Eldredge failed to respond to the complaint, and the panel proceeded on a
default basis with the charges deemed admitted. SCR 105(2). Eldredge
was served with the complaint and notice of the hearing date and time,
but he did not appear at the hearing. The panel concluded that counts 7
through 41 were established by clear and convincing evidence. 2
This court's automatic review of a disciplinary panel's findings
and recommendations is de novo. SCR 105(3)(b); In re Discipline of Stuhlt,
108 Nev. 629, 633, 837 P.2d 853, 855 (1992). "Although the
recommendations of the disciplinary panel are persuasive, this court is not
bound by the panel's findings and recommendation, and must examine the
record anew and exercise independent judgment." In re Discipline of
Schaefer, 117 Nev. 496, 515, 25 P.3d 191, 204 (2001). The State Bar has
the burden of showing by clear and convincing evidence that Eldredge
committed the violations charged. In re Discipline of Drakulich, 111 Nev.
1556, 1566, 908 P.2d 709, 715 (1995).
After reviewing the record of the disciplinary proceedings in
this matter, we conclude that clear and convincing evidence supports the
panel's findings that Eldredge committed the violations alleged in counts 7
through 41 of the complaint. We further conclude that the panel's
recommended discipline is appropriate considering the aggravating factors
(dishonest or selfish motive, pattern of misconduct, multiple offenses, bad
faith obstruction of the disciplinary proceeding, refusal to acknowledge the
wrongful nature of conduct, vulnerability of the victims, and indifference
to making restitution), SCR 102.5(1), and mitigating factors (absence of
2 The panel dismissed counts 1 through 6 due to the lack of evidence
establishing any violation of the Rules of Professional Conduct.
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prior disciplinary record and inexperience in the practice of law) identified
by the panel, SCR 102.5(2). While Eldredge challenges the panel's denial
of his request for a continuance of the formal hearing and his motion for
relief under NRCP 59, NRCP 60, and SCR 105(2), we conclude that those
decisions were not improper. Accordingly, attorney Anan Mark Eldredge
is hereby irrevocably disbarred. SCR 102(1). Additionally, Eldredge shall
pay the costs of the disciplinary proceeding within 30 days of receipt of the
State Bar's memorandum of costs, see SCR 120, and shall comply with
SCR 115. The State Bar shall comply with SCR 121.1.
It is so ORDERED.
•-etA, , C.J.
Hardesty
r—Pcu'- 11P")
'2 ,J
Parraguirre Douglas
Saitta
Gibbons Pickering
cc: Chair, Southern Nevada Disciplinary Board
Michael J. Warhola, LLC
Bar Counsel, State Bar of Nevada
Kimberly Farmer, Executive Director, State Bar of Nevada
Perry Thompson, Admissions Office, United States Supreme Court
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