Case Caption: In re Suspension of Maxwell McIntosh, Esq., as a Member of the V.I. BarCase Number: S. Ct. Civ. No. 2012-0013, S. Ct. Civ. No. 2012-0025Date: 03/14/2013Author: Per CuriamCitation: Summary:

In bar discipline matters arising from repeated failure of a suspended attorney to comply with numerous court rules and orders, as well as the failure of the Virgin Islands Bar Association to notify the public of his suspension, the attorney is held in civil contempt for failure to comply with court orders that established specific deadlines for certain filings, missing virtually every deadline established, including the deadlines that he himself proposed. In fashioning an appropriate sanction, a $2,000.00 fine is imposed - representing the costs associated with attempting to coerce compliance in hearings and orders - as well as an additional fine of $10 per day accruing from the day after the date of entry of this Opinion until an affidavit that fully complies with Supreme Court Rule 207.5.5(g) is filed. If this daily fine is insufficient to coerce compliance, this Court reserves the right to modify the sanction at a future date, including, if necessary, ordering this attorney's incarceration. However, neither the Bar Association nor its president will be held in civil contempt regarding the publication of notice of this attorney's suspension, since it cannot be concluded that proof of their non-compliance with prior directions is clear and convincing to such an extent as to warrant the severe sanction of civil contempt.

Attachment: Open Document or Opinion