In Re: Discipline of Marina Kolias ( 2015 )

 years and be required to pay the costs of the disciplinary proceedings,
excluding Bar Counsel and staff salaries. The panel further recommended
that reinstatement be conditioned on payment of full restitution to all
victims and to the Client Security Fund and a psychiatric evaluation by an
expert declaring that Kolias' gambling addiction is under control and that
she does not pose a threat to the public if allowed to practice law.
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, while the
panel's recommendations are persuasive, 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). The question before this court
is the appropriate discipline, as the parties stipulated below to the facts
and the rule violations. The purpose of attorney discipline is to protect the
public, the courts, and the legal profession, not to punish the attorney.
State Bar of Nev. v. Claiborne, 104 Nev. 115, 213, 756 P.2d 464, 527-28
(1988). In determining the appropriate discipline, this court has
considered four factors to be weighed: "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
Lerner, 124 Nev. 1232, 1246, 197 P.3d 1067, 1077 (2008).
Having reviewed the record, 2 we conclude that the mitigating
circumstances outweigh the aggravating circumstances, and as a result,
2 Kolias did not file an opening brief. As a result, this matter was
submitted for decision on the record without briefing or oral argument.
SCR 105(3)(b).
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the recommended five-year suspension is the appropriate discipline. We
further agree with the recommended conditions that Kolias must meet
before applying for reinstatement.
Accordingly, Kolias is suspended from the practice of law in
Nevada for five years commencing from the date of this order. Kolias
must petition for reinstatement under SCR 116. See SCR 102(2). She
must successfully complete the State Bar examination, see SCR 116(5),
and comply with the conditions set forth above before she will be
reinstated to the practice of law. Kolias shall pay the costs of the
disciplinary proceedings, excluding Bar Counsel and staff salaries, within
30 days of receipt of the State Bar's bill of costs. See SCR 120. The State
Bar shall comply with SCR 121.1.
It is so ORDERED.
Hardesty
itAst "f&tc C.J.
Parraguirre
Saitta
, J.
Gibbons Pickering
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cc: Chair, Southern Nevada Disciplinary Board
Michael J. Warhola, LLC
Marina Kolias
Bar Counsel, State Bar of Nevada
Kimberly Farmer, Executive Director, State Bar of Nevada
Perry Thompson, Admissions Office, U.S. Supreme Court
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