Nevada Supreme Court, 2022

In re: Reinstatement Of Kym S. Cushing

In re: Reinstatement Of Kym S. Cushing
Nevada Supreme Court · Decided August 19, 2022
In re: Reinstatement Of Kym S. Cushing

Opinion

Supreme Gourt

OF

Nevaba

COP INS? eSB p>

IN THE SUPREME COURT OF THE STATE OF NEVADA

IN THE MATTER OF No. 84959

REINSTATEMENT OF KYM S. - FILED

CUSHING, BAR NO. 4242. = AUG 19 2022

UP) E COMRT

BY ~

IEF DEPUTY CLERK

ORDER OF REINSTATEMENT

This is an automatic review of a Southern Nevada Disciplinary Board hearing panel’s unanimous recommendation to reinstate suspended attorney Kym S. Cushing. As no briefs have been filed, this matter stands submitted for decision. SCR 116(2).

This court suspended Cushing from the practice of law for nine months based on violations of RPC 3.4(c) (fairness to opposing party or counsel: knowingly disobeying an obligation under the rules of a tribunal), RPC 8.1(1) (bar disciplinary matters: knowingly making a false statement of material fact), and RPC 8.4(c) (misconduct: engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation). In re Discipline of Cushing, No. 78367, 2020 WL 521905 (Jan. 31, 2020) (Order of Suspension). Cushing has completed the suspension and complied with the disciplinary order’s conditions.

Based on our de novo review, we agree with the panel’s conclusion that Cushing has satisfied his burden in seeking reinstatement by clear and convincing evidence. See SCR 116(2) (providing that an attorney seeking reinstatement must demonstrate compliance with certain criteria “by clear and convincing evidence”); Application of Wright, 75 Nev. 12-259 70

SupRemMe Court

OF

NevabA

1) TPA

111, 112-13, 335 P.2d 609, 610 (1959) (reviewing a petition for reinstatement de novo). Accordingly, we hereby reinstate Kym 8S. Cushing to the practice of law in Nevada. Cushing shall pay the costs of the reinstatement proceeding, including $2,500 under SCR 120, within 90 days of the date of this order, if he has not done so already.

It is so ORDERED. )

“EAD rege al

Parraguirre

Hardesty Stiglich (opi. J. GS ZrorD J.

Cadish Silver

Peper itp A. LA ~~ 5

Pickering ) Herndon ec: Kym 5S. Cushing

Chair, Southern Nevada Disciplinary Board

Bar Counsel, State Bar of Nevada

Executive Director, State Bar of Nevada

Admissions Office, U.S. Supreme Court

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