IN THE MATTER OF DISCIPLINE OF KIMBERLY L.S. PUGH, ESQ.

No. 50219Supreme Court of Nevada.
March 19, 2008.

ORDER IMPOSING RECIPROCAL DISCIPLINE
This is a petition under SCR 114 for reciprocal discipline of attorney Kimberly L.S. Pugh, based upon an informal reprimand imposed on Pugh by the Disciplinary Commission of the Arizona Supreme Court.

On November 16, 2007, we ordered a stay of this petition, pending the Arizona Supreme Court’s determination of Pugh’s petition for special action, which challenged the Commission’s discipline order. On January 22, 2008, state bar counsel filed a motion to terminate the stay and to impose reciprocal discipline pursuant to the previously filed SCR 114 petition. Pugh has not filed any opposition to this motion or to the original SCR 114 petition.[1]

Pugh received an informal reprimand in Arizona based on her violation of Arizona’s equivalent to Nevada Rule of Professional Conduct 1.9 (duties to former clients). Pugh had previously represented a wife in a criminal probation matter and subsequently represented the husband in divorce and custody proceedings. The Arizona disciplinary commission found no aggravating factors and several mitigating factors: absence of a prior disciplinary record, absence of a selfish or dishonest motive, cooperation with the disciplinary board, and inexperience in the practice of law.

SCR 114 (4) provides that this court shall impose identical reciprocal discipline unless the attorney demonstrates or this court finds that one of four exceptions applies. None of the exceptions applies to this case, and so we grant the petition for reciprocal discipline. Accordingly, Pugh is hereby publicly reprimanded for her violation of RPC 1.9.[2]

It is so ORDERED.

GIBBONS, C.J.

MAUPIN, J.

HARDESTY, J.

PARRAGUIRRE, J.

DOUGLAS, J.

CHERRY, J.

SAITTA, J.

[1] Based on the fact that the Arizona Supreme Court has reached a final determination on Pugh’s petition, we vacate the stay imposed by our November 16 order.
[2] A public reprimand is the closest equivalent discipline in Nevada to Arizona’s informal reprimand.