Attorney Grievance Comm. for the First Judicial Dep't v. Martir (In re Martir), M–6909
Citation | 180 A.D.3d 67,116 N.Y.S.3d 280 |
Decision Date | 26 December 2019 |
Docket Number | M–6909 |
Parties | In the MATTER OF Carlos A. MARTIR, Jr., (admitted as Carlos Alberto Martir, Jr.), an attorney and counselor-at-law: Attorney Grievance Committee for the First Judicial Department, Petitioner, v. Carlos A. MARTIR, Jr., Respondent. |
Court | New York Supreme Court Appellate Division |
180 A.D.3d 67
116 N.Y.S.3d 280
In the MATTER OF Carlos A. MARTIR, Jr., (admitted as Carlos Alberto Martir, Jr.), an attorney and counselor-at-law: Attorney Grievance Committee for the First Judicial Department, Petitioner,
v.
Carlos A. MARTIR, Jr., Respondent.
M–6909
Supreme Court, Appellate Division, First Department, New York.
December 26, 2019
Jorge Dopico, Chief Attorney, Attorney Grievance Committee, New York (Raymond Vallejo, of counsel), for petitioner.
Deborah A. Scalise, Esq., for respondent.
Anil C. Singh, Justices.
PER CURIAM
Respondent Carlos A. Martir, Jr., was admitted to the practice of law in the State of New York by the First Judicial Department on July 7, 1980, under the name Carlos Alberto Martir, Jr. At all times relevant to this proceeding, respondent has maintained an office for the practice of law within the First Department.
By order dated March 3, 2016, the Disciplinary Board of the Supreme Court of Pennsylvania publicly reprimanded respondent for his repeated failure to appear before the court in a criminal matter in accordance with its scheduling orders. Respondent was found in contempt and fined $1,500.
The Attorney Grievance Committee (Committee) of the First Department now seeks an order pursuant to Judiciary Law § 90(2) and the Rules for Attorney Disciplinary Matters ( 22 NYCRR) § 1240.13 and the doctrine of reciprocal discipline on the basis of the discipline imposed by the Disciplinary Review Board of the Supreme Court of Pennsylvania. The Committee seeks the imposition of a public censure. Respondent does not oppose the imposition of reciprocal discipline, but requests, in the alternative, private discipline in the manner of an admonition.
Respondent does not dispute that he failed to appear in a Pennsylvania criminal proceeding for jury selection on July 1, 2014, which resulted in the court's order directing him to appear on July 23, 2014 for a contempt hearing, at which he also failed to appear. The...
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...for which the attorney was disciplined in the foreign jurisdiction does not constitute misconduct in this state ( Matter of Martir, 180 A.D.3d 67, 116 N.Y.S.3d 280 [1st Dept. 2019] ).Respondent argues that the defenses under 1240.13(b)(1) and (3) apply herein, and claims, among other things......
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