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FLORIDA RECORD

Thursday, April 18, 2024

Ruskin attorney publicly reprimanded over delay in responding to subpoena

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TALLAHASSEE (Florida Record) — Ruskin attorney Jesus Elizarraras has been publicly reprimanded following a May 1 Florida Supreme Court after being found in contempt during The Florida Bar's grievance committees investigation into his case, according to a recent announcement by the state bar.

"Elizarraras was found in contempt for failing to comply with a grievance committee subpoena in a timely manner," the state bar said in its June 29 announcement of the discipline and the Supreme Court's order. "On two occasions he requested additional time to produce documents. Elizarraras was granted the extensions but failed to produce the documents by the specified dates."

Elizarraras says he has since complied with the grievance committee's subpoena, "albeit not in a timely manner," the state Supreme Court said in its two-page order. "The court takes very seriously every attorney's obligation to completely and timely respond to subpoenas from the grievance committee. Therefore, because [Elizarraras] did not respond to the subpoena in a timely manner, Jesus Elizarraras is hereby held in contempt and is hereby publicly reprimanded."

In Florida court orders are not final until time to file a rehearing motion expires. Filing such a motion would not have altered the effective date of Elizarraras's reprimand.

Elizarraras was admitted to the bar in Florida on Sept. 26, 2008, according to his profile at the state bar website. No prior discipline before the state bar is listed on his bar profile.

In its petition for contempt and order to show cause, the state bar said Elizarraras was served with the grievance committee subpoena for trust account records in September 2017 but the attorney did not respond to the subpoena by Oct. 13. About a month later, Elizarraras did respond, "asserting that an accountant was reviewing the records and requesting a final opportunity to produce the records," to which the grievance committee agreed and an extention was granted until Dec. 7, 2017, the formal complaint said.

Elizarraras missed that deadline and on Dec. 15 asked for another "stating that he was still awaiting receipt of documents from his accountant," the formal complaint said.

On Jan. 18, 2018, the grievance committee found Elizarraras in contempt for failure to comply with the subpoena and the state bar filed its formal complaint the following month.

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