Case Caption: In re Rafael Gonzalez, Timothy Ernest v. Kenneth Morris, et al.Case Number: S. Ct. BA. No. 2013-0036 and S. Ct. Civ. No. 2013-0065Date: 09/30/2013Author: Per CuriamCitation: Summary:

In relation to an application to admit an attorney pro hac vice, the prior order granting such admission is revoked, and the matter is referred to the appropriate authorities. After the entry of the order granting pro hac vice admission, explicitly conditioned “upon execution of the Oath with the Clerk of the Court,” the attorney filed a notice of appearance, and appeared as counsel in the matter at status conferences and in motion practice, but never executed the Oath. His pro hac vice admission therefore has never become effective. While this Court may, in appropriate cases, refer such matters to the Ethics and Grievance Committee, the Committee of Bar Examiners, or the Unauthorized Practice of Law Committee, issues relating to whether pro hac vice admission should be granted, denied, or revoked are ordinarily resolved by this Court in the first instance when the underlying facts are undisputed and this Court need only consider a pure question of law. On the present facts, more than sufficient reason exists to vacate the July 15, 2013 Order in S. Ct. BA. No. 2013-0036, and deny the petition to admit this attorney pro hac vice. However, since the underlying conduct may potentially warrant action other than the denial of his pro hac vice admission, this matter is referred to the Virgin Islands Attorney General, the Unauthorized Practice of Law Committee, and the Office of Disciplinary Counsel for the purpose of taking any additional action which they may deem appropriate.

Attachment: Open Document or Opinion