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 Rule 105.5, a letter of caution, a private reprimand, or the filing of a written complaint for formal hearing. 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 Rule 103(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 attorney shall be notified by bar counsel in writing of a decision by a screening panel to issue a private reprimand and shall be served with the notification and private reprimand in the manner prescribed by Rule 109(1). The attorney shall have 14 days after receipt of the notice within which to serve on bar counsel written objections to the issuance of the private reprimand along with the basis of the objections.The attorney shall include with his or her written objections a statement electing either (i) a formal hearing before a five-member panel of the appropriate disciplinary board on a written complaint filed by bar counsel; or (ii) an informal hearing before a three-member panel of the appropriate disciplinary board.(c)Hearing. Upon receipt by bar counsel of written objections to the issuance of a private reprimand and a statement of election by the attorney within the time prescribed, the matter shall be set for a formal or informal hearing in accordance with the attorney's election. A formal hearing shall proceed in accordance with Rule 105(2). At an informal hearing the attorney shall be given the opportunity to appear, to present oral argument, and to present evidence related to the written objections or any relevant issue. Rule 105(2)(a) applies to an informal hearing. The issuance of a private reprimand not objected to by the attorney within 14 days of notice or imposed after an informal hearing 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 an informal or formal 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 Rule 104(2), a panel shall not make a finding of misconduct until the attorney has been given an opportunity to respond to the allegations against the attorney.(d)Appeal of a screening panel's dismissal of a grievance. Bar counsel may appeal a decision to dismiss a grievance to a five-member 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 five 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 attorney 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 attorney of the charges against him or her and the underlying conduct supporting the charges. A copy of the complaint shall be served on the attorney and it shall direct that a verified response or answer be served on bar counsel within 20 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 20 days for good cause or upon stipulation of the parties. In the event the attorney fails to plead, the charges shall be deemed admitted; provided, however, that an attorney who fails to respond within the time provided may thereafter obtain permission of the appropriate chair to do so, 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 attorney, or each if more than one, and bar counsel may exercise five peremptory challenges each to the people on the list by delivering such in writing to bar counsel on or before the date a response to the complaint is due. Challenges to any member for cause under Rule 103(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 like 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 reduce the 6 number to less than the number required for the hearing panel. Ad hoc appointees shall be subject to disqualification under Rule 103(7) and any remaining peremptory challenges unexercised by either the attorney(s) or bar counsel. A hearing panel as finally constituted shall include a non-lawyer.
(b)Assignment for hearing panel and chair. Within 30 days, following service of a responsive pleading, or upon failure to plead, the matter shall be assigned by the chair or vice chair of the disciplinary board to a hearing panel chair, who shall preside over any and all motions or other requests as provided by SCR 103(6) and the subsequent hearing. Thereafter, the remaining hearing panel members shall be assigned by the chair or vice chair of the disciplinary board.(c)Venue. Venue shall be the county in which the attorney resides or maintains his or her principal office for the practice of law, where the alleged offense was committed or where the parties have stipulated. If the attorney neither resides nor maintains his or her 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; discovery of evidence against attorney. The hearing panel shall conduct a hearing within 45 days of assignment and give the attorney at least 30 days' written notice of its time and place. The notice shall be served in the same manner as the complaint, and shall inform the attorney that he or she is entitled to be represented by counsel, to cross-examine witnesses, and to present evidence. The notice shall be accompanied by a summary prepared by bar counsel of the evidence against the attorney, and the names of the witnesses bar counsel intends to call for other than impeachment, together with a brief statement of the facts to which each will testify, all of which may be inspected 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 attorney. For good cause shown, the chair may allow additional time, not to exceed 90 days, to conduct the hearing. Hearing may be conducted remotely by stipulation of the parties or when ordered by the panel chair, for good cause shown.(e)Quorum; time for decision of panel; votes required to impose discipline. Any five members of the panel shall be 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 attorney 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 Rule 109(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 four members of the 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 formal hearings shall be reported by a certified court reporter, which cost may be assessed against the attorney pursuant to Rule 120. 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 attorney, and service shall be deemed Notice of Entry of Decision for appeal purposes. Except as provided in Rule 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.(b)Review of public discipline. Except for disbarments by consent pursuant to Rule 112 or a public reprimand agreed to in writing by the attorney pursuant to Rule 113, a decision recommending a public reprimand, suspension or disbarment shall be automatically reviewed by the supreme court. 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 attorney 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.
The supreme court shall affirm the decision of the hearing panel unless it determines that, based on the record, the findings of fact of the hearing panel are 4 clearly erroneous. The supreme court will conduct a de novo review of the conclusions of law and appropriate sanction to impose.
4.Rules of procedure. The chairs, after consulting with their respective disciplinary boards, may adopt rules of procedure, subject to approval by the board of governors.As amended effective 3/1/2007; effective 7/8/2013; amended effective 12/7/2015; amended effective 11/11/2020.