On Wednesday, November 20, 2024, the Supreme Court of Minnesota disbarred attorney Madsen Marcellus, Jr., following a petition from the Director of the Office of Lawyers Professional Responsibility. Marcellus, who was licensed to practice law in both Florida and Minnesota, faced reciprocal discipline due to serious misconduct that occurred in Florida, which included fraudulent activities related to a mortgage application and failure to comply with court orders.
The case is entitled “In the Matter of Madsen Marcellus, Jr.,” with case no. A23-1218.
The court’s decision stemmed from Marcellus’s disciplinary history in Florida, where he was first suspended for 18 months in June 2018 and subsequently disbarred in September 2022. His Florida Supreme Court disbarment was primarily due to his involvement in a fraudulent mortgage application that violated court orders during his marital dissolution proceedings. The court found that Marcellus had failed to inform the court about the fraudulent nature of the application, willfully defied multiple court orders, and neglected to pay court-ordered fees and child support over several years.
Marcellus was admitted to the Florida Bar in 2003 and began practicing law in Minnesota in 2005. His Minnesota law license fell into a non-compliant status in 2009 due to his failure to meet continuing legal education requirements and pay annual registration fees. Despite these issues, he returned to active status in Minnesota in October 2020 after resolving his educational and registration problems.
The Supreme Court of Minnesota ruled that Marcellus was subject to reciprocal discipline under Rule 12(d) of the Rules on Lawyers Professional Responsibility, which allows for discipline in Minnesota based on actions taken in another jurisdiction. The court determined that disbarment was appropriate due to the severity of Marcellus’s misconduct, which included fraud and contempt of court.
During the proceedings, it was revealed that Marcellus had participated in a loan modification process without his ex-wife’s consent. He allowed a notary to falsify her signature, which he submitted to the bank, leading to foreclosure proceedings against her. Marcellus’s actions included ignoring court orders related to the mortgage and child support, resulting in significant financial repercussions for his former spouse.
In 2016, disciplinary proceedings were initiated against Marcellus in Florida, where a referee concluded that he had violated numerous professional conduct rules. The referee recommended a 12-month suspension, but the Florida Supreme Court opted for an 18-month suspension instead. After serving this suspension, Marcellus did not seek reinstatement and continued to accrue child support arrearages, which eventually exceeded $30,000.
Upon the Director of the Office of Lawyers Professional Responsibility learning of Marcellus’s disbarment in Florida, a petition was filed in Minnesota for reciprocal discipline. Marcellus contested the petition, arguing that he was not a licensed attorney in Minnesota when the majority of his misconduct occurred. However, the court ruled that because Marcellus was actively practicing law in Minnesota at the time the Director filed the petition, the reciprocal discipline applied.
The court noted that the misconduct was cumulative and that Marcellus’s failure to report his Florida disciplinary issues to the Minnesota authorities further compounded his violations. The justices concluded that disbarment was not only justified but necessary to protect the integrity of the legal profession and the public.
The Disposition states:
“We hold that reciprocal discipline is appropriate. We order that Madsen Marcellus, Jr., is disbarred from the practice of law in the State of Minnesota, effective upon the date of this opinion. Marcellus must comply with Rule 26, RLPR (requiring notice to clients, opposing counsel, and tribunals), and must pay to the Director the sum of $900 in costs and disbursements pursuant to Rule 24, RLPR.”
According to avvo.com, Mr. Marcellus Jr. was a criminal defense attorney in North Miami Beach, Florida. He attended the University of Florida, Fredric G. Levin College of Law. He acquired his law license in Minnesota in 2005.
A copy of the original filing can be found here.
