Opinion
No. 67896
09-25-2015
IN THE MATTER OF DISCIPLINE OF MARVIN WAYNE MURPHY, BAR NO. 518.
cc: Bar Counsel, State Bar of Nevada State Bar of Nevada/Reno Roberto Puentes
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 by bar counsel under SCR 111(4) concerning attorney Marvin Wayne Murphy, based on Murphy's conviction in Reno Municipal Court, pursuant to a nolo contendere plea, of one count of first-offense driving under the influence, a misdemeanor. Murphy informed bar counsel of his conviction. See SCR 111(2). Because Murphy's conviction 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 Murphy's offense does not warrant the imposition of a temporary suspension or referral to the 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
State Bar of Nevada/Reno
Roberto Puentes