IN RE MARTINEZ, 1987-NMSC-001, 105 N.M.
246, 731 P.2d 942 (S. Ct. 1987)
In the Matter of ESTEBAN A. MARTINEZ, An
Attorney Admitted
to Practice Before the Courts of the State of New
Mexico
SUPREME COURT OF NEW MEXICO
1987-NMSC-001, 105 N.M. 246, 731 P.2d 942
{1} This matter came before
this Court on December 17, 1986, after an evidentiary hearing on an Order to
Show Cause why the probation of attorney Esteban A. Martinez should not be
revoked and the deferred sanction of suspension imposed. The Court has reviewed
the transcripts and exhibits from that hearing and has heard the arguments of
counsel. We adopt the findings and conclusions of the hearing officer and, with
slight modification, his recommendation that the probation of Martinez be
revoked and suspension imposed.
{2} The evidence in the
record shows that Martinez has failed to fully cooperate with his supervisor
and to comply with other provisions of this Court's previous order of
probation. While there has been no showing that Martinez's failure to abide by
the conditions of his probation was in any way malicious or fraudulent, his
failure to fulfill his obligations as an attorney on probation gives us no
choice but to revoke the probation at this time.
{3} IT IS THEREFORE ORDERED
that the probation of Esteban A. Martinez is revoked and that he is suspended
form the practice of law for a period of six (6) months pursuant to NMSA 1978,
Rules Governing Discipline, Rule 11(a)(2) (Repl. Pamp. 1985) commencing on
December 17, 1986. He will not be readmitted until June 17, 1987, and then only
upon a showing that all restitution and costs assessed against him in
connection with this hearing and his previous hearing have been paid.
{4} IT IS FURTHER ORDERED
that upon readmission Martinez will be supervised for an additional period of
six (6) months by a licensed attorney from Las Vegas, New Mexico, to be
appointed at that time by the Honorable Leon Karelitz, District Judge for the
Eight Judicial District. Martinez shall comply with all directions of that
supervisor or be subject to an additional six (6) months period of suspension.
{5} IT IS FURTHER ORDERED
that Martinez shall file with this Court on or before January 31, 1987,
evidence of his compliance with all of the requirements of NMSA 1978, Rules
Governing Discipline, Rule 17 (Repl. Pamp. 1985).
{6} IT IS FURTHER ORDERED
that the Clerk of the Supreme Court strike the name of Esteban A. Martinez from
the roll of those persons permitted to practice law in New Mexico and that this
Order be published in the State Bar of New Mexico
News and Views and in
the
New Mexico Reports.
{7} Costs of this proceeding
in the amount of $458.90 are hereby assessed against Martinez, and this amount
(as well as the $394.09 previously assessed) shall be paid by him to the
Disciplinary Board on or before June 17, 1987, if he wishes to be readmitted to
the practice of law at that time.
COST BILL
---------
Simon S. Romero, Jr. Attempted Service of
Order to Show Cause
on Martinez $5.00
U.S. Postal Service Certified mailing of
Order to Show Cause
of Martinez 3.06
Patrick Casey, Esq. Witness fee 65.00
Manuel M. Chavez Witness fee and
mileage reimbursement 93.16
Patricia Tiernam Witness fee and
mileage reimbursement 106.36
Ofelia Montoya Witness fee and
mileage reimbursement 93.16
------
TOTAL 458.90