IN MATTER OF THE DISCIPLINE OF JEANNE WINKLER, ESQ., 51127 (Nev. 3-7-2008)

No. 51127Supreme Court of Nevada.
March 7, 2008.

ORDER OF TEMPORARY SUSPENSION
This is a petition by the Southern Nevada Disciplinary Board Chair for an order temporarily suspending attorney Jeanne Winkler from the practice of law, pending the resolution of formal disciplinary proceedings against her. The petition and supporting documentation demonstrate that Winkler appears to have misappropriated over $200,000 from clients and third-party lienholders. Winkler has stipulated to a temporary suspension.

SCR 102 (4)(a) provides, in pertinent part:

On the petition of a disciplinary board, signed by its chair or vice chair, supported by an affidavit alleging facts personally known to the affiant, which shows that an attorney appears to be posing a substantial threat of serious harm to the public, the supreme court may order, with notice as the court may prescribe, the attorney’s immediate temporary suspension or may impose other conditions upon the attorney’s practice.

In addition, SCR 102 (4)(b) provides that we may place restrictions on an attorney’s handling of funds.

We conclude that the documentation before us demonstrates that Winkler poses a substantial threat of serious harm to the public, and that her immediate temporary suspension is warranted.[1] We further conclude that Winkler’s handling of funds should be restricted.[2]
Accordingly, Winkler is temporarily suspended from the practice of law, pending the resolution of formal disciplinary proceedings against her.[3]
In addition, Winkler is prohibited from withdrawing any funds from her client trust account, or from any other account containing funds belonging to third parties, except upon written approval of bar counsel or by order of a court of competent jurisdiction.[4] The state bar shall immediately serve Winkler with a copy of this order. Such service may be accomplished by personal service, certified mail, delivery to a person of suitable age at Winkler’s law office or residence, or by publication. When served on either Winkler or a depository in which she maintains an account, this order shall constitute an injunction against withdrawal of the proceeds except in accordance with the terms of this order.[5]

It is so ORDERED.[6]

HARDESTY, J.

PARRAGUIRRE, J.

DOUGLAS, J.

This is our final disposition of this matter. Any new proceedings concerning Winkler shall be docketed under a new docket number.