temporary suspension, subject to the following conditions: (1) Clark shall
pay restitution, plus interest, to certain clients and the Client Security
Fund, as set forth in the conditional guilty plea agreement; (2) Clark shall
continue rehabilitation and recovery of his alcoholism as directed by his
therapist, Dr. Hopper, or another licensed therapist as approved by the
state bar; (3) Clark is required to complete twice the amount of required
CLE credits (24 hours) for 2013 and 2014; (4) prior to petitioning for
reinstatement, Clark shall submit to an independent psychological
examination for the purpose of evaluating his fitness to practice law; and
(5) Clark shall pay the costs of the disciplinary proceedings in the instant
matter. 1
Based on our review of the record, we conclude that the
conditional guilty plea agreement should be approved. See SCR 113(1).
Accordingly, Clark is hereby suspended from the practiceS of law for four
years, retroactive to his temporary suspension, and Clark shall comply
with the conditions noted above before applying for reinstatement. The
'The parties also stipulated to the additional conditions that, for two
years following reinstatement, Clark would have a mentor who made
periodic reports to the state bar and that Clark would attend at least one
Alcoholics Anonymous meeting (or the equivalent) per week. While these
conditions appear reasonable, such conditions are more appropriately
considered as part of a reinstatement proceeding, and we thus decline to
impose them now.
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parties shall comply with the applicable provisions of SCR 115 and SCR
121.1.
It is so ORDERED. 2
, C.J.
J. Ctt LA; , J.
Hardesty
Parraguirre
2 Clark has been suspended from the practice of law in Nevada since
October 2009 for failure to complete required continuing legal education
requirements. See In re Application of Bd. of Continuing Legal Educ.,
Docket No. 54333 (Order Dismissing Petition as to Certain Respondent
Attorneys and Granting Petition as to Certain Respondent Attorneys,
October 21, 2009). Accordingly, in addition to satisfying the conditions
outlined in this order and petitioning for reinstatement pursuant to SCR
116, Clark must also comply with the requirements set forth in SCR 213
in order to be reinstated to the practice of law in Nevada.
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SAITTA, J., with whom DOUGLAS, J., agrees, dissenting:
In light of the extent of Clark's misconduct, I would reject the
conditional guilty plea agreement and remand for further proceedings
before the panel. Accordingly, I dissent from the order approving the
agreement.
•
Saitta
I concur:
Douglas
cc: David Clark, Bar Counsel
Michael J. Warhola, LLC
Jeffrey R. Albregts, Chair, Southern Nevada Disciplinary Panel
Kimberly Farmer, Executive Director, State Bar of Nevada
Perry Thompson, Admissions Office, U.S. Supreme Court
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