TALLAHASSEE — The Florida Supreme Court suspended North Miami Beach attorney Madsen Marcellus Jr. over allegations arising from his 2010 divorce.
The high court issued the 19-page order on July 19. The Florida Bar announced the decision late last month.
"In the context of his divorce case, Marcellus engaged in a pattern of deliberately disobeying and disregarding orders of the family court," the state bar said. "He also failed to pay his mortgage and the bank filed to suit to foreclose on his home. Marcellus subsequently submitted a mortgage modification application with a forged signature, that he personally witnessed."
The referee assigned to the case recommended Marcellus be found guilty of professional misconduct and suspended for a year. The high court approved the referee's findings of fact and recommendations about Marcellus' guilt but disapproved of the recommended sanction, handing down an 18-month suspension instead.
"His conduct was entirely unbecoming of a lawyer, who is held within a position of trust and respect in our society, and cannot be tolerated," the Florida Supreme Court said in its opinion. "Although Marcellus committed this misconduct as a party to his own divorce, lawyers do not cast aside the oath they take as an attorney or their professional responsibilities just because they are litigants in personal matters."
The Supreme Court also ordered Marcellus to pay almost $3,049 in court costs.
Florida court orders are not final until time to file a rehearing motion expires. Filing such a motion does not alter the effective date of Marcellus's suspension.
Marcellus was admitted to the bar in Florida on Jan 22, 2003, according to his profile at the state bar website. No prior discipline prior to his suspension is listed.
In April, the Supreme Court handed down an order indefinitely suspending Marcellus. In a separate order issued May 15, the Supreme Court granted Marcellus' request and extended the commencement of his suspension date from April 25 to June 16.