Opinion
No. 61942.
11-08-2012
In the Matter of Reinstatement of Stephen R. HARRIS, Bar No. 1463.
Lemons, Grundy & Eisenberg State Bar of Nevada/Las Vegas Thomas Susich, Chair, Northern Nevada Disciplinary Board.
Lemons, Grundy & Eisenberg
State Bar of Nevada/Las Vegas
Thomas Susich, Chair, Northern Nevada Disciplinary Board.
ORDER OF REINSTATEMENT
This is a petition for reinstatement to the practice of law by suspended attorney Stephen R. Harris. On February 24, 2012, this court suspended Harris from the practice of law for 3 years, with 2 years and 9 months stayed if Harris complied with certain conditions. In the Matter of Discipline of Stephen R. Harris, Docket No. 57507 (Order of Suspension, February 24, 2012). On May 24, 2012, Harris filed with the state bar a petition for reinstatement pursuant to SCR 116. On July 13, 2012, a hearing was commenced before a Northern Nevada Disciplinary Board reinstatement hearing panel. The hearing was continued to, and concluded on, September 27, 2012. The panel issued its findings of fact, conclusions of law and recommendation on October 16, 2012.
The panel found that Harris had complied with the prior disciplinary panel's recommendations, and concluded that he had demonstrated by clear and convincing evidence that he has the moral qualifications, competency and learning in law required for admission to practice law and that his resumption of the practice of law will not be detrimental to the integrity and standing of the bar, to the administration of justice, or to the public interest. The panel recommended that Harris's petition be granted, subject to the continuing terms and conditions of the previously-entered order of suspension. The panel further recommended that Harris be ordered to pay the costs of the proceedings within thirty days of Harris' receipt of the state bar's bill of costs.
Further, in a stipulation entered into by Harris and the state bar, Harris agreed to the imposition of two additional conditions: (1) that upon conclusion of the 3 year suspension, if Harris is restored to access to a client trust account, that he will notify the state bar in writing of that fact; and (2) that Harris will continue to abstain from the use of alcohol for so long as he remains a licensed attorney in the state of Nevada.
SCR 116(2) requires that an attorney seeking reinstatement must:
demonstrate[e] by clear and convincing evidence that he or she has the moral qualifications, competency, and learning in law required for admission to practice law in this state, and that his or her resumption of the practice of law will not be detrimental to the integrity and standing of the bar, to the administration of justice, or to the public interest.
Having reviewed the record, we conclude that clear and convincing evidence supports the panel's findings and conclusions. We therefore approve the panel's recommendation that the petition be granted subject to conditions previously imposed in the order of suspension. Accordingly, Stephen R. Harris is hereby reinstated to the practice of law, subject to the conditions set forth above, including payment of the cost of the proceedings within thirty days of the date of this order.
It is so ORDERED.