U.S. Court of Appeals for the Second Circuit
Failure to Monitor Files — Discipline
In re DeMarco
Judges Cabranes, Sack and Wesley
Background: The attorney petitioner sought review of a Committee on Admissions and Grievances recommendation that he be disciplined. The committee found that the attorney had in two companion cases failed to timely file petitions for review and submitted deficient briefs, which did not address an issue that the court had instructed the attorney to address. Further, the attorney had failed to provide the court with timely filed briefs and “Form C/A” in over 10 cases. He argued that his defaults and violations of court orders were caused by his employees, who failed to timely pass along mail or notify him of deadlines.
Ruling: The Court of Appeals Committee on Admissions and Grievances recommended that the attorney be disciplined. The court found that the attorney’s testimony regarding his defaults and violations changed between proceedings. He also suggested that he was partially responsible for the failure to competently address his client’s cases. Further, the Court of Appeals found that he was directly responsible for ensuring that his cases were proceeding in due course, even if his employees or the court failed to inform him of deadlines.
Mario DeMarco, pro se