficient evidence to refer to the state Supreme Court an ethics complaint against a lawyer with the local state attorney's office, a bar spokeswoman said Thursday.

Susan Bloemendaal, chief branch disciplinary counsel for the Florida Bar in Tampa, said that in March 2006 the bar received a complaint stemming from a letter Don Hartery wrote to a Manatee County judge.

"Last week the Florida Bar's grievance committee found probable cause for further proceedings and will now file a formal complaint with the Supreme Court," Bloemendaal said.

That could happen within the next three months, she said.

Hartery on Feb. 13, 2006, while the misdemeanor chief in Manatee, wrote a two-page letter to County Judge Mark Singer during a case dealing with the production of an intoxilyzer computer software program. Hartery now is the misdemeanor chief in Sarasota and Venice.

The letter raised concern about delays in prosecuting DUI cases, part of a contested legal battle surrounding the machines.

The letter discussed the evidence that the judges would be hearing in the case, according to the complaint, filed by more than 20 area lawyers, including Robert Harrison, Joe Campoli, Cassandra Gorton, Brett McIntosh and Mark Lipinski.

Copies of the letter also were sent to County Judge Doug Henderson, County Judge David Denkin and Earl Varn, then the misdemeanor division chief in Sarasota County. All three were scheduled to hold hearings about the computer program.

Defense lawyers only learned of the letter when Singer, in open court, announced the improper communication from Hartery, according to the complaint.

Attorneys are not allowed to communicate with a judge while their case is pending, said Harrison, a Venice-based attorney.

The DUI intoxilyzer hearing was held in April 2006, and judges ruled in favor of the defense, saying if prosecutors wanted to use the intoxilyzer as evidence at trial, they needed to bring in experts who know how the machines work, Harrison said. An appeal by prosecutors is still pending on that case.

"The entire context of the letter is an attempt to influence and gain the judge's agreement," to hold a hearing at a time that might benefit the state, the complaint against Hartery reads.

Hartery could not be reached for comment Thursday.