Opinion
No. 36260.
July 14, 2000.
ORDER GRANTED PETITION PURSUANT TO SCR 111
Bar counsel for the State Bar of Nevada has petitioned this court to review a judgment of conviction recently entered against attorney Christopher Maglaras, who was disbarred pursuant to this court's order of May 27, 1999. In re: Discipline of Christopher Maglaras, Docket No. 33867 (Order of Disbarment, May 27, 1999).
Bar counsel's petition is documented with a certified copy of a judgment of conviction entered against Maglaras on November 8, 1999. Maglaras was found guilty of two counts of theft, felonies in violation of NRS 205.0832 and 205.0835. Maglaras was sentenced to a maximum of sixty months and a minimum of twenty-four months in prison on each count, to be served concurrently. The sentence was suspended, and Maglaras was placed on probation for an indeterminate period not to exceed five years. Maglaras was also ordered to pay restitution in the amount of $56,542.90 and to complete sixteen hours of community service.
Bar counsel requests that this court enter an order conclusively establishing Maglaras's conviction of a serious crime warranting temporary suspension and referring this matter to a hearing panel of the Southern Nevada Disciplinary Board for formal proceedings at such time as Maglaras may petition for reinstatement to the practice of law.
Having reviewed the petition and the supporting documentation submitted by bar counsel, we conclude that the petition conclusively establishes Maglaras's conviction of a serious crime warranting temporary suspension. See SCR 111 (1), (2) and (3). However, it is not clear from the petition whether the conduct underlying the convictions is the same as the conduct that led to Maglaras's disbarment. Accordingly, we provisionally grant bar counsel's petition.
In the event that Maglaras should file a petition for reinstatement to the practice of law, and that the conduct upon which his conviction is based is different from the conduct that led to his disbarment, this matter shall be referred to a hearing panel of the Southern Nevada Disciplinary Board for the purpose of conducting formal disciplinary proceedings pursuant to SCR 111 (4). No petition for reinstatement may be considered until the disciplinary proceedings resulting from Maglaras's November 8, 1999, felony convictions are resolved. In the event that the conduct underlying the convictions and the disbarment is the same, no disciplinary proceedings shall be held with respect to the convictions at issue here.
This order constitutes our final disposition of this matter. Any further proceedings should be filed under a new docket number.