Rule 105 - Procedure on Receipt of Complaint1.Investigation.(a)Investigation and screening panel review. Investigations shall be initiated and conducted by bar counsel or bar counsel’s staff or other investigative personnel at bar counsel’s direction prior or pursuant to the opening of a grievance file. At the conclusion of an investigation of a grievance file, bar counsel shall recommend in writing dismissal with or without prejudice, referral to diversion or mentoring pursuant to SCR105.5, an admonition, or the filing of a written complaint for formal proceedings. The recommendation shall be promptly reviewed by a screening panel. A screening panel shall consist of three members of the disciplinary board, appointed by the chair or vice chair in accordance with SCR103(6). Two of the three reviewers must be members of the bar. By majority vote they shall approve, reject, or modify the recommendation, or continue the matter for review by another screening panel.(b) Notice and election. The respondent shall be notified by bar counsel in writing of a decision by a screening panel to issue an admonition and shall be served with the notification and admonition in the manner prescribed by SCR109(1). The respondent shall have 14 days after receipt of the notice within which to serve on bar counsel written objections to the issuance of the admonition along with the basis of the objections. (c)Hearing. Upon receipt by bar counsel of written objections to the issuance of an admonition within the time prescribed, bar counsel shall file a complaint and commence formal proceedings in accordance with SCR 105(2). The issuance of an admonition not objected to by the respondent within 14 days of notice shall be final and shall not be appealable. A screening panel member who has reviewed bar counsel’s recommendation on a grievance shall not be appointed to a hearing panel for any subsequent and related proceedings. Except in matters requiring dismissal because the grievance is frivolous or clearly unfounded on its face, or falls outside the disciplinary board’s jurisdiction, or is resolved informally pursuant to SCR104(2), a panel shall not make a finding of misconduct until the respondent has been given an opportunity to respond to the allegations against the respondent.(d) Appeal of a screening panel’s dismissal of a grievance. Bar counsel may appeal a decision to dismiss a grievance to a hearing panel appointed by the chair or vice chair of the respective northern or southern disciplinary board. The chair of the respective board shall be one of the members on the panel and shall serve as chair of the panel. The panel shall determine whether the decision is supported by the record and is in the best interests of justice. Such an appeal must be filed with bar counsel’s office and served upon the chair of the appropriate disciplinary board within 20 days of receipt of the decision by filing and serving a petition, together with the record of the matter being appealed. The petition shall contain the name and address of the appropriate northern or southern disciplinary board chair and identify the chair as the person to whom the petition must be sent. The chair shall issue an order advising the respondent or bar counsel of when any answering or other brief is due. The panel shall decide the matter on the record without oral argument or appearance and shall issue a written decision.2.Commencement of formal proceedings. Formal disciplinary proceedings are commenced by bar counsel filing a written complaint in the name of the state bar. The complaint shall be sufficiently clear and specific to inform the respondent of the charges against them and the underlying conduct supporting the charges. A copy of the complaint shall be served on the respondent, and it shall direct that a verified response or answer be served on bar counsel within 21 days of service; the original shall be filed with bar counsel’s office. The time to respond may be extended once by the chair for not more than 21 days for good cause or upon stipulation of the parties. In the event the respondent fails to plead, bar counsel shall enter a default and the charges shall be deemed admitted, provided, however, that a respondent who fails to respond within the time provided may thereafter move to set aside the default with the appropriate chair, if failure to file is attributable to mistake, inadvertence, surprise, or excusable neglect.(a) Challenges to and ad hoc appointments of panel members. The complaint shall be served with the list of members of the appropriate disciplinary board. The respondent, or each if more than one, and bar counsel may exercise five peremptory challenges each to the people on the list by filing such in writing on or before the date a response to the complaint is due. Peremptory challenges will not be part of the public record. Challenges to any member for cause under Rule SCR103(7) shall be made as soon as possible after receiving either actual or constructive notice of the grounds for disqualification and shall be made by motion to the chair in accordance with these rules. In no event will a motion seeking the disqualification of a member be timely if the member has already heard, considered, or ruled upon any contested matter, except as to grounds based on fraud or similar illegal conduct, of which the challenging party had no notice until after the contested matter was considered. Any challenge that is not raised in a timely manner shall be deemed waived.
The chair or vice chair may make ad hoc appointments to replace designated panel members in the event of challenges or disqualification. Ad hoc appointees shall be subject to disqualification under SCR103(7) and any timely remaining peremptory challenges unexercised by either the respondent(s) or bar counsel. A hearing panel as finally constituted shall include a non-attorney.
(b) Assignment for hearing panel and chair. Within 30 days, following service of a responsive pleading, or if the respondent failed to file a responsive pleading, the chair or vice chair of the disciplinary board shall assign the matter to a hearing panel chair, who shall preside over all motions or other requests as provided by SCR103(6) and the subsequent hearing. Thereafter, the chair or vice chair of the disciplinary board shall assign the remaining hearing panel members.(c) Venue. Venue shall be the county in which the respondent resides or maintains their principal office for the practice of law, where the alleged offense was committed or where the parties have stipulated. If the respondent neither resides nor maintains a principal office in Nevada, or has left the state to avoid proceedings under these rules, the hearing may be conducted in any county designated by the chair of the disciplinary board.(d) Time to conduct hearing; notice of hearing. Within 14 days of appointment, the panel chair shall hold an initial case conference with the parties for the purpose of obtaining admissions or otherwise narrowing the issues presented by the pleadings. During the conference, the panel chair shall set a time and a place for a hearing, which hearing shall be within 45 days of the initial case conference. If the respondent fails to attend the initial case conference, then the panel chair shall give the respondent at least 30 days’ written notice of the hearing’s time and place. The notice shall be served in the same manner as the complaint and shall inform the respondent that they are entitled to be represented by counsel, to cross-examine witnesses, and to present evidence. For good cause shown, the chair may allow additional time, not to exceed 90 days, to conduct the hearing.(e) Quorum; time for decision of panel; votes required to impose discipline. All three members of a panel must be present to constitute a quorum. The hearing panel shall render a written decision within 30 days of the conclusion of the hearing, unless post-hearing briefs are requested by either bar counsel or the respondent and allowed by the panel or requested by the chair, in which event the decision shall be rendered within 60 days of the conclusion of the hearing. The decision shall be served pursuant to SCR109(1), accompanied by the panel’s findings and recommendation, all of which shall be filed with bar counsel’s office. A decision to impose or recommend discipline requires the concurrence of any two members of the disciplinary panel.(f) Rules of evidence; support of panel’s decision. The rules applicable to the admission of evidence in the district courts of Nevada govern admission of evidence before a hearing panel. Evidentiary rulings shall be made by the chair of the panel, if one has been designated, or by the chair of the appropriate disciplinary board prior to such a designation. The findings of the panel must be supported by clear and convincing evidence.(g) Court reporter. All hearings shall be reported by a certified court reporter, which cost may be assessed against the respondent pursuant to SCR120. Any party desiring to have any other disciplinary proceedings reported must arrange in advance for a certified court reporter at the party’s own expense.3.Review by supreme court.(a) Time and manner of appeal. A decision of a hearing panel shall be served on the respondent, and service shall be deemed Notice of Entry of Decision for appeal purposes. Except as provided in SCR 105(3)(b), a decision is final and effective 30 days from service, unless an appeal is taken within that time. To the extent not inconsistent with these rules, an appeal from a decision of a hearing panel shall be treated as would an appeal from a civil judgment of a district court and is governed by the Nevada Rules of Appellate Procedure (NRAP).(b) Review of public discipline. Except for disbarments by consent pursuant to SCR112 or a reprimand agreed to in writing by the respondent pursuant to SCR113, a decision recommending a reprimand, suspension, or disbarment shall be automatically reviewed by the supreme court. Although the supreme court’s review of the conclusions of law and the recommended discipline is de novo, the court shall employ a deferential standard of review with respect to findings of fact. Review under this paragraph shall be commenced by bar counsel forwarding the record of the hearing panel proceedings to the court within 30 days of entry of the decision. Receipt of the record in such cases shall be acknowledged in writing by the clerk of the supreme court. The respondent and bar counsel shall have 30 days from the date the supreme court acknowledges receipt of the record within which to file an opening brief or otherwise advise the court of any intent to contest the hearing panel’s findings and recommendations. If an opening brief is filed, briefing shall thereafter proceed in accordance with NRAP 31(a). Extensions of time to file briefs are disfavored and will only be granted upon a showing of good cause. The parties shall not be required to prepare an appendix, but rather shall cite to the record of the disciplinary proceedings. If no opening brief is filed, the matter will be submitted for decision on the record without briefing or oral argument.
4.Disciplinary rules of procedure; discovery of evidence. The chairs, after consulting with their respective disciplinary boards, may adopt disciplinary rules of procedure, subject to approval by the board of governors. The disciplinary rules of procedure shall require bar counsel to provide a summary of the evidence against the respondent, and the names of the witnesses bar counsel intends to call unless for impeachment and a brief statement of the facts to which each will testify. A respondent may inspect bar counsel’s evidence up to 3 days prior to the hearing. Witnesses or evidence, other than for impeachment, which became known to bar counsel thereafter, and which bar counsel intends to use at the hearing, shall be promptly disclosed to the respondent.As amended effective 3/1/2007; effective 7/8/2013; amended effective 12/7/2015; amended effective 11/11/2020; amended effective 10/26/2023.