Opinion
Supreme Court Case No. 20S-DI-312
02-24-2022
In the MATTER OF: Patricia L. RIOS, Respondent
Published Order Revoking Probation and Imposing Suspension
On April 19, 2021, this Court entered an order suspending Respondent from the practice of law for a period of 90 days, with 30 days actively served and the remainder stayed subject to completion of at least 545 days of probation. The parties’ conditional agreement, and our order accepting that agreement, required as a condition of probation that Respondent not violate the Rules of Professional Conduct during her probation and provided that if Respondent did commit a violation, her stayed suspension shall be actively served without automatic reinstatement.
On January 14, 2022, the Commission filed a verified motion to revoke Respondent's probation, asserting Respondent committed the unauthorized practice of law, in violation of Professional Conduct Rule 5.5(a), by filing four appearances with the United States Citizenship and Immigration Services agency while under an order of reciprocal suspension imposed by the United States Board of Immigration Appeals. Respondent, by counsel, has filed a verified supplemental response in which she asserts that she signed three of the appearances before she became aware of the reciprocal suspension order, but admits that she signed the fourth appearance after she learned of the order and that her assistant mailed all four appearances for filing after Respondent learned of the order. Accordingly, the Court finds Respondent has violated the terms of her probation.
Being duly advised, the Court GRANTS the Commission's motion and revokes Respondent's probation. Respondent shall be suspended from the practice of law for a period of not less than 60 days, without automatic reinstatement, beginning April 7, 2022. Respondent shall not undertake any new legal matters between service of this order and the effective date of the suspension, and Respondent shall fulfill all the duties of a suspended attorney under Admission and Discipline Rule 23(26). At the conclusion of the minimum period of suspension, Respondent may petition this Court for reinstatement to the practice of law in this state, provided Respondent pays the costs of this proceeding, fulfills the duties of a suspended attorney, and satisfies the requirements for reinstatement of Admission and Discipline Rule 23(18). Reinstatement is discretionary and requires clear and convincing evidence of the attorney's remorse, rehabilitation, and fitness to practice law.
The costs of this proceeding are assessed against Respondent.
All Justices concur.