Opinion
No. 53399.
September 2, 2009.
ORDER OF TRANSFER TO DISABILITY INACTIVE STATUS AND REFERRAL FOR EXAMINATION BY QUALIFIED MEDICAL EXPERT
Bar Counsel for the State Bar of Nevada and attorney John S. Rogers have jointly petitioned this court for a determination of competency and an order transferring Rogers to disability inactive status. Rogers and his counsel have signed the joint petition. The parties have stipulated that Rogers is currently disabled under SCR 117 and should be transferred to disability inactive status pending a determination regarding Rogers' capacity to continue to practice law.
Having reviewed the petition and the stipulations contained therein, we conclude that Rogers should be transferred to disability inactive status pending further determination by a qualified medical expert of Rogers' capacity to practice law. Accordingly, John S. Rogers is transferred to disability inactive status until further order of this court. Any pending disciplinary proceedings against Rogers are suspended. Pursuant to SCR 117(7), Rogers shall comply with the provisions of SCR 115.
Pursuant to SCR 117(2) and (3), within 30 days from the date of this order, Rogers shall, if he has not already done so since the filing of the petition, submit to examination by a Nevada-licensed medical expert for determination of his capacity to continue to practice law. Within thirty days of the State Bar's receipt of the medical expert's opinion, a hearing shall be set, if one has not already been set, pursuant to SCR 117(2).
The State Bar shall effect notice of this order as required under SCR 121.1. Bar counsel shall provide this court with proof that notice has been served.
It is so ORDERED.
HARDESTY, C.J.
PARRAGUIRRE, J.
DOUGLAS, J.
CHERRY, J.
SAITTA, J.
GIBBONS, J.
PICKERING, J.