This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The case involves disciplinary proceedings against an attorney licensed in New Mexico who committed multiple violations of the Rules of Professional Conduct. The attorney failed to comply with conditions of a deferred suspension from a prior disciplinary case, engaged in unauthorized practice of law while suspended, made false statements to courts, and demonstrated a pattern of misconduct, including dishonesty, lack of diligence, and disrespect for the legal system (paras 1-2, 7, 9, 17).
Procedural History
- In Re Neal, 2001-NMSC-007, 20 P.3d 121: The attorney was previously disciplined for failing to provide competent representation in a murder appeal. A two-year suspension was deferred in favor of probation with conditions, including alcohol treatment, drug testing, and supervision (para 3).
- May 2002: The New Mexico Supreme Court revoked the deferral of the attorney's suspension for 90 days due to non-compliance with probation conditions, including missed drug tests and failure to participate in alcohol treatment (para 4).
- August 2002: The attorney's suspension was extended after further misconduct and failure to comply with probation conditions (para 5).
Parties' Submissions
- Disciplinary Counsel: Argued that the attorney violated numerous rules of professional conduct, including unauthorized practice of law, dishonesty, and failure to cooperate with disciplinary proceedings. They recommended disbarment (paras 6-9, 30).
- Respondent (Attorney): Asserted that his actions were influenced by personal issues, including attention deficit disorder, and sought leniency. He also invoked the Soldiers' and Sailors' Civil Relief Act to delay proceedings due to active military duty (paras 4, 26).
Legal Issues
- Did the attorney violate the Rules of Professional Conduct through unauthorized practice of law, dishonesty, and other misconduct?
- Should the attorney be disbarred for repeated violations of professional and disciplinary rules?
- Does the Soldiers' and Sailors' Civil Relief Act apply to stay the disciplinary proceedings?
Disposition
- The attorney was disbarred from the practice of law in New Mexico for a minimum of three years (para 31).
- The attorney was ordered to comply with specific conditions, including payment of costs and responding to pending disciplinary complaints, before applying for reinstatement (paras 32-34).
Reasons
Per curiam (Chief Justice Petra Jimenez Maes, Justice Pamela B. Minzner, Justice Patricio M. Serna, Justice Richard C. Bosson, and Justice Edward L. Chavez):
The Court found that the attorney's repeated violations of the Rules of Professional Conduct, including unauthorized practice of law, dishonesty, and failure to cooperate with disciplinary proceedings, demonstrated a lack of respect for the legal system and unfitness to practice law (paras 2, 9, 17). The attorney's conduct disrupted court proceedings, burdened other participants, and reflected a disregard for professional responsibilities (paras 10-14, 17).
The Court rejected the attorney's invocation of the Soldiers' and Sailors' Civil Relief Act, noting that his military service did not materially affect his ability to defend against the charges, as the violations occurred before his deployment (paras 26-29). The Court emphasized that the attorney's pattern of misconduct, including false statements and failure to comply with probation conditions, warranted disbarment to protect the public and maintain the integrity of the legal profession (paras 17, 30).