On Wednesday, October 2, 2024, the Presiding Disciplinary Judge of the Supreme Court of Arizona suspended attorney Richard M. Martinez for two years after he failed to properly conclude a client’s settlement and did not cooperate with the State Bar’s investigation.

The case is entitled “In the Matter of Richard M. Martinez,” with case no. PDJ 2024-9065.

The suspension stems from Martinez’s representation of client Michael Radmacher in a federal employment discrimination lawsuit against the U.S. Postmaster General. According to the Decision and Order Imposing Sanctions issued on September 17, 2024, Martinez and opposing counsel informed the court in June and August 2023 that a $5,000 settlement had been reached to be paid directly to Radmacher. However, Martinez failed to get Radmacher’s signature on the agreement and did not respond to his client or opposing counsel’s requests for updates.

As a result, the court dismissed the case with prejudice in October 2023 without Radmacher’s knowledge that it had settled. The State Bar sent Martinez letters of investigation on February 23rd and April 23rd, 2024 regarding the matter, but he did not respond.

In its September decision, the hearing panel found Martinez violated Arizona ethics rules regarding competence, communication with clients, diligence, fairness to opposing parties and counsel, and cooperation with the State Bar’s investigation.

The hearing panel imposed a two-year suspension due to six aggravating factors in Martinez’s disciplinary history, including prior suspensions in 2023, 2015, 2007, 2005, and 2003 as well as reprimands in 1991. Martinez was also ordered to pay $5,000 in restitution to Radmacher within 30 days and $2036.87 to pay the costs and expenses of the State Bar of Arizona.

The Final Judgment and Order from the Presiding Disciplinary Judge, issued on October 2, 2024, formally enacted the suspension.

The Disposition states:

“IT IS THEREFORE ORDERED that RICHARD M. MARTINEZ, Bar No. 007763, is suspended for two years, effective September 17, 2024, for his conduct in violation of the Arizona Rules of Professional Conduct and Rules of the Supreme Court of Arizona.”

According to avvo.com, Mr. Martinez is a criminal defense attorney in Tucson, Arizona. 

A copy of the original filing can be found here.