Gage acknowledged the wrongfulness of his conduct and assured the panel
that he would not engage in such misconduct in the future. Although the
State Bar indicated at the conclusion of the hearing that it did not oppose
Gage's reinstatement and the panel found that Gage had met his burden
of demonstrating by clear and convincing evidence that he has the
competency and learning of the law as required by SCR 116(2), a majority
of the panel concluded that Gage failed to meet his burden to show by
clear and convincing evidence that he has the moral qualifications
required for reinstatement and that allowing him to resume the practice of
law would be a "detriment to the integrity and standing of the bar and to
the administration of the bar." Accordingly, by a 3-2 vote, the panel
recommended that Gage's petition for reinstatement be denied.
This court's automatic review of a disciplinary panel's findings
and recommendations is de novo, SCR 105(3)(b); In re Discipline of Stuhff,
108 Nev. 629, 633, 837 P.2d 853, 855 (1992), and therefore we "must
examine the record anew and exercise independent judgment," In re
Discipline of Schaefer, 117 Nev. 496, 515, 25 P.3d 191, 204 (2001).
Although we are not bound by the disciplinary panel's recommendations,
those recommendations are persuasive. Id.
Having reviewed the record, we agree with the panel that
clear and convincing evidence demonstrates that Gage has the moral
qualifications, competency, and learning in law required for admission to
practice law in this state, but we disagree that his resumption of the
practice of law would be detrimental to the integrity and standing of the
bar, to the administration of justice, or the public trust. Gage has
acknowledged the wrongfulness of his conduct, accepted responsibility,
and satisfied all conditions of the imposed discipline, and the evidence
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presented at the hearing indicates that he is still held in high esteem by
members of the public. Based on our de novo review, we conclude that
Gage has met his burden under SCR 116(2). Accordingly, Noel Gage is
hereby reinstated to the practice of law.
It is so ORDERED.'
, C.J.
Hardesty
\ Do Loo J.
Douglis
Sitti€ J. J.
Saitta Gibbons
cc: Chair, Southern Nevada Disciplinary Board
Bailey Kennedy
Bar Counsel, State Bar of Nevada
Kimberly Farmer, Executive Director, State Bar of Nevada
Perry Thompson, Admissions Office, United States Supreme Court
'The Honorable Kristina Pickering, Justice, voluntarily recused
herself from participation in the decision in this matter.
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