complaint alleging violations of the Rules of Professional Conduct and a
notice of intent to proceed by default. SCR 105. A disciplinary hearing
panel was convened, and a hearing was held on November 20, 2013.
Aholelei-Aonga did not answer the complaint or attend the hearing.
The State Bar alleged that Aholelei-Aonga agreed to represent
Mr. and Mrs. Torres in a bankruptcy early in 2011. She advised them that
they needed to take a class and get a certificate before filing their petition.
The Torreses took the class and paid Aholelei-Aonga a retainer of $900.
When they were finally able to set up a meeting with Aholelei-Aonga, she
canceled one hour before the meeting and then she failed to respond to
numerous messages from the Torreses for months thereafter. The
bankruptcy class certificates expired, and Aholelei-Aonga did not return
the $900.
In May 2011, Shirli Garcia paid Aholelei-Aonga a $1,500
retainer for assistance with a bankruptcy. Aholelei-Aonga directed Garcia
to take the class and get the certificate. Aholelei-Aonga told her she would
contact Garcia as soon as she could set a court date. She also directed
Garcia to take another class prior to the court date. Garcia was unable to
contact Aholelei-Aonga after that point. Garcia went to Aholelei-Aonga's
office and was told Aholelei-Aonga had quit the premises and was not
coming back. Aholelei-Aonga did not return Garcia's $1,500.
The State Bar also presented testimony from Laura Peters, a
paralegal and investigator with the State Bar who testified to her efforts
to contact and communicate with Aholelei-Aonga. Although most of the
certified letters and notices were returned unclaimed, a copy of the
complaint and designation of panel members that the bar sent by first
class mail appeared to have been received. Notice of the hearing,
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designation of witnesses, and summary of evidence was sent to Aholelei-
Aonga via certified mail, first class mail, and to her private e-mail address
on file with the State Bar.
The panel concluded that, although Aholelei-Aonga received
notice and a copy of the complaint and her right to respond, notice of the
intent to proceed by default, notice of the hearing and designation of
witnesses and the summary of evidence, she had not received a full 30-
days notice of the hearing date itself. SCR 105(2)(c). Accordingly, the
panel delayed entering its findings of fact and conclusions of law in order
to give Aholelei-Aonga a further opportunity to respond. She did not do so.
The panel found that the allegations of the complaint were
deemed admitted by Aholelei-Aonga's failure to respond. SCR 105(2), The
allegations as to both grievances specifically included violations of RPC 1.2
(diligence), RPC 1.3 (communication), RPC 1.5 (fees), RPC 5.5
(unauthorized practice of law), RPC 8.1(b) (bar admission and disciplinary
matters), SCR 98(12) (suspension for failure to pay fees). The panel found
as aggravating factors that Aholelei-Aonga had previous failures to pay
fees and maintain her CLE requirements, that she had dishonest and
selfish motives by retaining fees that had not been earned, she committed
multiple offenses, and she engaged in bad faith obstruction of the
disciplinary process by intentionally failing to comply with Supreme Court
Rules regarding discipline. SCR 102.5. The panel found no mitigating
factors.
The panel recommended that Aholelei-Aonga be suspended for
five years with the following conditions:
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1. Aholelei-Aonga must take and pass the state bar examination,
including the Multistate Professional Responsibility Examination,
prior to applying for reinstatement;
2. Aholelei-Aonga must make restitution to the Torreses and Garcia;
3. Aholelei-Aonga must demonstrate to bar counsel that she has
notified all clients of her suspension within three days of the
effective date of the suspension;
4. Aholelei-Aonga must place all of her clients with other counsel,
conclude representation, or, with the assistance of bar counsel
attempt to aid any clients in finding new counsel, within 15 days of
the order of suspension;
5. And she must pay the costs of the disciplinary proceedings pursuant
to SCR 120.'
Having reviewed the record, we approve the recommendation,
and we hereby order Aholelei-Aonga suspended for five years subject to
the above conditions. While the conditions of Aholelei-Aonga's suspension
shall take effect immediately, Aholelei-Aonga's suspension term shall not
commence until after Aholelei-Aonga resolves her bar fees and CLE
suspensions. Accordingly, once Aholelei-Aonga resolves her bar fees and
CLE suspensions, she shall begin serving a suspension term of five years,
six months, and one day. See In re Discipline of Aholelei-Aonga, Docket
No. 61055 (Order of Suspension, December 6, 2013). Aholelei-Aonga and
'The panel also recommended that if reinstated, Aholelei-Aonga
must enter into a mentoring agreement for one year with a State Bar-
approved mentor submitting quarterly reports to the State Bar regarding
Aholelei-Aonga's practice. While this condition appears reasonable, such a
condition is more appropriately considered as part of a reinstatement
proceeding, and we thus decline to impose it now.
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the State Bar shall provide notice of this order as required under SCR 115
and SCR 121.1. Bar counsel must furnish this court with proof that notice
has been served.
It is so ORDERED.
Gibbons
J.
Pickering Hardesty
cuxA
Parraguirre
011 %4
Cherry Saitta
cc: J. Thomas Susich, Chair, Northern Nevada Disciplinary Board
David Clark, Bar Counsel
Kimberly K. Farmer, Executive Director, State Bar of Nevada
Mehi Aholeilei-Aonga
Perry Thompson, Admissions Office, United States Supreme Court
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