Opinion
No. 60007.
06-21-2012
In the Matter of DISCIPLINE OF Juan P. RODRIGUEZ, Esq., Bar No. 10733.
David A. Clark, Bar Counsel State Bar of Nevada/Las Vegas Juan P. Rodriguez
David A. Clark, Bar Counsel
State Bar of Nevada/Las Vegas
Juan P. Rodriguez
ORDER DECLINING TO IMPOSE TEMPORARY SUSPENSION
This is a petition by bar counsel pursuant to SCR 111(4) concerning attorney Juan P. Rodriguez, based on Rodriguez's conviction in Las Vegas Township Justice Court, pursuant to a nolo contendere plea, of first-offense driving under the influence. Because Rodriguez's conviction is not one of those specifically discussed in SCR 111(6)-(8) as a “ ‘serious” crime requiring suspension and automatic referral to the disciplinary board, temporary suspension and referral to the disciplinary board are discretionary with this court. SCR 111(9).
Upon timely complying with all of the terms of the plea agreement. Rodriguez's charge was reduced to reckless driving. Rodriguez was subsequently found guilty of reckless driving.
The gravity of drinking and driving cannot be minimized; however, first-offense misdemeanor driving under the influence is not the type of offense for which professional discipline is typically imposed. See 2 Geoffrey C. Hazard, Jr., W. William Hodes & Peter R. Jarvis, The Law of Lawyering § 65.4 (3d ed.2012); In the Matter of Respondent I, 2 Cal. State Bar Ct. Rptr. 260, 266 n. 6, 272 (Rev.Dept.1993).
Accordingly, having considered the petition and the supporting documentation, we conclude that Rodriguez's offense does not warrant the imposition of a temporary suspension or referral to the disciplinary board at this time.
It is so ORDERED.