IN RE: DISCIPLINE OF CHRISTOPHER M. HENDERSON (2023)

ORDER IMPOSING TEMPORAR Y SUSPENSION AND REFERRING ATTORNEY TO DISCIPLINARY BOARD

Bar counsel has filed a petition under SCR 111(4) informing this court that attorney Christopher Henderson has been convicted of assault with a deadly weapon, a felony in violation of NRS 200.471. Henderson self-reported the conviction as required by SCR 111(2).

When a petition filed under SCR 111(4) establishes that an attorney has been convicted of a “serious crime,” this court is required to suspend the attorney pending a disciplinary proceeding and refer the attorney to the appropriate disciplinary board. SCR 111(7) (“Upon the filing with the supreme court of a petition with a certified copy of proof of the conviction, demonstrating that an attorney has been convicted of a serious crime, the court shall enter an order suspending the attorney ․ pending final disposition of a disciplinary proceeding ․”); SCR 111(8) (“Upon receipt of a petition filed under subsection 4 of this rule, demonstrating that an attorney has been convicted of a serious crime, the supreme court shall, in addition to suspending the attorney in accordance with the provisions of subsection 7 of this rule, refer the matter to the appropriate disciplinary board ․”). The documents included with the petition filed in this matter establish that Henderson has been convicted of a “serious crime.” See SCR 111(6) (providing that “serious crime” includes any felony). Thus, Henderson's interim suspension and referral for formal discipline follow automatically under SCR 111(7) and (8).

This court, however, may stay an interim suspension required under SCR 111(7) upon a showing of good cause. See In re Discipline of Treffinger, 133 Nev. 153, 157-58, 393 P.3d 1084, 1088 (2017). In an opposition to the petition filed in this matter, Henderson asserts there is good cause to stay any interim suspension otherwise required by SCR 111(7). We disagree. First, the circumstances of Henderson's offense are serious—he has been convicted of a category B felony involving the threat of violence with the use of a deadly weapon. Second, unlike in Treffinger where the attorney had been placed in a diversion program that could result in dismissal of the criminal charges such that he would avoid a final judgment of conviction, here a final judgment of conviction has been entered. Although the plea agreement provides that the charge will be reduced to a gross misdemeanor upon Henderson's successful completion of probation, he will still have a conviction. Finally, Henderson has been on probation for only a short period of time. Although the information provided to this court shows he has been compliant, we believe more time under supervision is needed to support a showing of good cause for a stay. Given these circumstances, we decline to stay the interim suspension required under SCR 111(7) at this time.

As required by SCR 111(7) and (8), we suspend attorney Christopher Henderson from the practice of law pending a disciplinary proceeding and refer him to the Southern Nevada Disciplinary Board for a hearing to determine “the extent of the discipline to be imposed.” SCR 111(8).

It is so ORDERED.¹

Stiglich, C.J.

Lee, J.

Bell, J.

FOOTNOTES

1.   This order constitutes our final disposition of this matter. Any further proceedings involving Henderson shall be docketed as a new matter.