In re Discipline of Lerner, 124 Nev. 1232, 1246, 197 P.3d 1067, 1077 (2008)
(explaining that in determining the appropriate discipline, four factors
must be weighed: "the duty violated, the lawyer's mental state, the
potential or actual injury caused by the lawyer's misconduct, and the
existence of aggravating or mitigating factors").
Based on our review of the record, we conclude that the
agreed-upon discipline is sufficient in relation to Semenza's admitted
conduct. See State Bar of Nev. v. Claiborne, 104 Nev. 115, 213, 756 P.2d
464, 527 28 (1988) (explaining that the purpose of attorney discipline is to
-
protect the public, the courts, and the legal profession, not to punish the
attorney). In particular, although his conviction was for a "serious
offense," see SCR 111(6), the offense did not involve elements such as
intentional interference with the administration of justice, false swearing,
misrepresentation, or fraud that would warrant a more severe sanction or
longer suspension. See generally ABA Standards for Imposing Lawyer
Sanctions, Compendium of Professional Responsibility Rules and
Standards, Standards 5.11 and 5.12 (2015 ed.). We therefore conclude
that the guilty plea agreement should be approved. See SCR 113(1). We
hereby impose a one year suspension retroactive to March 27, 2015. 1
Additionally, Semenza shall pay the costs of the disciplinary proceedings,
excluding bar counsel and staff salaries, within 30 days of receipt of the
1 Due to the length of the suspension, Semenza will be required to
petition for reinstatement pursuant to SCR 116.
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State Bar's bill of costs. See SCR 120. The parties shall comply with SCR
115 and SCR 121.1.
It is so ORDERED.
Atirt gLAIM
Hardesty
C.J.
Parraguirre
J.
J. J.
Gibbons
SAITTA, J., dissenting:
Taking into consideration the nature of the criminal conduct,
and the aggravating and mitigating factors, I am not satisfied that a one-
year suspension retroactive to the date of the temporary suspension is
sufficient to protect the public. I therefore dissent as I would reject the
conditional guilty plea agreement.
J.
Saitta
cc: Chair, Southern Nevada Disciplinary Board
Wright Stanish & Winckler
Lawrence J. Semenza, II
Stan Hunterton, Bar Counsel, State Bar of Nevada
Kimberly Farmer, Executive Director, State Bar of Nevada
Perry Thompson, U.S. Supreme Court Admissions Office
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