In Re: Discipline of James Herbe ( 2014 )

 recommended that Herbe be suspended for two years and be required to
pay the costs of the disciplinary proceedings within six months of receipt
of the bill of costs.
Although persuasive, the findings and recommendations of a
panel of the Southern Nevada Disciplinary Board are not binding, and this
court's automatic review of a panel's decision is conducted de novo. SCR
105(3)(b); In re Discipline of Droz, 123 Nev. 163, 168, 160 P.3d 881, 884-85
(2007). 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).
Having reviewed the record, we conclude that clear and
convincing evidence supports the panel's findings that Herbe committed
the violations alleged. See SCR 105(2)(0. We further conclude that the
panel's recommended discipline is appropriately tailored to Herbe's
misconduct, and we approve the recommendation in its entirety.
Accordingly, attorney James Herbe is hereby suspended from
the practice of law for two years. However, we note that Herbe is
currently suspended for failure to meet his Continuing Legal Education
(CLE) requirements, and has been so suspended since July 2010. See In re
Application of the Bd. of Continuing Legal Educ., Docket No. 56143 (Order
Dismissing Petition as to Certain Respondent Attorneys and Granting
Petition as to Certain Respondent Attorneys, July 21, 2010). In light of
this, the suspension imposed in the instant order will not commence until
after Herbe resolves his CLE suspension. See SCR 213. As such, by the
time Herbe is eligible to petition for reinstatement, he will have been
continuously suspended for five years or more. Therefore, Herbe shall
provide proof of successful completion of the Nevada State Bar
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Examination, including the Multistate Professional Responsibility
Examination, prior to any petition for reinstatement. See SCR 116(5).
Herbe shall pay the costs of the disciplinary proceedings within six
months of receipt of the State Bar's bill of costs. See SCR 120. Upon any
attempted reinstatement, Herbe shall comply with SCR 116. Additionally,
Herbe shall comply with SCR 115 and the State Bar shall comply with
SCR 121.1
It is so ORDERED.
/n
C.J.
Gibbons
A--Lt te2-4- 1 J.
Pickering Hardesty
L&e, , J.
Parraguirre
Cherry Saitta
cc: Jeffrey Albregts, Chair, Southern Nevada Disciplinary Board
David A. Clark, Bar Counsel
Kimberly K. Farmer, Executive Director, State Bar of Nevada
James E. Herbe
Perry Thompson, Admissions Office, United States Supreme Court
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