Nev. Sup. Ct. R. 50.5

As amended through October 9, 2024
Rule 50.5 - Conditional Admission
1. The court, in its discretion, may conditionally admit to the practice of law those applicants with character and fitness problems, which although serious, do not warrant denial of admission with or without prejudice. Admission under this rule shall be conditioned on and subject to such terms and conditions as required by the court, which may include any terms and conditions recommended by the board of bar examiners or its character and fitness committee. Before an applicant may be admitted under this rule, the applicant must consent in writing to the conditions of admission within 30 days of the court's order setting those conditions. An applicant's failure to consent will result in a denial of admission under this rule.
2. The period during which the applicant is conditionally admitted shall be designated as the probationary period and shall be monitored by and through the office of the Bar Counsel of the State Bar of Nevada. Any alleged violation of the terms or conditions of the order of conditional admission shall be referred to a probationary hearing panel of the board of bar examiners by the office of Bar Counsel. Members of the probationary hearing panel, when possible, will be comprised of the members of the hearing panel who recommended that the applicant be admitted pursuant to this rule.
3. An applicant admitted pursuant to this rule shall consent to the disclosure of all information obtained by the board of bar examiners to the office of the Bar Counsel, except information received by the board of bar examiners under a specific agreement of confidentiality or otherwise restricted by law.
4. The length of time of the probationary period shall be for a period of time as is ordered by the court.
5. Upon successful completion of the probationary period, in the absence of any disciplinary action by Bar Counsel, and upon written application by the applicant and the filing of a Supplemental Recommendation by the board of bar examiners, an applicant admitted pursuant to this rule shall be eligible for unconditional admission to the State Bar of Nevada.
6. The office of the Bar Counsel of the State Bar of Nevada shall monitor the conditions set forth in the order and the costs thereof shall be paid by the applicant admitted pursuant to this rule before termination of the probationary period.
7. Any alleged violation, however de minimis, of the terms and conditions of the order of conditional admission shall be brought before the probationary hearing panel of the board of bar examiners. Upon ten (10) days' written notice to the applicant, the probationary hearing panel will convene to determine if a violation of the conditions has occurred and what action, if any, should be taken.
8. If the probationary hearing panel of the board of bar examiners determines that the alleged violation(s) is not proved, no further action will be taken. If it finds that a violation of the terms or conditions of the order of conditional admission exists, it may recommend to the court suspension or revocation of the conditional license. If it determines that the violation does not rise to the level of suspension or revocation, it may recommend to the court the extension or imposition of such additional terms or conditions of the probationary period as it deems appropriate.
9. Any grievance(s) filed with the office of Bar Counsel of the State Bar of Nevada concerning actions by an applicant admitted pursuant to this rule during the probationary period, shall be submitted to a screening panel of the Southern or Northern Nevada Disciplinary Board.
(a) If the disciplinary screening panel recommends anything other than dismissal, such findings shall be submitted to the probationary hearing panel of the board of bar examiners. The probationary hearing panel of the board of bar examiners is empowered, upon ten (10) days' written notice to the applicant, to convene a hearing to determine the impact of these findings on the applicant's conditional admission.
(b) Based upon the existence of a pending recommendation by a disciplinary screening panel of anything other than dismissal, the probationary hearing panel of the board of bar examiners is empowered to recommend suspension or revocation of the conditional license subject to the approval of the court. If the probationary hearing panel of the board of bar examiners determines that the violation does not rise to the level of suspension or revocation, it may recommend to the court the extension or imposition of such additional terms or conditions of the order of conditional admission as it deems appropriate.
10. Although the probationary hearing panel of the board of bar examiners may consider any alleged new disciplinary grievance(s) whether recommended for formal charges or not, to determine whether to revoke the conditional admission or to extend or modify the terms set forth therein, this is independent of a separate disciplinary hearing panel to consider what discipline, if any, is to be imposed as a result of the disciplinary hearing on any new grievance(s).
11. During the probationary period, an applicant admitted pursuant to this rule continues to bear the burden of proof to establish the applicant's compliance with the terms and conditions of order of conditional admission. If circumstances so warrant, the office of the Bar Counsel and/or the probationary hearing panel of the board of bar examiners may petition the court for an extension of the period of probation with a final decision to be made by the court.
12. Conditional admission shall be imposed pursuant to a confidential order of the court and except as is required by an application to be admitted to the United States Supreme Court, and/or to the bar of any other state or jurisdiction, or at the request of the applicant, shall remain confidential.

Nev. Sup. Ct. R. 50.5

Added; effective 6/24/1998; amended effective 1/1/2008.