Elvis Was In The Building

The Nevada Supreme Court imposed a consecutive 24 months of an attorney who is already subject to an 18-month suspension

This is an automatic review of a Southern Nevada Disciplinary Board hearing panel’s recommendation that attorney Roy Laverne Nelson, III be suspended from the practice of law in Nevada for 24 months, based on violations of RPC 3.3(a) (candor toward the tribunal) and RPC 8.4(a)-(d) (misconduct). The panel recommends the suspension run consecutive to the 18-month suspension imposed on Nelson by this court in Matter of Discipline of Nelson, No. 88415, 2024 WL 5051419 (Nev. Dec. 9, 2024) (Order of Suspension).

The State Bar has the burden of demonstrating by clear and convincing evidence that Nelson committed the violations charged. In re Discipline of Dralutlich, 111 Nev. 1556, 1566, 908 P.2d 709, 715 (1995). Here, however, the facts and charges alleged in the complaints are deemed admitted because Nelson failed to answer the complaints and a default was entered against him.1 SCR 105(2). The record therefore establishes that Nelson violated the above-referenced rules. Nelson was charged with two misdemeanor counts of driving under the influence (DUI). Before a scheduled proceeding on the charges, Nelson told his attorney he would be unable to appear in court due to a significant health condition, knowing the attorney would make such representations to the court. The attorney did so, and the court continued the matter. Nelson, however, attended a different hearing as a spectator in the same building at the same time as the criminal proceeding. Nelson then did not attend the rescheduled proceeding, which was again continued, and Nelson was also absent at the following rescheduled date. Each time, Nelson misstated to his attorney that he was unable to attend due to a significant health condition, which the attorney represented to the court. Nelson also misstated to the attorney that Nelson would provide the attorney with proof of the health condition, and the attorney consequently represented to the court that such proof would be timely provided. No such proof was provided to the attorney or the court. Nelson was subsequently convicted of both DUI counts.

Sanction

Considering all the factors, we agree with the panel’s recommendation of a 24-month suspension, running consecutive to Nelson’s current suspension.

The case is IN THE MATTER OF DISCIPLINE OF ROY LAVERNE NELSON, III, No. 90457. (Mike Frisch)