2008, to the heirs of the estate of Marco E. Monteverdi; and (3) be
mentored by an attorney and a CPA for 24 months after reinstatement.
The state bar argued for a four-year suspension, with the above
conditions.
Having reviewed the record, we approve the panel's
recommendation that Kemp be suspended subject to conditions. However,
based on Kemp's misappropriation of client funds and initial failure to
cooperate with the state bar in its investigation, we determine that a
longer suspension is appropriate. We also determine that payment of
restitution should be a condition precedent to Kemp's reinstatement. We
therefore reject the recommended suspension term of six months and one
day and instead direct that Kemp be suspended for two years. We further
direct that Kemp pay restitution as set forth above before petitioning for
reinstatement.
Accordingly, we hereby suspend Mark A. Kemp from the
practice of law for two years. In addition, Kemp must pay restitution
before petitioning for reinstatement, and must comply with the
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other conditions listed above. Kemp shall pay the costs of the disciplinary
proceedings within 30 days of receipt of the state bar's bill of costs in this
matter. See SCR 120.
It is so ORDERED.
C.J.
Hardesty
Parraguirre
1.1 t
Douglas
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GIBBONS, J., dissenting:
I would impose the discipline re •ni ended by the disciplinary
panel.
1 /I•
Ai
AIMIlhs
A
Gibbons
cc: Jeffrey R. Albregts, Chair, Southern Nevada Disciplinary Board
Janeen V. Isaacson, Assistant Bar Counsel
Kimberly K. Farmer, Executive Director, State Bar of Nevada
Mark A. Kemp
Perry Thompson, Admissions Office, United States Supreme Court
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