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IN RE: DISCIPLINE OF GARY LEE GUYMON, BAR NO. 3726.
ORDER GRANTING PETITION FOR TEMPORARY SUSPENSION AND RESTRICTION ON ACCCESS TO CLIENT FUNDS
This matter involves two competing petitions regarding Nevada-licensed attorney Gary Lee Guymon. The Bar has filed a petition under SCR 102(1)(d), asking this court to temporarily suspend Guymon from the practice of law in Nevada and enjoin Guymon from making withdrawals from accounts in which Guymon is currently holding any client funds pending resolution of formal disciplinary proceedings. Guymon has filed a petition for an order transferring him to disability inactive status under SCR 117(3), in which Guymon contends that he is suffering from a disability due to mental health and addiction problems that makes it impossible to adequately defend against the investigation and any potential disciplinary proceedings. The Bar opposes Guymon's petition.
We first address Guymon's request under SCR 117(3). Guymon's petition and supporting mental health letter are facially inadequate to support a contention that Guymon presently suffers from a disability which incapacitates Guymon from practicing law. See SCR 117(3) (“If the court determines that the attorney is not incapacitated from practicing law, it shall take such action as it deems necessary, including a direction for the resumption of the disciplinary proceeding against the attorney.”). Among other things. Guymon's supporting mental health letter consists of a half-page cursory opinion from a psychologist who interviewed Guymon on February 6 and 7, the latter of which is the same day Guymon filed the SCR 117(3) petition (and just three days after his arrest) that simply reiterates the standard and provides vague background suggesting Guymon is not presently experiencing a significant depressive episode. We therefore deny Guymon's petition for transfer to disability inactive status.
Turning to the Bar's SCR 102(1)(d) petition, we grant the petition. The petition and supporting documentation show that Guymon “appears to be posing a substantial threat of serious harm to the public.” SCR 102(1)(d)(2). In particular, Guymon has been arrested on charges of (1) solicitation to commit murder, (2) sex trafficking of an adult, (3) pandering (three charges), (4) conspiracy to commit murder, (5) perjury, (6) coercion with force or threat of force – sexually motivated; and (7) bribing or intimidating a witness to influence testimony (three charges). These charges all relate to allegations of conduct by Guymon involving clients. The allegations and supporting documentation thus satisfy SCR 102(1)(d)(2). We further conclude that Guymon's handling of client funds should be restricted. See SCR 102(1)(d)(3) (stating that the court may place restrictions on an attorney's handling of funds entrusted to the attorney).
Accordingly, attorney Gary Lee Guymon is temporarily suspended from the practice of law, pending the resolution of any disciplinary investigation and formal disciplinary proceedings against him. Guymon is precluded from accepting new cases or continuing to represent existing clients immediately upon service of this order. See SCR 102(1)(d)(3) (providing 15-day period to wind down representation of existing clients “unless the court orders otherwise”). In addition, pursuant to SCR 102(1)(d)(3), we impose the following conditions on Guymon's handling of funds entrusted to him; Guymon is prohibited from making any withdrawals from accounts in which he is currently holding any client funds, except upon written approval of bar counsel.
The Bar shall immediately serve Guymon with a copy of this order. Such service may be accomplished by personal service, certified mail, delivery to a person of suitable age at Guymon's place of employment or residence, or by publication. When served on either Guymon, or a depository in which Guymon maintains any accounts holding client funds, this order shall constitute an injunction against withdrawal of the proceeds except in accordance with the terms of this order. SCR 102(1)(d)(3). The parties shall comply with the provisions of SCR 115 and SCR 121.1.
It is so ORDERED.1
Herndon, C.J.
Pickering, J.
Parraguirre, J.
Bell, J.
Stiglich, J.
Cadish, J.
Lee, J.
FOOTNOTES
1. This is our final disposition of this matter. Any new proceedings shall be docketed under a new docket number.
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Docket No: No. 90079
Decided: February 24, 2025
Court: Supreme Court of Nevada.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)