LESLIE MARK STOVALL v. SANDRA DIGIACOMO ESQ HEARING PANEL CHAIR (2024)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This original petition for a writ of mandamus or prohibition challenges hearing panel chair rulings in an attorney discipline matter. Petitioner has also filed emergency motions for stay of an upcoming hearing and the disciplinary proceedings pending our consideration of this petition.

Having considered the petition and supporting documents,¹ we are not persuaded that our extraordinary intervention is warranted. Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to grant relief). Subject to very few exceptions, we generally decline to exercise our discretion to entertain writ petitions that challenge orders resolving motions to dismiss or for summary judgment. Smith v. Eighth Jud. Dist. Ct., 113 Nev. 1343, 1344-45, 950 P.2d 280, 281 (1997). We decline to deviate from that rule here, particularly because petitioner has a plain, speedy, and adequate legal remedy that precludes writ relief. SCR 105(3) (providing for this court's review of hearing panel recommendations to publicly reprimand, suspend, or disbar an attorney); NRS 34.170; Pan, 120 Nev. at 224, 88 P.3d at 841. Accordingly, we

ORDER the petition DENIED.²

Cadish, C.J.

Stiglich, J.

Herndon, J.

FOOTNOTES

1.   We note that, although some documents were attached to petitioner's emergency motion for stay, no appendix to the petition has been filed. This constitutes an additional basis for denying the petition. NRAP 21(a)(4). Petitioner's motion to file certain documents under seal is denied as moot.

2.   In light of this order, petitioner's emergency motions for stay are denied as moot.