State Bar requests for information, including but not limited to, copies of
bank statements and case lists; (b) shall not engage in any activity that
results in public discipline, including a letter of reprimand, during the
stayed suspension; (c) must continue participation in NA and AA and
attend at least two meetings a week; (d) shall abstain from drugs and
alcohol, except as prescribed by a Nevada licensed physician and filled by
a local pharmacy; (e) shall submit to random drug/alcohol testing during
the term of the stayed suspension, including urine or hair testing, at bar
counsel's discretion, within four hours of bar counsel's request and pay the
costs of any such tests; (f) shall promptly notify bar counsel about any
relapses in her recovery; (g) shall meet with her mentor twice each month
to discuss her calendar, her workload, her stress levels and how she is
managing them, her goals, and any other issues pertaining to her legal
practice; (h) shall waive any confidentiality privilege related to her
attendance at AA meetings through Lawyers Concerned for Lawyers
(LCL) to the extent that her attendance may be verified by an LCL
representative; (i) shall sign a HIPAA authorization to allow bar counsel
to obtain any medical reports related to her treatment to the extent
necessary for bar counsel to monitor whether the terms and conditions of
the plea are being adequately complied with; and (j) shall not be convicted
of any crime with the exception of minor traffic infractions that do not
involve alcohol or controlled substances. The agreement further requires
LaMadrid to pay the costs of the disciplinary proceeding, excluding bar
counsel and staff salaries.
The hearing panel approved the agreement. The panel found
that the mitigating circumstances listed in the plea agreement had been
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established (personal or emotional problems and mental or chemical
dependency). It also apparently considered the aggravating circumstances
listed in the plea agreement (prior disciplinary offenses, dishonest or
selfish motive, pattern of misconduct, and multiple offenses).
Based on our review of the record, we cannot approve the
guilty plea agreement. See SCR 113(1). Although the transcript of the
formal hearing indicates that the parties intended the stayed suspension
to commence upon LaMadrid's reinstatement to the practice of law
following her prior disciplinary suspension, see In re Discipline of Joslyn J.
LaMad rid, Docket No. 61137 (Order of Suspension, September 22, 2014),
the conditional guilty plea agreement and the panel's findings and
recommendation do not include that provision. 1 Additionally, although
the conditions set forth above appear to be appropriate, we are not
convinced that an 18-month stayed suspension is sufficient to protect that
public and the integrity of the bar by ensuring that LaMadrid is
rehabilitated and can remain clean and sober while managing the stress of
1 LaMadrid was suspended for failure to complete CLE requirements
on November 9, 2011, In re Application of Board of Continuing Legal
Education, Docket No. 58961 (Order Dismissing Petition as to Certain
Respondent Attorneys and Granting Petition as to Certain Respondent
Attorneys, November 9, 2011). The plea agreement and panel decision in
this case do not acknowledge that the prior one-year disciplinary
suspension would not commence until LaMadrid resolved her CLE
suspension. In re Discipline of Joslyn J. LaMadrid, Docket No. 61137
(Order of Suspension, September 22, 2014). This court's records do not
indicate that LaMadrid ever resolved the CLE suspension. It therefore
appears that the one-year disciplinary suspension has not yet commenced.
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practicing law. For these reasons, we reject the guilty plea agreement and
remand this matter for further proceedings before the Southern Nevada
Disciplinary Board.
It is so ORDERED.
tatiti
, C.J.
Hardesty
, J.
Gibbons Pickering
cc: Chair, Southern Nevada Disciplinary Board
Joslyn L. LaMadrid
Bar Counsel, State Bar of Nevada
Kimberly Farmer, Executive Director, State Bar of Nevada
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