In Re: Discipline of Evan Schwab ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
IN THE MATTER OF DISICIPLINE OF No. 70148
EVAN D. SCHWAB, BAR NO. 10984.
FOLED
MAY 1 1 2016
EK-VNDEMAN
ckEnActvumemisveauR
CHIEF DEPptY CrE
ORDER DECLINING TO IMPOSE TEMPORARY SUSPENSON
This is a petition under SCR 111 concerning attorney Evan
Schwab, based on a conviction for one count of driving under the influence,
a misdemeanor." Because the crime 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).
The seriousness of drinking and driving cannot be minimized,
however, 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, & Peter R. Jarvis, The Law of Lawyering,
'According to the petition and supporting documents, Schwab
pleaded guilty to the DUI charge in 2014 and, after he completed the
terms and conditions of the sentence, the charge was reduced to reckless
driving in 2015. Schwab apparently did not notify the State Bar as
required by SCR 111(2) because he did not realize that reckless driving fell
within the rule. However, the guilty plea in 2014 constituted a
"conviction" for purposes of SCR 111, see SCR 111(1), and since the guilty
plea was to a traffic violation that involved the use of alcohol or a
controlled substance, Schwab was required by SCR 111(2) to report the
conviction to the State Bar within 30 days.
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§ 69.04, at 69-13 (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
Schwab's offense does not warrant the imposition of a temporary
suspension or referral to a disciplinary board at this time.
It is so ORDERED.
J.
Hardesty
J.
cc: C. Stanley Hunterton, Bar Counsel, State Bar of Nevada
Schwab Law Group
Kimberly K. Farmer, Executive Director State Bar of Nevada
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