Florida Bar v. Martinez, Case No. SC00-2221 (Fla. 6/9/2006), Case No. SC00-2221.

CourtUnited States State Supreme Court of Florida
PartiesTHE FLORIDA BAR, Complainant(s) v. RICHARD IGNACIO MARTINEZ, Respondent(s).
Decision Date09 June 2006
Docket NumberCase No. SC00-2221.

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THE FLORIDA BAR, Complainant(s)
Case No. SC00-2221.
Supreme Court of Florida.
June 9, 2006.

Lower Tribunal No. 2001-70,438(11D).

Respondent's "Motion for Clarification" filed February 13, 2006, regarding the effective date of his disbarment, is granted. The disbarment imposed by this Court on September 12, 2002, is effective, nunc pro tunc, September 18, 2000.

Richard Ignacio Martinez's "Motion for Leave to File a Reply" is granted.

Upon consideration of his reply and "Emergency Motion for Clarification of the Status of Richard Martinez's Civil Rights and Incorporated Memorandum of Law," it is ordered that the emergency motion for clarification is denied. We direct Martinez to abide by the established admission rules, case law, and the procedures provided in Florida statutes. See In re Fla. Bd. of Bar Examiners, 361 So. 2d 424, 425 (Fla. 1978) (providing that an applicant who is convicted of a federal offense constituting a felony is ineligible for admission to The Florida Bar unless his civil rights are restored by the federal government by whatever procedure applies in the federal system or by the Governor of this State and three members of the cabinet pursuant to Article IV, Section 8, Florida Constitution); Fla. Bar v. Clark, 359 So. 2d 863, 864 (Fla. 1978) (stating that "restoration of civil rights following a felony conviction is a necessary prerequisite to obtaining the privilege of practicing law, whether one be a suspended attorney, a disbarred attorney, or a first-time applicant for admission to the Bar"); Fla. Bar Admiss. R. 2-13.3 (providing that a "person who has been convicted of a felony shall not be eligible to apply until the person's civil rights have been restored"). See also sections 940.05, 944.292, & 944.293, Fla. Stat. (2005).

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