In Re: Discipline of Stanley Walton ( 2014 )


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  •                  matters) (five violations), and RPC 8.4 (misconduct) (seven violations).
    The panel also found the following aggravating factors, pursuant to SCR
    102.5: dishonest or selfish motive; a pattern of misconduct; multiple
    offenses; bad faith obstruction of the disciplinary proceeding by
    intentionally failing to comply with rules or orders; submission of false
    evidence, false statements, or other deceptive practices during the
    disciplinary hearing; refusal to acknowledge the wrongful nature of his
    conduct; vulnerability of victim; substantial experience in the practice of
    law; indifference to making restitution; and illegal conduct. The panel
    found no mitigating factors. Based on these findings, the panel
    recommended that Walton be disbarred from the practice of law in Nevada
    and that he be required to pay the costs of the disciplinary proceeding.
    A decision of a panel of the Southern Nevada Disciplinary
    Board recommending disbarment is subject to automatic review by this
    court. SCR 105(3)(b). Although persuasive, the panel's findings and
    recommendations are not binding on this court. In re Discipline of Droz,
    
    123 Nev. 163
    , 168, 
    160 P.3d 881
    , 884 (2007). "This court must review the
    record de novo and exercise its independent judgment to determine
    whether and what type of discipline is warranted." Id. at 168, 
    160 P.3d at 884-85
     (quoting In re Discipline of Stuhff, 
    108 Nev. 629
    , 633, 
    837 P.2d 853
    ,
    855 (1992)). The panel's findings of misconduct must be supported by
    clear and convincing evidence.     In re Discipline of Drakulich, 
    111 Nev. 1556
    , 1566, 
    908 P.2d 709
    , 715 (1995).
    SCR 105(2) provides that if an attorney fails to plead in
    response to a State Bar complaint, the charges shall be deemed admitted.
    We conclude that the allegations in the third, fourth, and fifth complaints
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    are deemed admitted.' We further conclude that clear and convincing
    evidence supports the panel's findings. Finally, we conclude that the State
    Bar's recommended discipline is appropriate in light of the severe nature
    of Walton's misconduct.
    Accordingly, we disbar Walton from the practice of law in
    Nevada. Such disbarment is irrevocable.         See SCR 102(1). Further,
    Walton shall pay the costs of the disciplinary proceedings within 30 days
    of receipt of the Nevada State Bar's bill of costs. See SCR 120.
    It is so ORDERED.
    C.J.
    Gibbons
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    Walton filed answers to the first and second complaints denying
    any misconduct. He failed to respond to these matters once this court
    remanded them for further development. Nevertheless, this court
    reviewed the answers prior to deciding this matter. He also failed to
    answer the third, fourth, and fifth complaints or attend the disciplinary
    hearing.
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    cc: Jeffrey R. Albregts, Chair Southern Nevada Disciplinary Panel
    David Clark, Bar Counsel
    Stanley A. Walton
    • Kimberly Farmer, Executive Director, State Bar of Nevada
    Perry Thompson, Admissions Office, U.S. Supreme Court
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Document Info

Docket Number: 64914

Filed Date: 6/11/2014

Precedential Status: Non-Precedential

Modified Date: 10/30/2014