Local Rule LR IA 11-7: ETHICAL STANDARDS, DISBARMENT, SUSPENSION, AND DISCIPLINE

LR IA 11-7. ETHICAL STANDARDS, DISBARMENT, SUSPENSION, AND DISCIPLINE

(a) Model Rules. An attorney admitted to practice under any of these rules must adhere to the standards of conduct prescribed by the Model Rules of Professional Conduct as adopted and amended from time to time by the Supreme Court of Nevada, except as these standards may be modified by this court. An attorney who violates these standards of conduct, or who fails to comply with this court's rules or orders, may be disbarred, suspended from practice before this court for a definite time, reprimanded, or subjected to other discipline as the court deems proper. This subsection does not restrict the court's contempt power.

(b) Conviction. For the purpose of this rule, "conviction" means a judgment by a jury verdict, bench trial, or entry of a guilty plea.

(c) If an attorney admitted to practice under these rules is subjected to professional disciplinary action or convicted of any felony or other misconduct that reflects adversely on the attorney's honesty, trustworthiness, or fitness as an attorney in Nevada or in another jurisdiction, the attorney must immediately inform the clerk in writing of the action. Failure to make this report is grounds for discipline under these rules.

(d) Upon the clerk's receipt of a copy of an order or judgment of suspension, disbarment, transfer to disability inactive status, or of a judicial declaration of incompetency or conviction of any felony or other misconduct that reflects adversely on an attorney's honesty, trustworthiness, or fitness as an attorney concerning a member of the bar of this court, or any other attorney admitted to practice before this court, the clerk must bring the order to the court's attention, and the court must enter the order under subsection (e), (f), or (g) of this rule.

(e) Reciprocal Discipline

(1) The court must enter an order to show cause why the court should not enter an order of suspension or disbarment if it receives reliable information that a member of the bar of this court or any attorney appearing pro hac vice: (A) has been suspended or disbarred from the practice of law by the order of any United States Court, or by the bar, Supreme Court of Nevada, or other governing authority of any state, territory or possession, or the District of Columbia; or (B) has resigned from the bar of any United States Court or of any state, territory or possession, or the District of Columbia, while an investigation or proceedings for suspension or disbarment was pending.

(2) If the attorney files a response stating that imposition of an order of suspension or disbarment from this court is not contested, or if the attorney does not respond to the order to show cause within the time specified, then the Chief Judge must enter an order of suspension or disbarment on behalf of the court.

(3) If the attorney files a written response to the order to show cause within the time specified contesting the entry of an order of suspension or disbarment, then the Chief Judge or other district judge who may be assigned must determine whether an order of suspension or disbarment should be entered. If the attorney has been suspended or disbarred by another bar, or has resigned from another bar while the disciplinary proceedings were pending, in the response to the order to show cause the attorney must set forth facts establishing one or more of the following by clear and convincing evidence: (A) the procedure in the other jurisdiction was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; (B) there was such an infirmity of proof establishing the misconduct as to give rise to a clear conviction that the court should not accept as final the other jurisdiction's conclusion(s) on that subject; (C) imposition of like discipline would result in a grave injustice; or (D) other substantial reasons justify not accepting the other jurisdiction's conclusion(s). In addition, at the time the response is filed, the attorney must file a certified copy of the entire record from the other jurisdiction or bear the burden of persuading the court that less than the entire record will suffice.

(4) If an attorney admitted to practice under any of these rules is transferred to disability inactive status on the grounds of incompetency or disability by any court of the United States, the Supreme Court of Nevada, or the highest court of another state, commonwealth, territory, or the District of Columbia, the court must enter an order requiring the attorney to show cause why this court should not enter an order placing the attorney on disability inactive status.

(f) Conviction of Felony or Other Misconduct

(1) An attorney admitted to practice in this court who is convicted of any felony or other misconduct that reflects adversely on the attorney's honesty, trustworthiness, or fitness as an attorney in any court of the United States, the District of Columbia, or of any state, territory, commonwealth, or possession of the United States, must report the conviction to this court within 14 days of its entry. Upon receiving notice of an attorney's conviction, regardless of whether sentencing has occurred, the court will immediately disbar the attorney from practice before this court. The Chief Judge must file the order.

(2) The Chief Judge will issue an order to show cause at the time of disbarment directing the disbarred attorney to demonstrate why the attorney should be reinstated to practice before the court during the pendency of any appeal of the conviction.

(3) If the attorney is permitted to practice before this court pending an appeal, within 14 days of the conviction becoming final, the attorney must again report the conviction and advise the court that it is now final. Once the court receives notice of the final conviction, the Chief Judge will issue an order to show cause directing the attorney to demonstrate why the court should not enter an order of disbarment.

(g) Original Discipline

(1) Initiation. When the clerk or a district, magistrate, or bankruptcy judge of this district believes an attorney's conduct may warrant disbarment, reprimand, or other discipline by this court, other than those matters addressed in sections (e) and (f), the clerk or judge may issue a written report and recommendation for the initiation of disciplinary proceedings (the "recommendation"). The Chief Judge, or another district judge if the Chief Judge is the judge recommending this action be taken (the "reviewing judge"), must review the recommendation to determine if clear and convincing evidence exists for the initiation of disciplinary proceedings. If the reviewing judge determines that disciplinary proceedings should be initiated, the reviewing judge must issue an order to show cause under this rule that identifies the basis for and nature of possible discipline.

(2) Response. An attorney against whom an order to show cause is issued under section (g)(1) has 30 days from the date of the order to file a response. The attorney may include in the response a request (i) to submit the matter on the recommendation, affidavits, briefs, and the record or (ii) for a hearing. The failure to request a hearing will be deemed a waiver of any right to a hearing. The failure to file a timely response may result in the imposition of discipline by the court without further notice.

(3) Hearing. If a hearing is requested by the attorney, the reviewing judge must conduct a hearing on the recommendation. If a hearing is not requested, the matter will be determined by the reviewing judge on the record submitted. At any hearing under this rule, the attorney may be represented by counsel, who must file a notice of appearance with the reviewing judge and with any attorney appointed by the court to prosecute the matter.

(4) Appointment of Counsel to Prosecute Charges. In appropriate cases, the reviewing judge may appoint an attorney to prosecute charges of misconduct and must provide notice of that appointment to the attorney and his counsel, if any. The court may solicit recommendations from the Lawyer Representatives of the District of Nevada on an appropriate appointment. Actual out-of-pocket costs incurred by the attorney prosecuting the charges will be reimbursed from the non-appropriated fund after the court's review and approval.

(5) Determination and Entry of Order. Upon the completion of the hearing, if any, and the review of the record, the reviewing judge must provide a decision, either orally from the bench or in a written order, which will be entered as a final order.

(h) The clerk must distribute copies of any order of disbarment, transfer to disability inactive status, or other disciplinary order entered under this rule to the attorney affected, to all the judges in this district, to the clerk of the Nevada Supreme Court, to the Nevada State Bar Counsel and Executive Director, and to the American Bar Association's National Disciplinary Data Bank.

(i) Reinstatement. An attorney who is the subject of an order of disbarment, suspension, or transfer to disability inactive status may petition for reinstatement to practice before this court or for modification of the order as may be supported by good cause and the interests of justice. To be readmitted, a disbarred attorney must file a petition for reinstatement with the clerk. The petition must contain a concise statement of the circumstances of the disciplinary proceedings, the discipline imposed by the court, and the grounds that justify the attorney's reinstatement. If this court imposed reciprocal discipline under section (e) of this rule, and if the attorney was readmitted by the supervising court or the discipline imposed by the supervising court was modified or satisfied, the petition must explain the situation with specificity, including a description of any restrictions or conditions imposed on readmission by the supervising court. The petition will be referred to the Chief Judge or another district judge at the Chief Judge's discretion who will file a determination.

(j) An attorney who, before admission to practice before this court, or during any period of disbarment, suspension, or transfer to disability inactive status from such practice, exercises any of the privileges of an attorney admitted to practice before this court, or who pretends to be entitled to do so, is guilty of contempt of court and subject to appropriate punishment.

(k) Unless the court orders otherwise, the disciplined attorney must effect service of the notice of suspension or disbarment on all clients in all active cases, if any, before this court and must file proof of service of the notice in those cases, which must include the client's last known address. Further, the judge presiding over each individual case retains the discretion to take any action deemed appropriate.

(l) Nothing in this rule limits an individual judge's power to impose sanctions authorized under applicable law. Nothing in this rule is intended to limit the inherent authority of any judge of this court to suspend an attorney from practicing before that judge on a case-by-case basis after appropriate notice and an opportunity to be heard.