IN THE MATTER OF THOMAS C. ESQUIBEL An
Attorney Suspended
from Practice Before the Courts of the State of New
Mexico.
SUPREME COURT OF NEW MEXICO
Timothy M. Padilla, Esq., Albuquerque,
N.M., for Respondent
RANSOM, BACA, MONTGOMERY, FRANCHINI, FROST
{1} This matter is before the
court following disciplinary proceedings conducted pursuant to the Rules
Governing Discipline, SCRA 1986, 17-101 to -316 (Repl. Pamp. 1991), in which
attorney Thomas C. Esquibel, in accordance with an agreement for discipline by
consent, admitted to various violations of the Rules of Professional Conduct,
SCRA 1986, 16-101 to - 805 (Repl. Pamp. 1991). Pursuant to Rule
17-211(B)(1)(a), we adopt the Disciplinary Board's recommendation that the
conditional agreement and consent to discipline be accepted and that Esquibel
be disbarred pursuant to Rule 17-206(A)(1).
{2} On September 17, 1991,
Esquibel was convicted by way of a guilty plea in the District Court for the
Thirteenth Judicial District of the State of New Mexico, of the crime of
Demanding or Receiving Bribe by Public Officer or Public Employee, a felony
offense in violation of NMSA 1978, Section
30-24-2 (Repl. Pamp. 1984). On the
basis of the conviction, this court summarily suspended Esquibel from the
practice of law on October 9, 1991, pursuant to SCRA 1986, 17-207(A)(1) and
remanded the matter to the Disciplinary Board for further proceedings.
{3} Formal disciplinary
proceedings were initiated by the filing of formal charges against Esquibel on
October 21, 1991, alleging
{*25} (on the
basis of Esquibel's felony conviction) violations of Rules 16-804(B)(C)(D)(F)
and (H) of the Rules of Professional Conduct. In the Agreement Not to Contest
and Consent to Discipline filed on November 19, 1991, Esquibel agreed that his
conduct was violative of Rules 16-804(B)(D) and (H) and that the sanction of
disbarment was appropriate under the circumstances.
{4} IT IS THEREFORE ORDERED
that Thomas C. Esquibel be and hereby is disbarred from the practice of law
pursuant to SCRA 1986, 17-206(A)(1).
{5} IT IS FURTHER ORDERED
that Esquibel may file a motion for permission to apply for reinstatement,
pursuant to SCRA 1986, 17-214(A), three years from the date of his original
summary suspension, provided that he has been fully released from probation as
having successfully fulfilled all requirements of the Department of Corrections
in connection with the sentence imposed upon him as the result of his felony
conviction.
{6} IT IS FURTHER ORDERED
that Esquibel's compliance with Rules 17-212 and 17-213 will not be required at
this time in view of his having filed the appropriate documents at the time of
his original suspension.
{7} IT IS FURTHER ORDERED
that this opinion be published in the State Bar of New Mexico
Bar Bulletin
and the
New Mexico Reports.
{8} No costs were incurred in
this action.
RICHARD E. RANSOM, Chief Justice
SETH D. MONTGOMERY, Justice
GENE E. FRANCHINI, Justice
STANLEY F. FROST, Justice