IN RE: DISCIPLINE OF SUSANA SANTANA (2023)

ORDER STAYING INTERIM SUSPENSION AND REFERRING ATTORNEY TO THE SOUTHERN NEVADA DISCIPLINARY BOARD

This is a petition under SCR 111 concerning attorney Susana Santana based on a conviction for misdemeanor theft. Santana self-reported the conviction to the State Bar as required by SCR 111(2). See SCR 111(1) (providing that “conviction” includes a guilty verdict following a bench trial “regardless of whether a sentence is suspended or deferred or whether a final judgment of conviction has been entered”). At this time, Santana has been discharged from supervision upon satisfactorily completing the conditions imposed at sentencing.

Under SCR 111, we are required to temporarily suspend and refer an attorney for disciplinary proceedings based on a conviction for a “serious crime.” SCR 111(7), (8). A “serious crime” is defined in SCR 111(6) as a (1) felony and (2) any non-felony that meets certain requirements, such as “involv[ing] ․ theft.” ’ Thus, Santana has been convicted of a serious crime for which an immediate temporary suspension and referral for disciplinary proceedings is mandatory.

In a response to the petition, Santana acknowledges that the mandatory suspension and referral provisions in SCR 111 apply here. Santana argues, however, that there is good cause to set aside the suspension under SCR 111(7) and In re Discipline of Treffinger, 133 Nev. 153, 393 P.3d 1084 (2017). In particular, Santana explains the crime involved a package belonging to a neighbor that was mistakenly delivered to Santana's home, which she ultimately returned to the sender, and argues that the crime thus does not involve conduct that poses a danger to clients, the courts, or the public and is unlikely to result in significant discipline. Having considered Santana's arguments and the factors set forth in Treffinger, we agree that there is good cause to stay the interim suspension required by SCR 111(7).

Based on Santana's conviction for misdemeanor theft, we suspend Santana from the practice of law in Nevada pending final disposition of a disciplinary proceeding and refer this matter to the Southern Nevada Disciplinary Board. We stay the suspension conditioned on the absence of any further disciplinary offenses.

It is so ORDERED.

Stiglich, C.J.

Lee, J.

Bell, J.