relating to law office management; (3) after his period of suspension is
completed, be placed on probation for a period of one year under the
supervision of a mentor who will be responsible for submitting quarterly
reports to the State Bar; and (4) be ordered to pay the fees and costs of the
disciplinary proceedings.
The findings and recommendations of a disciplinary board
hearing panel, though persuasive, are not binding on this court. In re
Discipline of Stuhff, 108 Nev. 629, 633, 837 P.2d 853, 855 (1992). The
automatic review of a panel decision recommending discipline is conducted
de novo, requiring the exercise of independent judgment by this court. Id.;
SCR 105(3)(b). The panel's findings must be supported by clear and
convincing evidence. SCR 105(2)(0; In re Discipline of Drakulich, 111 Nev.
1556, 1566, 908 P.2d 709, 715 (1995). In determining the proper
disciplinary sanction, this court considers four factors: (1) the duty
violated; (2) the lawyer's mental state; (3) the potential or actual injury
caused by the lawyer's misconduct; and (4) the existence of aggravating or
mitigating circumstances. In re Discipline of Lerner, 124 Nev. 1232, 1246,
197 P.3d 1067, 1077 (2008) (citing American Bar Association Standards
for Imposing Lawyer Sanctions 3.0, Compendium of Professional
Responsibility Rules and Standards, 344 (1999)).
Having reviewed the record, we conclude that clear and
convincing evidence supports the panel's findings as to the rule violations
committed by Rinato. We also conclude, based on the evidence presented,
that the panel's recommended punishment is appropriate. Accordingly,
Rinato is suspended from the practice of law for six months. During that
time, Rinato must complete an additional ten hours of continuing legal
education relating to law office management. Following the suspension,
SUPREME COURT
OF
NEVADA
Rinato will be placed on probation for one year under the supervision of a
mentor who will report to the State Bar on a quarterly basis. Rinato shall
pay the State Bar's bill of costs within 90 days of receiving it.
It is so ORDERED. 2
C.J.
Gibbons
Hardesty
r
la
Douglas
Saitta
cc: Jeffrey R. Albregts, Chair, Southern Nevada Disciplinary Board
David Clark, Bar Counsel
Kimberly K. Farmer, Executive Director, State Bar of Nevada
Peter M. Rinato
Perry Thompson, Admissions Office, United States Supreme Court
2 We note that Rinato is currently suspended for failure to pay his
State Bar membership dues. The suspension imposed in this order is
separate from and in addition to Rinato's dues suspension; the suspension
imposed here shall not begin until Rinato has resolved his dues
suspension. See SCR 98(13).
SUPREME COURT
OF
NEVADA
3
({fl 19471k en