Nevada Supreme Court, 2017

Scalia v. State Bar

Scalia v. State Bar
Nevada Supreme Court · Decided July 25, 2017

Scalia v. State Bar

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JOSEPH A. SCALIA, II, ESQ., No. 72109 Petitioner, vs. FILED THE STATE BAR OF NEVADA, A PUBLIC CORPORATION; JASON JUL 2 5 2017 DWORIN, BAR COUNSEL; ROBERT T SCHUMACHER, ESQ., PANEL CHAIR; (f AND SOUTHERN NEVADA DISCIPLINARY BOARD, Respondents.

ORDER DENYING PETITION This is an original petition for a writ of mandamus or prohibition challenging a disciplinary hearing panel chair's order denying petitioner's motion to set aside a default in an attorney discipline matter.

We are not persuaded that our extraordinary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). SCR 105(3) provides for our automatic review of hearing panel decisions recommending certain types of discipline, and makes an appeal available for all other types. Accordingly, if the hearing leads to discipline being imposed against him, petitioner has a plain, speedy, and adequate legal remedy in the form of such automatic review of or appeal from that discipline. See NRS 34.170; NRS 34.330; Pan, 120 Nev. at 224, 88 P.3d at 841. Because petitioner has otherwise failed to

SUPREME COURT OF NEVADA

(0) 1947A e' IR-2(408(1 demonstrate that our discretionary and extraordinary intervention is warranted, see NRS 34.160; NRS 34.320, we ORDER the petition DENIED.

J.

Douglas

tEga.nt\ J.

Hardesty

M40.4..0 , J.

Parraguirre Stiglich

cc: Chair, Southern Nevada Disciplinary Board Joseph A. Scalia, II C. Stanley Hunterton, Bar Counsel, State Bar of Nevada Kimberly K. Farmer, Executive Director, State Bar of Nevada Gordon & Rees Scully Mansukhani, LLP

SUPREME COURT OF NEVADA (0) 1947A 49;4?))

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