Opinion
No. 60386
07-26-2013
IN THE MATTER OF DISCIPLINE OF STANLEY A. WALTON, ESQ., BAR NO. 4784.
ORDER REJECTING CONDITIONAL GUILTY PLEA AND
REMANDING FOR FURTHER DISCIPLINAR Y PROCEEDINGS
This is an automatic review, pursuant to SCR 113, of a conditional guilty plea agreement involving attorney Stanley A. Walton. A Southern Nevada Disciplinary Board hearing panel recommended that we approve the agreement. Under the agreement, Walton admitted to one violation of RPC 1.4 (communication), two violations of RPC 1.5 (fees), one violation of RPC 1.8(a) (conflict of interest: current clients), three violations of RPC 1.15 (safekeeping property), one violation of RPC 3.3 (candor toward the tribunal), and two violations of RPC 8.4 (misconduct). Walton pleaded guilty in exchange for a five-year suspension with conditions including payment of restitution.
Seven other charges were dismissed under the agreement.
Having reviewed the record of the disciplinary proceedings and the attached exhibits, we reject the conditional guilty plea agreement. See SCR 113(1); In re Kenick, 100 Nev. 273, 275, 680 P.2d 972, 973-74 (1984). Assuming evidence can be presented establishing that Walton committed the acts of misconduct admitted in the conditional guilty plea, we view such acts as a serious breach of the Nevada Rules of Professional Conduct warranting the imposition of discipline greater than a five-year suspension. Because the hearing before the disciplinary panel was based on the conditional plea, the record is insufficient to determine the proper amount of discipline. Accordingly, we remand this matter to the Southern Nevada Disciplinary Board for further proceedings.
It is so ORDERED.
_______________, C.J.
Pickering
_______________, J.
Gibbons
_______________, J.
Hardesty
_______________, J.
Parraguirre
_______________, J.
Douglas
_______________, J.
Cherry
_______________, J.
Saitta
cc: Jeffrey D. Albregts, Chair, Southern Nevada Disciplinary Board
David A. Clark, Bar Counsel
Kimberly K. Farmer, Executive Director, State Bar of Nevada
Thomas F. Pitaro