Opinion
No. 57529.
12-21-2011
Michael S. Rowe, Chair, Character & Fitness Committee Thomas D. Beatty, Chair, Functional Equivalency Committee Laura Gould, Admissions Director, State Bar of Nevada
Michael S. Rowe, Chair, Character & Fitness Committee
Thomas D. Beatty, Chair, Functional Equivalency Committee
Laura Gould, Admissions Director, State Bar of Nevada
ORDER DENYING PETITION
This is a petition for review of the recommendation of the Board of Bar Examiners that applicant Dana P. Oswalt be denied admission to the State Bar of Nevada without prejudice. SCR 64(2).
In July 2010, Oswalt passed the bar examination, but her admission to the State Bar of Nevada was continued at the request of the Board of Bar Examiners. On November 12, 2010, the Board held a formal hearing concerning the moral character and fitness of Oswalt. It issued a report on December 10, 2010, concluding that Oswalt failed to comply with SCR 51(1)(d) and recommending that her application for admission to the State Bar of Nevada be denied. On February 23, 2011, this court entered an order denying Oswalt admission to the State Bar of Nevada without prejudice.
While the Board's report was pending, on January 12, 2011, Oswalt filed the instant verified petition for review of the Board's recommendation to this court pursuant to SCR 64, and requested that this court admit her to the practice of law notwithstanding the Board's recommendation. After this court entered its order on February 23, 2011, Oswalt filed a motion for reconsideration of this court's order denying her admission, which was filed in this matter.
Having reviewed the instant petition and motion, this court concludes that no relief is warranted. Accordingly, the petition and motion are denied.
Oswalt also filed a second motion for reconsideration requesting that this court direct the Committee on Moral Character and Fitness to respond to her petition for review. Oswalt also sought clarification of this court's February 23, 2011, order. We determine that a response from the Committee is unnecessary, and our decision today renders Oswalt's second motion for reconsideration moot and it is thus denied. We do, however, clarify that Oswalt's admission to the State Bar of Nevada shall be denied without prejudice for a period of at least three years from the date of the entry of this court's February 23 order.
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It is so ORDERED.