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Order of Suspension of Attorney Martin G. McCarthy Florida Bar 149896

S.D. Fla. Standing Order — Order of Suspension of Attorney Martin G. McCarthy Florida B

Case 1:25-mc-25227 Document 12 Entered on FLSD Docket 07/22/2026 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 25-MC-25227 ADMINISTRATIVE ORDER 2026-58 IN RE: MARTIN G. MCCARTHY tah FLORIDA BAR # 149896 _______________________________/ Jul 22, 2026 ORDER WPB On August 25, 2025, the Court referred Martin G. McCarthy to the Ad Hoc Committee on Attorney Admissions, Peer Review, and Attorney Grievance for the U.S. District Court for the Southern District of Florida (“Committee”) for investigation of certain actions he took as counsel in Dogwood State Bank v. Manal S. Moussa-Oliver and Michael W. Oliver, No. 23-cv-22539 (S.D. Fla. 2025). (See Nov. 10, 2025 Order [ECF No. 1] 16).1 On January 28, 2026, the Committee issued a Final Report and Recommendation [ECF No. 5], and the Court gave Mr. McCarthy a chance to respond (see generally Jan. 29, 2026 Order [ECF No. 6]). On February 17, 2026, the Court entered Administrative Order 2026-10 [ECF No. 7], adopting the Committee’s Final Report and Recommendation “in full.” (Id. 2). The Court’s Administrative Order required Mr. McCarthy to (1) self-report to the Committee any instance in which a court issues an order pertaining to his non-compliance with a court order, court rule, or missed court deadline for a period of six months; (2) register and complete a CLE course on case/law office management; (3) send written letters of apology to U.S. District Judge Beth Bloom and U.S. Magistrate Judge Edwin G. Torres; and (4) appear for an in- person private reprimand before the Court. (See id.). Mr. McCarthy wrote apology letters to the Judges (see generally Letters [ECF No. 8]) and appeared for his in-person reprimand scheduled 1 The Court uses the pagination generated by the electronic CM/ECF database, which appears in the headers of all court filings. Case 1:25-mc-25227 Document 12 Entered on FLSD Docket 07/22/2026 Page 2 of 4 CASE NO. 25-25227-MC-ALTONAGA for April 20, 2026 (see generally Mar. 27, 2026 Order [ECF No. 9]; see also Supplemental Report . . . [ECF No. 10] 3). On June 1, 2026, the Committee submitted a Supplemental Report and Recommendation, advising that Mr. McCarthy failed to complete the CLE and reporting requirements despite multiple reminders and opportunities to cure his non-compliance. (See Supplemental Report 3– 5). The Committee concluded that Mr. McCarthy’s “repeated failure[s] and apparent refusal[s] to abide by court orders” went “beyond mere sloppiness, office management problems, or incompetent calendaring[,]” and it recommended referring Mr. McCarthy to the Florida Bar and suspending him from practice in the Southern District of Florida until further order of the Court. (Id. 4 (alterations added)). In its June 9, 2026 Order, the Court gave Mr. McCarthy until June 24, 2026, to file a response explaining why the Court should not adopt the Committee’s Supplemental Report and Recommendation. (See June 9, 2026 Order [ECF No. 11] 2). To date, no response has been received. Attorney Rule 6(c)(B)(vii) of the Southern District of Florida Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys (“Attorney Rules”) provides that when the Committee issues a Supplemental Report and Recommendation in which it recommends discipline, the matter is to be submitted for consideration at a regularly scheduled Judges’ Meeting. See S.D. Fla. Att’y R. 6(c)(B)(vii). The next Judges’ Meeting is scheduled for October 8, 2026. (See generally Sep. 24, 2025 Administrative Order 2025-72).2 That said, the Court has the inherent power to regulate membership in its bar for the protection of the public interest. See Chambers v. NASCO, Inc., 501 U.S. 32, 43 (1991) (“[A] 2 All Administrative Orders for the Southern District of Florida are available at https://www.flsd.uscourts.gov/adminis trative-orders. 2 Case 1:25-mc-25227 Document 12 Entered on FLSD Docket 07/22/2026 Page 3 of 4 CASE NO. 25-25227-MC-ALTONAGA federal court has the power to control admission to its bar and to discipline attorneys who appear before it.” (alteration added)). Given the length of time between the entry of this Order and the scheduled meeting and considering the Committee’s concerns over Mr. McCarthy’s legal practice and professional conduct — notably, his failures to abide by court orders — the Court finds an interim suspension is warranted pending final resolution at the October 8, 2026 Judges’ Meeting. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Effective immediately, Mr. McCarthy is suspended from the practice of law in the U.S. District Court for the Southern District of Florida, pending further order of the Court. He may not resume practice before this Court unless and until reinstated by court order. See S.D. Fla. Att’y R. 12(a). 2. Within fourteen (14) days of receipt of this Order, Mr. McCarthy shall notify the Clerk of Court of any active cases in which he appears as counsel or co-counsel of record in this District. 3. The Clerk shall STRIKE Mr. McCarthy from the roll of attorneys authorized to practice before this Court and immediately revoke his CM/ECF credentials. 4. The Clerk shall promptly SERVE this Order via certified mail to Mr. McCarthy’s court record address and any addresses on file with the Florida Bar. DONE AND ORDERED in Miami, Florida, this 22nd day of July, 2026. ________________________________________ CECILIA M. ALTONAGA CHIEF UNITED STATES DISTRICT JUDGE cc: Martin G. McCarthy William C. Hearon, Chair, Ad Hoc Committee on Attorney Admissions, Peer Review, and Attorney Grievance, United States District Court, Southern District of Florida 3 Case 1:25-mc-25227 Document 12 Entered on FLSD Docket 07/22/2026 Page 4 of 4 CASE NO. 25-25227-MC-ALTONAGA Angela E. Noble, Court Administrator ∙ Clerk of Court 4
Official source: https://www.flsd.uscourts.gov/sites/flsd/files/adminorders/2026-58.pdf · retrieved 2026-07-23