In Re: Discipline of Judith Braecklein ( 2015 )

 that Braecklein be suspended from the practice of law for six months and
one day and, as a condition of reinstatement, that Braecklein be required
to retake the MPRE and attend at least 3 hours of CLE specifically
relating to the handling of IOLTA trust accounts. Finally, the panel
recommended that Braecklein be required to pay the costs associated with
the proceedings, pursuant to SCR 120.
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 Braecklein committed
the violations charged. In re Discipline of Drakulich, 111 Nev. 1556, 1566,
908 P.2d 709, 715 (1995). In determining the appropriate discipline, this
court considers four factors: "the duty violated, the lawyer's mental state,
the potential or actual injury caused by the lawyer's misconduct, and the
existence of aggravating or mitigating factors." In re Discipline of Lerner,
124 Nev. 1232, 1246, 197 P.3d 1067, 1077-78 (2008).
While we conclude that clear and convincing evidence
supports the panel's findings of misconduct, we do not agree that the
panel's recommended discipline is commensurate with the misconduct
committed. Accordingly, we hereby suspend Judith Braecklein from the
SUPREME COURT
OF
NEVADA
2
(0) I94Th
practice of law for one year commencing from the date of this order. We
further approve the reinstatement conditions recommended by the hearing
panel with the added condition that restitution, if any, be paid in full.
Finally, Braecklein shall pay the costs associated with the disciplinary
proceedings within 30 days from her receipt of the State Bar's bill of costs,
see SCR 120, and shall comply with SCR 115 and SCR 116. The State Bar
shall comply with SCR 121.1.
It is so ORDERED.
,J
, J.
Gibbons Pickering
cc: Chair, Southern Nevada Disciplinary Board
Judith H. Braecklein
Bar Counsel, State Bar of Nevada
Kimberly K. Farmer, Executive Director, State Bar of Nevada
Perry Thompson, Admissions Officer, U.S. Supreme Court
SUPREME COURT
OF
NEVADA
3
(0) 1947.4 es.