TALLAHASSEE — Miami attorney Stephen Gutierrez has been suspended following a Feb. 26 Florida Supreme Court after his trousers pocket erupted in flames in court while representing an arson client, according to a recent announcement by The Florida Bar.
"During closing arguments, smoke came out of Gutierrez's pocket, which disrupted proceedings," the state bar said in its March 19 announcement of the discipline and the Supreme Court's order. "Gutierrez said an e-cigarette battery spontaneously combusting in his pocket."
A subsequent investigation "was inconclusive" but the sudden combustion wasn't the only trouble Gutierrez was in, the announcement said.
"While the arson matter was pending, Gutierrez also filed suit in a related civil matter for the same client who pleaded guilty to the arson charge, admitting he set fire to a vehicle," the announcement said. "Thereafter, Gutierrez subsequently filed an amended complaint in the civil case claiming the damage was caused by a vehicle collision."
Gutierrez's 91-day suspension was effective 30 days from the date of the Supreme Court's order, according to the announcement.
Gutierrez's suspension will be followed by two years of conditional probation, according to the consent judgment reached between Gutierrez and the state bar. The consent judgment also includes Gutierrez's unconditional guilty plea.
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 Gutierrez's suspension.
Gutierrez was admitted to the bar in Florida on September 2015 and he had no prior history of discipline, according to the consent judgment.
The blaze in Gutierrez's pants pocket began as he was delivering his closing arguments on behalf of his client in a Miami-Dade County Circuit courtroom in March 2017, according to the consent judgment.
"Upon [Gutierrez]'s return to the courtroom and questioning by the court, [Gutierrez] claimed that a battery used to charge phones and e-cigarettes broke in his pocket," the consent judgment said. "He denied engaging in a stunt, asserting the combustion was a coincidence."
Gutierrez resumed his closing argument and the jury found his client guilty of second-degree arson.
Two days later, his client requested new counsel, which was granted.