Opinion
Supreme Court No. SB-09-0087-D
September 22, 2009
Disciplinary Commission Nos. 08-1300.
JUDGMENT AND ORDER
This matter having come before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision, there having been no discretionary or sua sponte review occurring,
IT IS ORDERED, ADJUDGED AND DECREED that RICARDO A. BRACAMONTE a member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of thirty days, effective thirty days from the date of this judgment and order, for conduct in violation of his duties and obligations as a lawyer, as disclosed in the Disciplinary Commission Report.
IT IS FURTHER ORDERED that RICARDO A. BRACAMONTE shall be placed on probation for a period of two years. The terms of probation are as follows:
1. Respondent shall contact the Director of MAP within thirty days of the date of the final Judgment and Order.
2. The MAP Director shall develop written "Terms and Conditions of Probation," the terms of which shall be incorporated herein by this reference.
3. The probation will begin to run from the date of the Judgment and Order, and will conclude two years from the date that all parties have signed the "Terms and Conditions of Probation."
4. Respondent shall be responsible for any costs associated with MAP.
5. Respondent shall refrain from engaging in any conduct that would violate the Rules of professional Conduct or other Rules of the Supreme Court of Arizona.
6. In the event that Respondent fails to comply with any of the foregoing probation terms, and information thereof is received by the State Bar of Arizona, Bar Counsel shall file a Notice of Non-Compliance with the imposing entity, pursuant to Rule 60(a)(5), Ariz.R.Sup.Ct. The imposing entity may refer the matter to a hearing officer to conduct a hearing at the earliest practical date, but in no event later than thirty days after receipt of notice, to determine whether a term of probation has been breached and, if so, to recommend an appropriate sanction. If there is an allegation that Respondent failed to comply with any of the foregoing terms, the State Bar of Arizona bears the burden of proof to prove noncompliance by a preponderance of the evidence.
IT IS FURTHER ORDERED that Respondent shall comply with all the provisions of Rule 72, Rules of the Supreme Court of Arizona, including, but not limited to, Rule 72(a), which requires that Respondent notify all of his clients, within ten days from the date hereof, of his inability to represent them and that he should promptly inform this Court of his compliance with this Order as provided in Rule 72(e).
IT IS FURTHER ORDERED that Respondent shall comply with all rule provisions regarding reinstatement proceedings.
IT IS FURTHER ORDERED that pursuant to Rule 60(b), the State Bar of Arizona is granted judgment against RICARDO A. BRACAMONTE for costs and expenses of these proceedings in the amount of $1,195.00.
DATED this ______ day of ________, 2009.
TO:
Ricardo A. Bracamonte (Certified Mail, Return Receipt and Regular Mail)
Stephen G. Montoya, Respondent's Counsel
David L. Sandweiss, Bar Counsel
Honorable Jonathan H. Schwartz, Hearing Officer 6S
Leticia V. D'Amore, Disciplinary Clerk
Sandra Montoya, Lawyer Regulation Records Manager, State Bar of Arizona
Molly Dwyer, Clerk, United States Court of Appeals for the Ninth Circuit, Attn: Don Lewis
Richard Weare, Clerk, United States District Court, District of Arizona, Attn: Beth Stephenson
West Publishing Company (Jode Ottman)
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