Opinion
No. 64796
02-25-2014
IN THE MATTER OF DISCIPLINE OF JANA GILL, BAR NO. 8465
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER IMPOSING RECIPROCAL DISCIPLINE
This is a petition under SCR 114 to reciprocally discipline attorney Jana Gill, based on discipline imposed upon her in California. Gill did not self-report her California discipline as required by SCR 114(1), and she has not responded to the petition. See SCR 114(3). The California Supreme Court entered an order disbarring Gill from the practice of law in California on October 29, 2013.
Gill's California discipline was based on her violation of California Business and Professions Code Section 6106, which is essentially equivalent to RPC 8.4(c) (engaging in misconduct involving dishonesty, fraud, deceit, or misrepresentation). Specifically, Gill misappropriated $120,000 from a trust for which she was the trustee. Although she agreed to make restitution to the trust once her theft was discovered, she only made two restitution payments and then ceased making restitution. Gill stipulated to the facts and agreed that she violated Section 6106 of the California Business and Professions Code. In mitigation, the California panel noted Gill's cooperation with the proceedings. In aggravation, the hearing panel found that Gill caused significant harm to a client and was indifferent to making restitution.
SCR 114(4) provides that this court shall impose identical reciprocal discipline unless the attorney demonstrates, or this court finds, either: (a) there was a lack of due process in the other jurisdiction; (b) the decision of the other jurisdiction lacked fairness due to infirmity of evidence; (c) the misconduct deserves a punishment substantially different than that imposed by the other jurisdiction; or (d) the acts do not constitute misconduct in Nevada. Discipline elsewhere is res judicata, as SCR 114(5) also provides, "[i]n all other respects, a final adjudication in another jurisdiction that an attorney has engaged in misconduct conclusively establishes the misconduct for the purposes of a disciplinary proceeding in this state."
None of the exceptions are present in this case. Accordingly, we grant the petition for reciprocal discipline. Gill is hereby irrevocably disbarred from the practice of law in the state of Nevada. SCR 102(1). Gill and the Nevada State Bar shall comply with SCR 115 and SCR 121.1.
Gill is also delinquent in paying her Nevada bar dues, and has been suspended in Nevada since 2009.
It is so ORDERED.
____________________, C.J.
Gibbons
____________________, J.
Pickering
____________________, J.
Hardesty
____________________, J.
Parraguirre
____________________, J.
Douglas
____________________, J.
Cherry
____________________, J.
Saitta
cc: David A. Clark, Bar Counsel
Kimberly K. Farmer, Executive Director, State Bar of Nevada
Jana Gill
Perry Thompson, Admissions Office, United States Supreme Court