SWANSON v. LLC (2022)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This original petition for a writ of mandamus or prohibition challenges a district court order granting a motion to compel production of an affidavit relating to petitioner's consensual disbarment from the District of Columbia Bar.

Having considered the petition and supporting documentation, we are not convinced that our extraordinary and discretionary intervention is warranted. See Pan v. Eighth Judicial Dist. Court, 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 Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). In particular, petitioner has not demonstrated that the district court manifestly abused its discretion or lacked jurisdiction when granting the motion to compel. NRS 34.160; NRS 34.320; Agwara v. State Bar of Nev., 133 Nev. 783, 785, 406 P.3d 488, 491 (2017); see D.C. Bar Rule XI, § 12(c) (permitting an attorney to consent to the disclosure of an affidavit required prior to disbarment by consent); Wardleigh v. Second Judicial Dist. Court, 111 Nev. 345, 355-56, 891 P.2d 1180, 1186-87 (1995) (discussing at-issue implied waiver). Accordingly, we

ORDER the petition DENIED.¹

FOOTNOTES

1.   In light of this order, petitioner's emergency motion for stay is denied as moot.