In Re: Discipline of James Herbe ( 2014 )


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  •                     recommended that Herbe be suspended for two years and be required to
    pay the costs of the disciplinary proceedings within six months of receipt
    of the bill of costs.
    Although persuasive, the findings and recommendations of a
    panel of the Southern Nevada Disciplinary Board are not binding, and this
    court's automatic review of a panel's decision is conducted de novo. SCR
    105(3)(b); In re Discipline of Droz, 
    123 Nev. 163
    , 168, 
    160 P.3d 881
    , 884-85
    (2007). The panel's findings of misconduct must be supported by clear and
    convincing evidence. In re Discipline of Drakulich, 
    111 Nev. 1556
    , 1566,
    
    908 P.2d 709
    , 715 (1995).
    Having reviewed the record, we conclude that clear and
    convincing evidence supports the panel's findings that Herbe committed
    the violations alleged.   See SCR 105(2)(0. We further conclude that the
    panel's recommended discipline is appropriately tailored to Herbe's
    misconduct, and we approve the recommendation in its entirety.
    Accordingly, attorney James Herbe is hereby suspended from
    the practice of law for two years. However, we note that Herbe is
    currently suspended for failure to meet his Continuing Legal Education
    (CLE) requirements, and has been so suspended since July 2010. See In re
    Application of the Bd. of Continuing Legal Educ., Docket No. 56143 (Order
    Dismissing Petition as to Certain Respondent Attorneys and Granting
    Petition as to Certain Respondent Attorneys, July 21, 2010). In light of
    this, the suspension imposed in the instant order will not commence until
    after Herbe resolves his CLE suspension.    See SCR 213. As such, by the
    time Herbe is eligible to petition for reinstatement, he will have been
    continuously suspended for five years or more. Therefore, Herbe shall
    provide proof of successful completion of the Nevada State Bar
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A    ce).
    Examination, including the Multistate Professional Responsibility
    Examination, prior to any petition for reinstatement.         See SCR 116(5).
    Herbe shall pay the costs of the disciplinary proceedings within six
    months of receipt of the State Bar's bill of costs.     See SCR 120. Upon any
    attempted reinstatement, Herbe shall comply with SCR 116. Additionally,
    Herbe shall comply with SCR 115 and the State Bar shall comply with
    SCR 121.1
    It is so ORDERED.
    /n
    C.J.
    Gibbons
    A--Lt te2-4-        1      J.
    Pickering                                   Hardesty
    L&e,            , J.
    Parraguirre
    Cherry                                      Saitta
    cc: Jeffrey Albregts, Chair, Southern Nevada Disciplinary Board
    David A. Clark, Bar Counsel
    Kimberly K. Farmer, Executive Director, State Bar of Nevada
    James E. Herbe
    Perry Thompson, Admissions Office, United States Supreme Court
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A
    

Document Info

Docket Number: 63150

Filed Date: 11/10/2014

Precedential Status: Non-Precedential

Modified Date: 4/17/2021