In re: Discipline of Randolph Goldberg

The findings and recommendations of a disciplinary hearing panel, though persuasive, are not binding on this court. In re Discipline of Stuhff, 108 Nev. 629, 633, 837 P.2d 853, 855 (1992). The automatic review of a panel decision recommending a suspension is conducted de novo, requiring the exercise of independent judgment by this court. Id.; see SCR 105(3)(b).

Based on our review of the record, the suspension recommendation is insufficient in relation to Goldberg's admitted conduct. Accordingly, we reject the conditional guilty plea agreement and remand this matter to the Southern Nevada Disciplinary Board for further proceedings.

It is so ORDERED.

Hardesty Parraguirre tfi

J. Saitta

Gibbons cc: Chair, Southern Nevada Disciplinary Board

Michael J. Warhola, LLC Bar Counsel, State Bar of Nevada

SUPREME COURT

OF NEVADA

AP 1 ,147A TER#D