Opinion
No. 68485
09-11-2015
IN THE MATTER OF DISCIPLINE OF TIMOTHY P. ELSON, BAR NO. 11559.
cc: Bar Counsel, State Bar of Nevada Timothy P. Elson
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DECLINING TO IMPOSE TEMPORARY SUSPENSION
This is a petition under SCR 111 concerning attorney Timothy P. Elson, based on a conviction for one count of driving under the influence, a misdemeanor. Elson self-reported the conviction to the State Bar. Because the crime is not one of those specifically enumerated in SCR 111(6) as a "serious" crime, temporary suspension and referral to the disciplinary board are discretionary with this court. SCR 111(9).
Although the seriousness of drinking and driving cannot be minimized, first-offense driving under the influence is not the type of offense for which professional discipline is typically imposed. 2 Geoffrey C. Hazard, Jr. & W. William Hodes, The Law of Lawyering, § 69.04 (4th ed. 2015); 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 supporting documentation, we conclude that Elson's offense does not warrant the imposition of a temporary suspension or referral to a disciplinary board at this time.
It is so ORDERED.
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
cc: Bar Counsel, State Bar of Nevada
Timothy P. Elson