The stated form of discipline in the revised conditional guilty
plea agreement provides for a 1-year stayed suspension with a 90-day
actual suspension and the following conditions: (1) probation for 2 years,
during which Dumbrigue must submit quarterly reports to the Bar, stay
out of trouble, and not be the subject of any grievances that result in
actual discipline; (2) as Dumbrigue already obtained a mental-health
evaluation, follow up with any recommendations and provide updates as to
treatment in the quarterly reports; (3) maintain a Bar-approved mentor to
monitor Dumbrigue's practice and submit quarterly reports to the Bar,
with the mentor ensuring that Dumbrigue has a proper accounting system
to track client fees and costs, that cases are properly filed and calendared,
and that Dumbrigue does not have more than 25 active bankruptcy cases
at any time; (4) complete a total of 10 additional CLE credits in the area of
office management and provide proof of attendance; (5) pay restitution in
the total amount of $4,859 within 1 year; 2 (6) 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; (7) submit quarterly
reports to the Bar detailing his place of employment, number of active
bankruptcy cases, areas of practice, restitution payments, treatment
progress (if recommended by medical expert), and any issues that may
have developed; and (8) pay the actual costs of the disciplinary
proceedings, excluding Bar Counsel and staff salaries, within 1 year.
2The 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; and Lucille Brown, $260.
SUPREME COURT
OF
NEVADA
2
(0) 1947A elA
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 conclude that the revised
conditional guilty plea should be approved in its entirety. See SCR 113(1).
We hereby impose a 1-year stayed suspension with an actual suspension of
90 days commencing from the date of this order. Additionally, Dumbrigue
must comply with all of the conditions in the plea agreement, as outlined
above. The parties shall comply with the applicable provisions of SCR 115
and SCR 121.1.
It is so ORDERED.
Lee-ct.1 , C.J.
Hardesty
Parraguirre
Gibbons
SUPREME COURT
OF
NEVADA
3
(0) 1947A me,
DOUGLAS and SAITTA, JJ., dissenting:
We would reject the conditional guilty plea agreement because
the stated form of discipline is insufficient in relation to Dumbrigue's
conduct. Accordingly, we dissent.
J.
J.
cc: Chair, Southern Nevada Disciplinary Board
Michael J. Warhola
Bar Counsel, State Bar of Nevada
Kimberly K. Farmer, Executive Director, State Bar of Nevada
Perry Thompson, Admissions Officer, U.S. Supreme Court
SUPREME COURT
OF
NEVADA
4
(0) 194'A 4e
In Re: Discipline of Gwynne Dumbrigue
Combined Opinion