On Wednesday, August 16, 2023, the Director of the Office of Lawyers Professional Responsibility filed a petition seeking reciprocal discipline against attorney Madsen Marcellus Jr., before the State of Minnesota Supreme Court. This is in relation to Marcellus Jr.’s misconduct involving non-compliance with court orders and involvement in fraudulent activities.

The case is entitled “In the Matter of Madsen Marcellus Jr.”

The petition outlines a complex web of allegations involving two separate disciplinary proceedings in Florida. Marcellus Jr.’s failure to disclose these proceedings to the Office of Lawyers Professional Responsibility has triggered a cascade of legal consequences.

The first Florida case, referred to as “Marcellus I,” dates back to September 2016. Marcellus Jr. faced public discipline proceedings but neglected to inform Minnesota authorities, a violation of Rule 12(d), RLPR. Subsequently, Marcellus Jr. encountered a more severe setback in April 2018 when the Florida Supreme Court suspended Marcellus Jr. for 18 months. This suspension resulted from a pattern of misconduct during a personal marital dissolution proceeding, including non-compliance with court orders and involvement in fraudulent activities.

Marcellus Jr.’s troubles persisted in April 2021 with the commencement of “Marcellus II,” a second public disciplinary proceeding in Florida. The Florida Supreme Court disbarred Marcellus Jr. in September 2022 for willfully failing to meet court-ordered child support obligations. The court characterized Marcellus Jr.’s behavior as evasive and deliberately misleading, leading to a stunning disbarment decision.

Compounding matters, Marcellus Jr. did not disclose “Marcellus II” to Minnesota authorities, another violation of Rule 12(d), RLPR. The petition seeks reciprocal discipline based on established misconduct in these proceedings, invoking Rule 12(d)’s provision that a final adjudication of misconduct in another jurisdiction conclusively establishes the same misconduct for Minnesota disciplinary proceedings.

Based on these events, the Director requested an order from the court directing Marcellus Jr. and the Director to file memoranda with the court addressing whether either or both believe that the imposition of identical discipline by the Minnesota Supreme Court would be unwarranted

The request states:

“WHEREFORE, the Director respectfully prays for an order of this Court directing that respondent and the Director file memoranda with the Court within thirty days of that order addressing whether either or both believe the imposition of identical discipline by the Minnesota Supreme Court would be unwarranted and the reasons for that claim.”

According to Avvo, Mr. Marcellus Jr. is a criminal defense attorney in North Miami Beach, Florida. He attended the University of Florida, Fredric G. Levin College of Law.

A copy of the original filing can be found here.