In Re: Suarez-Jimenez v., No. 15-8022 (1st Cir. 2017)

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This opinion or order relates to an opinion or order originally issued on December 20, 2016.

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United States Court of Appeals For the First Circuit _____________________ No. 15-8022 IN RE: MANUEL R. SUAREZ-JIMENEZ Respondent __________________ Before Torruella, Thompson and Kayatta, Circuit Judges. __________________ ORDER OF COURT Entered: February 3, 2017 Petitioner seeks rehearing based on his claim that the per curiam opinion did not address his argument that Puerto Rico's code of professional ethics could not be applied to him because the Supremacy Clause of the U.S. Constitution preempts any Commonwealth rule that conflicts with the rules of Florida adopted by the U.S. District Court for the Southern District of Florida. The per curiam opinion rejected this "due process violation" as exceeding the scope of due process protections afforded to the respondent in an attorney disciplinary proceeding. In any event, the argument is without basis in law or fact. Petitioner neither entered an appearance nor was authorized to appear or practice in Florida. Plus, he points to no pertinent conflict between the Florida and Puerto Rico rules of conduct, presumably because the pertinent rules in all relevant U.S. jurisdictions allow for suspensions for, among other things, gross negligence and misleading clients. The petition for rehearing is denied. By the Court: /s/ Margaret Carter, Clerk cc: Manuel R. Suarez-Jimenez Clerk, Puerto Rico Supreme Court