Further, Dumbrigue must (1) obtain an expert evaluation regarding
gambling addiction and mental health issues and provide a copy of the
report to the State Bar; (2) obtain a mentor approved by the State Bar to
monitor his practice and submit quarterly reports to the State Bar, with
this mentor ensuring that Dumbrigue has a proper accounting system in
place to track client fees and costs, and ensuring that Dumbrigue does not
have more than 25 active bankruptcy cases at any time; (3) complete a
total of 10 additional Continuing Legal Education (CLE) credits per year;
(4) pay restitution in the total amount of $4,859 within one year; 1 (5)
participate in the fee dispute process and be bound by the State Bar Fee
Dispute Committee's decision if former client Treena Leonard files a fee
dispute; and (6) submit quarterly reports to the State Bar detailing his
el
place of employment, number of active bankruptcy cases, areas of practice,
restitution payments, treatment progress, if any treatment is
recommended by a medical expert, and any issues that may have
developed in Dumbrigue's practice. Dumbrigue further agrees to pay the
costs of the instant disciplinary proceedings.
The findings and recommendations of a disciplinary 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 a suspension is conducted de novo,
requiring the exercise of independent judgment by this court. Id.; see SCR
105(3)(b). The panel's findings must be supported by clear and convincing
'The restitution shall be paid to the following former clients in the
indicated amounts: Marian Clark, $1,499; Kevin Posner, $2,000; Vincente
Acosta, $1,100; Lucille Brown, $260.
SUPREME COURT
OF
NEVADA
2
(0) 1947A
evidence. SCR 105(2)W; In re Discipline of Drakulich, 111 Nev. 1556,
1566, 908 P.2d 709, 715 (1995).
Based on our review of the record, we agree with the
recommendations regarding the expert evaluation, mentorship agreement,
additional CLE, restitution, participation in the fee dispute process,
quarterly reports to the State Bar, and payment of costs. However, the
suspension recommendation is insufficient in relation to Dumbrigue's
admitted conduct. Accordingly, we reject the conditional guilty plea
agreement and remand this matter to the Southern Nevada Disciplinary
Board for further proceedings.
It is so ORDERS
Gibbons
1
Pickering Hardesty
Parraguirre
Cherry Saitta
2 Thisorder constitutes our final disposition of this matter. Any
further proceedings concerning Dumbrigue shall be docketed as a new
matter.
SUPREME COURT
OF
NEVADA
3
(0) 1947A
cc: Jeffrey R. Albregts, Chair, Southern Nevada Disciplinary Panel
David A. Clark, Bar Counsel
Michael J. Warhola, LLC
Kimberly Farmer, Executive Director, State Bar of Nevada
SUPREME COURT
OF
NEVADA
4
(0) 1947A 46*,