MATTER OF AMENDMENT OF SUPREME COURT RULE 111, ADKT 444 (Nev. 2-18-2010)

IN THE MATTER OF THE AMENDMENT OF SUPREME COURT RULE 111.

No. ADKT 444.Supreme Court of Nevada.
February 18, 2010.

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ORDER AMENDING SUPREME COURT RULE 111(4)
RON D. PARRAGUIRRE, Chief Justice.

WHEREAS, on December 3, 2009, the HONORABLE NANCY SAITTA, Justice of the Nevada Supreme Court, filed a petition requesting this court to amend Supreme Court Rule 111; and

WHEREAS, this court conducted a public hearing regarding this matter on January 19, 2010, at which remarks were presented regarding the proposed rule amendment and opportunity was given for public comment; and

WHEREAS, this court has considered the petition, the remarks, and the public comments; and

WHEREAS, it appears to this court that amendment of Supreme Court Rule 111 is warranted; now therefore,

IT IS HEREBY ORDERED that Supreme Court Rule 111(4) shall be amended as set forth in Exhibit A.

IT IS FURTHER ORDERED that this rule amendment shall be effective 30 days from the date of this order. The clerk of this court shall cause a notice of entry of this order to be published in the official publication of the State Bar of Nevada. Publication of this order shall be accomplished by the clerk disseminating copies of this order to all subscribers of the advance sheets of the Nevada Reports and all persons and agencies listed in NRS 2.345, and to the executive director of the State Bar of Nevada. The certificate of the clerk of this court as to the accomplishment of the above-described publication of notice of entry and dissemination of this order shall be conclusive evidence of the adoption and publication of the foregoing rule amendment.

Dated this 18th day of February, 2010.

JAMES W. HARDESTY Associate Justice

MICHAEL L. DOUGLAS Associate Justice

MICHAEL A. CHERRY Associate Justice

NANCY M. SAITTA Associate Justice

MARK GIBBONS Associate Justice

KRISTINA PICKERING Associate Justice

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EXHIBIT A Rule 111. Attorneys convicted of crimes.

* * * 4. Bar counsel’s responsibility. Upon being advised that an attorney subject to the disciplinary jurisdiction of the supreme court has been convicted of a crime, other than a misdemeanor traffic violation not involving the use of alcohol or a controlled substance, bar counsel shall obtain a certified copy of proof of the conviction and shall file a petition with the supreme court, attaching the certified copy. Upon being advised that an attorney subject to the disciplinary jurisdiction of the supreme court has been convicted of a misdemeanor involving the use of alcohol or a controlled substance and the offense is not the attorney’s first such offense, bar counsel shall investigate and present the matter to the appropriate panel of the disciplinary board prior to the filing of the petition. The petition shall be accompanied by the panel’s recommendation regarding the appropriate disciplinary action, if any, to be imposed under these or any other rules of the supreme court that pertain to the conduct of attorneys.

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