TN THE MATTER OF DISCIPLINE OF MARK BOURASSA BAR NO 7999 v. << (2025)

ORDER IMPOSING RECIPROCAL DISCIPLINE

This is a petition under SCR 114 to reciprocally discipline attorney Mark J. Bourassa based on a public admonition from the Arizona State Bar for violations of the equivalent of RPC 1.15 (safekeeping property) and SCR 78 (maintenance of trust accounts) after a client trust account check for $19,998.98 was dishonored. In addition to the public admonition, the Arizona Supreme Court's Probable Cause Committee placed Bourassa on a two-year probation, required completion of a half-day trust account ethics program, imposed quarterly trust account record reviews, prohibited further ethical violations, and ordered payment of disciplinary proceeding costs. Bourassa responded to the SCR 114 petition apprising this court of his compliance with the Arizona discipline.

Under SCR 114(4), this court must impose identical reciprocal discipline unless the attorney demonstrates, or this court determines, that (1) the other jurisdiction failed to provide adequate notice, (2) “there was such an infirmity of proof establishing the misconduct” in the other jurisdiction that this court could not accept the decision of that jurisdiction, (3) the established misconduct warrants sufficiently different discipline in this jurisdiction, or (4) the established misconduct does not constitute misconduct under Nevada's professional conduct rules.

None of the exceptions to imposing reciprocal discipline apply. Because admonitions are private in Nevada, see SCR 102(1)(f), and prohibited in instances of misappropriated funds, see SCR 102(1)(f)(1), the admonition imposed in Arizona is the functional equivalent of a public reprimand in Nevada. See Standards for Imposing Lawyer Sanctions, Compendium of Professional Responsibility Rules and, Standards, Standard 4.13 (Am. Bar Ass'n 2023) (recommending reprimand “when a lawyer is negligent in dealing with client property and causes injury or potential injury to a client”). Accordingly, we grant the petition for reciprocal discipline and hereby publicly reprimand Mark J. Bourassa for violating RPC 1.15 (safekeeping property) and SCR 78 (maintenance of trust accounts) by failing to safekeep client property, converting and commingling client funds, failing to promptly distribute client funds, and failing to keep property separate from personal funds. The parties shall comply with SCR 115 and SCR 121.1.

It is so ORDERED.

Herndon, C.J.

Bell, J.

Stiglich, J.