Opinion
No. 59337.
11-21-2011
In the Matter of DISCIPLINE OF Jocelyne UY, Esq., Bar No. 9708.
David A. Clark, Bar Counsel Jeffrey R. Albregts, Chair, Southern Nevada Disciplinary Board Kimberly K. Farmer, Executive Director, State Bar of Nevada Jocelyne R. Uy Perry Thompson, Admissions Office, United States Supreme Court
David A. Clark, Bar Counsel
Jeffrey R. Albregts, Chair, Southern Nevada Disciplinary Board
Kimberly K. Farmer, Executive Director, State Bar of Nevada
Jocelyne R. Uy
Perry Thompson, Admissions Office, United States Supreme Court
ORDER OF REFERRAL TO DISCIPLINARY BOARD
Bar counsel for the State Bar of Nevada has filed a petition pursuant to the reporting requirements of SCR 111. The petition is supported by documentation indicating that on July 5, 2011, in the Justice Court of Las Vegas Township, attorney Jocelyne Uy, Bar No. 9708, entered a plea of nolo contendere to one count of misdemeanor engaging in a deceptive trade practice in violation of NRS 598.092(5)(d). Uy signed a civil confession of judgment in which she agreed to pay restitution to the victim in the amount of $110,000, and to reimburse the Secretary of State's office $6,316.47 in investigative costs. Uy self-reported her conviction pursuant to SCR 111(2).
The exhibits in support of the petition are not consecutively numbered. Failure to consecutively number the supporting documentation hampers this court's expeditious review of bar matters. Bar counsel is directed to submit future petitions with the pages of the supporting documentation consecutively numbered. See SCR 119(3) ; cf. NRAP 30(c)(1).
Pursuant to SCR 111, temporary suspension and referral to the appropriate disciplinary board are mandatory when an attorney has been convicted of a “serious” crime, but are within our discretion when an attorney has been convicted of a crime that does not qualify as “serious.” See SCR 111(6)-(9). We conclude that, on the record before us, there is insufficient information for us to determine whether the crime of which Uy stands convicted qualifies as “serious” under SCR 111(6). Therefore, it is within our discretion whether to refer Uy for disciplinary action. See SCR 111(9).
Having considered the matters set forth herein, we conclude that Uy's misdemeanor conviction of one count of engaging in a deceptive trade practice in violation of NRS 598.092(5)(d) does not qualify as a “minor” offense under SCR 111(9). Therefore, we refer this matter to the Southern Nevada Disciplinary Board for any action it deems warranted under rules pertaining to the conduct of attorneys. We decline to impose a temporary suspension at this time.
This order constitutes our final disposition of this matter. Any future proceedings concerning Uy shall be docketed as a new matter.
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