IN THE SUPREME COURT OF THE STATE OF NEVADA
IN THE MATTER OF DISCIPLINE OF No. 84860 FILED
DOUGLAS C. CRAWFORD, BAR NO.
JUL 01 202
181.
BY
HIEF DEPUTY CLERK
ORDER GRANTING PETITION FOR TEMPORARY SUSPENSION AND
RESTRICTION ON ACCESS TO CLIENT FUNDS
This matter involves competing petitions regarding Nevada-
licensed attorney Douglas Crawford. Bar counsel has filed a petition under
SCR 102(4), asking this court to impose an immediate temporary
suspension and enjoin Crawford from making withdrawals from accounts
in which he is currently holding any client funds pending resolution of
formal disciplinary proceedings against him. Crawford opposes that
petition and alternatively petitions this court under SCR 117(3) to transfer
him to disability inactive status pending a determination as to whether he
is incapable of practicing law based on a disability due to mental or physical
infirmity, illness, or addiction. Bar counsel opposes Crawford's petition.
We first address Crawford's request under SCR 117(3). His
petition does not satisfy the requirements of that rule. In particular,
Crawford's petition does not argue, and his supporting mental health letters
do not establish, that the alleged disability incapacitates him from
defending against a disciplinary proceeding or investigation. See SCR
117(3) ("If, during the course of a disciplinary proceeding or investigation,
the attorney contends in a petition or joint petition filed with the supreme
court that he or she is suffering from a disability due to mental or physical
infirmity, illness, or addiction, which rnakes it impossible for the attorney to
adequately defend the disciplinary proceeding, the supreme court shall
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OF enter an order transferring the attorney to disability inactive status . . . ."
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(emphases added)). We therefore deny Crawford's petition for transfer to
disability inactive status.
Turning to bar counsel's petition under SCR 102(4), we grant
the petition. The petition and supporting documentation show that
Crawford "appears to be posing a substantial threat of serious harm to the
public." SCR 102(4)(b). In particular, he allegedly has engaged in conduct
over an extended period of time that violates RPC 1.8(j) (sexual relations
with a client), RPC 8.4(a) (violation or attempted violation of the RPC), and
RPC 8.4(b) (criminal act that reflects adversely on fitness as a lawyer).
Although Crawford argues that he currently does not pose a "substantial
threat" of harm because he has voluntarily ceased practicing law, we
disagree. Crawford's actions in that respect notwithstanding, they are
voluntary. Absent action by this court, he could resume the practice of law
at any time. The threat of harm to the public has not been abated. And the
potential harm he poses to the public is "serious." In particular, some of the
allegations involve sexual conduct toward clients in violation of RPC 1.8(j).
The allegations and supporting documentation thus satisfy SCR 102(4)(b).
We further conclude that Crawford's handling of client funds should be
restricted. See SCR 102(4)(c) (providing that the court may place
restrictions on an attorney's handling of funds entrusted to the attorney).
Accordingly, attorney Douglas C. Crawford is temporarily
suspended from the practice of law, pending the resolution of formal
disciplinary proceedings against him. In addition, pursuant to SCR
102(4)(c), we impose the following conditions on Crawford's handling of
funds entrusted to him: Crawford is prohibited from making withdrawals
from accounts in which he is currently holding any client funds, except upon
written approval of bar counsel.
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The State Bar shall immediately serve Crawford with a copy of
this order. Such service may be accomplished by personal service, certified
mail, delivery to a person of suitable age at Crawford's place of employment
or residence, or by publication. When served on either Crawford or a
depository in which he maintains any accounts holding client funds, this
order shall constitute an injunction against withdrawal of the proceeds
except in accordance with the terms of this order. See SCR 102(4)(c). The
parties shall comply with the provisions of SCR 115 and SCR 121.1.
It is so ORDERED.1
Parraguirre
/ J. Al;%-tie."4--)2 J.
Hardesty Stiglich
C&K J.
Cadish Pickering
Herndon
cc: Bar Counsel, State Bar of Nevada
Rob W. Bare
Chair, Southern Nevada Disciplinary Board
Executive Director, State Bar of Nevada
Admissions Officer, United States Supreme Court
1The Honorable Abbi Silver, Justice, voluntarily recused herself from
participating in this matter. This is our final disposition of this matter.
SUPREME COURT Any new proceedings shall be docketed under a new docket number.
OF
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