IN RE: JOHN DAVID MATHENY, II, ATTORNEY

Justia Dockets & Filings Fourth Circuit North Carolina Middle District IN RE: JOHN DAVID MATHENY, II, ATTORNEY

IN RE: JOHN DAVID MATHENY, II, ATTORNEY

Case Number:	1:2022mc00031
Filed:	March 24, 2023
Court:	US District Court for the Middle District of North Carolina
Office:	NCMD Office
Nature of Suit:	Other
Cause of Action:	no cause specified

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Date Filed	Document Text
March 24, 2023	Filing 9 MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 3/24/2023; that: 1. John David Matheny, II, is SANCTIONED for violating Local Rule 83.1(d)(2) and North Carolina Rules of Professional Conduct 1.1, 1 .3, 1.4, 2.1, 3.1, 3.2, 3.5, and 8.4. 2. Mr. Matheny SHALL NOT appear in this district as counsel of record under Local Rule 83.1(d), SHALL NOT initiate any lawsuits in this district, and SHALL NOT enter an appearance on behalf of a litigant sued in this district. These prohibitions SHALL terminate five years from today if Mr. Matheny participates in ten hours of continuing legal education, beyond those hours required to maintain his law license, every calendar year for five years and files a de claration under oath showing compliance no later than February 1 of each year, covering the previous calendar year, the first being due February 1, 2024. If he does not comply with these requirements, his membership in the bar of the Middle District of North Carolina SHALL be terminated and revoked. 3. If Mr. Matheny wishes to continue to represent the clients he currently represents in cases pending in this district and to represent any other litigants whose cases might be removed to this distr ict by others during the next five years, he SHALL: a. Complete at least six hours of ethics education directed specifically at dealing with clients who want or demand that an attorney go farther than his professional responsibilities allow and manag ing zealous representation of clients with other professional responsibilities; b. File a detailed affidavit of compliance no later than 90 days from the entry of this Order, providing details of the education program(s); and c. For each and every mo tion, brief, pleading, or similar document Mr. Matheny files in this district for the next three years, include a declaration under oath that he has read the document, that he has provided citations to the evidence and legal authority, and that he is personally responsible for its contents. 4. For each and every motion, brief, pleading, or similar document Mr. Matheny files in the Williams case, No. 19-CV-1076, he SHALL include a declaration under oath that he wrote the document personally and t hat Steven W. Shaw was not involved in its preparation. 5. Failure to comply with all requirements in this Order, including all reporting requirements, SHALL result in termination of Mr. Matheny's privilege to practice law in this district and revocation of his membership of the bar of the Middle District of North Carolina. 6. Mr. Matheny SHALL report this discipline in any applications to practice law before any federal or state courts. 7. The Clerk SHALL send a copy of this Order to the North Carolina State Bar. (Hicks, Samantha)

Date Filed

Document Text

March 24, 2023

Filing 9 MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 3/24/2023; that: 1. John David Matheny, II, is SANCTIONED for violating Local Rule 83.1(d)(2) and North Carolina Rules of Professional Conduct 1.1, 1 .3, 1.4, 2.1, 3.1, 3.2, 3.5, and 8.4. 2. Mr. Matheny SHALL NOT appear in this district as counsel of record under Local Rule 83.1(d), SHALL NOT initiate any lawsuits in this district, and SHALL NOT enter an appearance on behalf of a litigant sued in this district. These prohibitions SHALL terminate five years from today if Mr. Matheny participates in ten hours of continuing legal education, beyond those hours required to maintain his law license, every calendar year for five years and files a de claration under oath showing compliance no later than February 1 of each year, covering the previous calendar year, the first being due February 1, 2024. If he does not comply with these requirements, his membership in the bar of the Middle District of North Carolina SHALL be terminated and revoked. 3. If Mr. Matheny wishes to continue to represent the clients he currently represents in cases pending in this district and to represent any other litigants whose cases might be removed to this distr ict by others during the next five years, he SHALL: a. Complete at least six hours of ethics education directed specifically at dealing with clients who want or demand that an attorney go farther than his professional responsibilities allow and manag ing zealous representation of clients with other professional responsibilities; b. File a detailed affidavit of compliance no later than 90 days from the entry of this Order, providing details of the education program(s); and c. For each and every mo tion, brief, pleading, or similar document Mr. Matheny files in this district for the next three years, include a declaration under oath that he has read the document, that he has provided citations to the evidence and legal authority, and that he is personally responsible for its contents. 4. For each and every motion, brief, pleading, or similar document Mr. Matheny files in the Williams case, No. 19-CV-1076, he SHALL include a declaration under oath that he wrote the document personally and t hat Steven W. Shaw was not involved in its preparation. 5. Failure to comply with all requirements in this Order, including all reporting requirements, SHALL result in termination of Mr. Matheny's privilege to practice law in this district and revocation of his membership of the bar of the Middle District of North Carolina. 6. Mr. Matheny SHALL report this discipline in any applications to practice law before any federal or state courts. 7. The Clerk SHALL send a copy of this Order to the North Carolina State Bar. (Hicks, Samantha)

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