IN RE LOPEZ, 1994-NMSC-003, 116 N.M. 699,
866 P.2d 1166 (S. Ct. 1994)
In the Matter of Tony LOPEZ, Jr., An
Attorney Admitted to
Practice Before the Courts of the State of New Mexico
SUPREME COURT OF NEW MEXICO
1994-NMSC-003, 116 N.M. 699, 866 P.2d 1166
January 06, 1994, Decided
David A. Baca, Deputy Disciplinary
Counsel, Albuquerque, for Disciplinary Bd.
Ransom, Baca, Montgomery, Franchini, Frost
{*699} DISCIPLINARY
PROCEEDING
{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 Tony Lopez, Jr., 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 agreement not to contest
and consent to discipline be accepted and that Lopez be disbarred pursuant to
Rule 17-206(A)(1).
{2} On November 16, 1992, in
the District Court for the Eighth Judicial District of the State of New Mexico,
Lopez was convicted by way of a guilty plea of the crime of embezzlement over $
2,500, a third degree felony in violation of NMSA 1978, Section
30-16-8. Formal
disciplinary proceedings were initiated by the filing of formal charges
{*700} against Lopez on February 8, 1993,
alleging (on the basis of Lopez' felony conviction) violations of Rules
16-804(B), (C), (D), and (H) of the Rules of Professional Conduct. In the
agreement not to contest and consent to discipline, Lopez agreed that his
conduct was violative of the aforementioned Rules of Professional Conduct, and
that the sanction of disbarment was appropriate under the circumstances.
{3} IT IS THEREFORE ORDERED
that Tony Lopez, Jr. be and hereby is disbarred from the practice of law
pursuant to SCRA 1986, 17-206(A)(1).
{4} IT IS FURTHER ORDERED
that Lopez may file a motion for permission to apply for reinstatement pursuant
to SCRA 1986, 17-214(A) three years from the date of his disbarment 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 a result of his felony conviction.
{5} IT IS FURTHER ORDERED
that nothing in the agreement for discipline by consent is intended to bind
this Court with respect to its future ruling on any such motion for
reinstatement at whatever time it may be filed by the respondent.
{6} IT IS FURTHER ORDERED
that, should this Court enter an order permitting the filing of an application
for reinstatement, it will be Lopez' burden to demonstrate by clear and
convincing evidence that he has the moral qualifications, that he is once again
fit to resume the practice of law, and that the resumption of his practice of
law will not be detrimental to the integrity and standing of the bar, the
administration of justice, or the public interest.
{7} IT IS FURTHER ORDERED
that this opinion be published in the
Bar Bulletin and
New Mexico
Reports.
{8} IT IS FURTHER ORDERED
that Lopez shall pay $ 73.30 in costs incurred in this disciplinary action.