IN THE MATTER OF HAGER, 42516 (Nev. 5-27-2004)

No. 42516.Supreme Court of Nevada.
May 27, 2004.

BEFORE SHEARING, C.J., ROSE, J., BECKER, J., MAUPIN, J., GIBBONS, J., DOUGLAS, J.

ORDER OF REINSTATEMENT
This is a petition by Robert R. Hager for reinstatement to the practice of law from disability inactive status. On October 27, 1997, this court transferred Hager to disability inactive status.

On December 18, 2003, Hager applied for reinstatement. We referred the matter to a Northern Nevada Disciplinary Board hearing panel for a report and recommendation. A hearing was held on March 16, 2004. The hearing panel recommended that the petition be granted, concluding that Hager has met his burden of proving by clear and convincing evidence that the disability has been removed and that he is fit to be reinstated, subject to the following conditions:[1]

1. Hager will submit to quarterly drug hair testing on a random basis for a period of three years following his reinstatement to the practice of law. Such tests shall be conducted within twelve hours of a request by Bar Counsel. Hager will be tested for illegal drugs, specifically methamphetamine and cocaine, and will be responsible for all costs pertaining to the drug testing.
2. Hager will complete twenty-four hours of continuing legal education (“CLE”), four of which shall be ethics education. Hager will submit proof of the CLE completion to Bar Counsel. The twenty-four hours of CLE must be completed within one year of Hager’s reinstatement, and shall be in addition to the annual twelve hours already required for attorneys by Nevada law.
3. Hager will complete and satisfactorily pass the Multistate Professional Responsibility Examination within one year after being reinstated and will submit proof of the same to Bar Counsel.
4. Hager agrees to sell or dispose of any automatic weapons and agrees not to possess any such weapons in the future. Hager must provide an affidavit to Bar Counsel once he sells or disposes of his automatic weapons.
5. Hager will pay the costs of the reinstatement proceedings within thirty days of his receipt of the State Bar’s Bill of Costs.

Having reviewed the record, we conclude that Hager has met his burden of proof and that clear and convincing evidence supports the panel’s recommendation. We further conclude that the conditions recommended by the panel are appropriate. Additionally, we approve of the panel’s recommendation, which is not a condition of reinstatement, that Hager continue with counseling.

Accordingly, we grant the petition and reinstate Hager to the active practice of law, subject to the conditions outlined above. The hearing panel shall retain jurisdiction over this matter. If Hager fails to meet any of the above conditions, Bar Counsel shall reconvene the panel, and the panel may make any recommendation to this court, including suspension or disbarment of Hager.[2]

It is so ORDERED.[3]