Thursday, April 18, 2019

No Interim Suspension For Misdemeanor DUI Conviction

The Nevada Supreme Court declined to interim suspend an attorney convicted of misdemeanor DUI

This is a petition under SCR 111 concerning attorney Hera Armenian, based on a conviction for one count of driving under the influence, a misdemeanor. Armenian self-reported the conviction to the State Bar. Although the State Bar is not required to file a petition under SCR 111 upon being advised of an attorney's "first-time conviction for a misdemeanor traffic violation involving alcohol," SCR 111(4), the petition filed in this matter indicates that this is not Armenian's first such offense.

Our records confirm that Armenian has been previously convicted of a misdemeanor traffic violation involving alcohol. In re Discipline of Armenian, Docket No. 71741 (Order Declining to Impose Temporary Suspension, Dec. 15, 2016). Accordingly, bar counsel was required under SCR 111(4) to present this matter to a hearing panel before filing this petition. Bar counsel did so.

Because misdemeanor driving under the influence is not one of the crimes specifically enumerated in SCR 111(6) as a "serious" crime, temporary suspension and referral to the disciplinary board are discretionary with this court. SCR 111(9). Having considered the petition and supporting documentation, we conclude that Armenian's offense does not warrant the imposition of a temporary suspension at this time. And because bar counsel has presented this matter to a hearing panel as required by SCR 111(4), a separate referral to a disciplinary board is not necessary. The hearing panel shall proceed as proposed in the panel's order entered on March 13, 2019.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2019/04/the-nevada-supreme-court-declined-to-interim-suspend-an-attorney-convicted-of-misdemeanor-dui-this-is-a-petition-under-scr-1.html

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