IN THE SUPREME COURT OF THE STATE OF NEVADA
BRET 0. WHIPPLE, ESQ. No. 70219
Petitioner,
vs.
THE STATE BAR OF NEVADA, A
DIVISION OF THE SUPREME COURT FILED
OF NEVADA; KAIT FLOCCHINI, ESQ,
AN INDIVIDUAL IN HER OFFICIAL
JUN 2 3 2016
TRACE K LINDEMAN
CAPACITY; AND BARTH AARON, CLERK OF SUPREME COURT
ESQ., AN INDIVIDUAL IN HIS BY CS
DEPUTY C_Ell*
OFFICIAL CAPACITY.
Respondents.
ORDER DENYING PETITION
FOR WRIT OF MANDAMUS OR PROHIBITION
This is an original petition for a writ of mandamus or
prohibition challenging a decision of a Northern Nevada Disciplinary
-
Board hearing panel that denied petitioner's request to stay the
disciplinary proceedings pending final review of the NRCP 11 sanctions
matter in Docket No. 68668, out of which the disciplinary complaint arose.
Having reviewed the petition and appendix, we conclude that
petitioner has not demonstrated that our intervention by extraordinary
writ relief is warranted. See Pan u. Eighth Judicial Dist. Court, 120 Nev.
222, 228, 88 P.3d 840, 844 (2004). SCR 108 provides that a "complaint
shall not be deferred or abated because of substantial similarity to the
material allegations of pending criminal or civil litigation" unless good
cause is found by a three-member screening panel appointed under SCR
105(1). The hearing panel denied petitioner's stay request because it was
not timely presented to a screening panel and because petitioner did not
show good causeS supporting a stay. Petitioner has not demonstrated that
the hearing panel's decision was in excess of its jurisdiction or constituted
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an arbitrary or capricious exercise of discretion. See NRS 34.160; NRS
34.320; Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193,
197, 179 P.3d 556, 558 (2008). Accordingly, we decline to intervene in this
matter and we deny the petition. See NRAP 21(b)(1); Smith v. Eighth
Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (stating
that a petition for extraordinary writ relief is purely discretionary with
this court).
It is so ORDERED.
, J.
Douglas
J.
cc: Chair, Northern Nevada Disciplinary Panel
C. Stanley Hunterton, Bar Counsel, State Bar of Nevada
Justice Law Center
Barth Aaron
SUPREME COURT
OF
NEVADA
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