In Re: Discipline of Gary Myers ( 2015 )

 following conditions be considered by any reinstatement panel: (a) Myers
not practice law out of his house but in a law office; (b) Myers obtain a
mentor; (c) Myers not have access to trust account funds for a determined
period of time; (d) Myers have a bookkeeper or accountant maintain his
account; and (e) Myers should make a good faith effort to pay restitution
owed, but full repayment of restitution is not a prerequisite to filing a
petition for reinstatement. Finally, the panel recommended that Myers
pay the actual costs of the disciplinary proceedings, excluding Bar Counsel
and staff salaries, within 30 days of the receipt of a memorandum of costs
from the State Bar.
This court's automatic review of a disciplinary panel's findings
and recommendations is de novo, SCR 105(3)(b); In re Discipline of Stuhff,
108 Nev. 629, 633, 837 P.2d 853, 855 (1992), and therefore we "must
examine the record anew and exercise independent judgment," In re
Discipline of Schaefer, 117 Nev. 496, 515, 25 P.3d 191, 204 (2001).
Although we are not bound by the disciplinary panel's recommendations,
those recommendations are persuasive. Id. The State Bar has the burden
of showing by clear and convincing evidence that Myers committed the
violations charged. In re Discipline of Drakulich, 111 Nev. 1556, 1566, 908
P.2d 709, 715 (1995).
After reviewing the record, we conclude that clear and
convincing evidence supports the panel's findings of misconduct. We
further conclude that the panel's recommended discipline is appropriate
and approve the recommendation with one exception: payment of
restitution in full shall be a condition of reinstatement.
Accordingly, we suspend Myers from the practice of law for
four years, retroactive to February 24, 2012, the date of his temporary
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suspension. Additionally, during his suspension Myers shall comply with
the conditions set forth by the panel, as described above. Myers shall pay
restitution in full as a condition of reinstatement. Finally, Myers shall
pay the costs associated with the disciplinary proceedings within 30 days
of the receipt of a memorandum of costs from the State Bar. Myers shall
comply with SCR 115 and SCR 116. The State Bar shall comply with SCR
121.1.
It is so ORDERED.'
, C.J.
,J
Parraguirre Doug as-N
,J.
Saitta
Ackm.' J.
Gibbons Pickering
cc: Chair, Southern Nevada Disciplinary Board
Travis E. Shetler
Bar Counsel, State Bar of Nevada
Kimberly K. Farmer, Executive Director, State Bar of Nevada
Perry Thompson, Admissions Officer, U.S. Supreme Court
'With regard to Myers' request for submission without briefing and
to adopt the panel's recommendations, that request is moot.
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