IN RE: DISCIPLINE OF BRIAN J. SMITH (2023)

ORDER IMPOSING TEMPORARY SUSPENSION AND REFERRING ATTORNEY TO DISCIPLINARY BOARD

Bar counsel has filed a petition under SCR 111(4) informing this court that attorney Brian J. Smith has been convicted of reckless driving causing substantial bodily harm, a felony under NRS 484B.653(9), and driving under the influence, a misdemeanor under NRS 484C.400(1). Smith self-reported the convictions 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.¹ 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 ․”). Under SCR 111(6), a felony is a “serious crime.” Smith's conviction for reckless driving causing substantial bodily harm—a felony—thus requires a suspension and referral.

Accordingly, we suspend attorney Brian J. Smith from the practice of law in Nevada 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.²

Stiglich, C.J.

Lee, J.

Bell, J.

FOOTNOTES

1.   For purposes of SCR 111, a “conviction” includes a guilty plea “regardless of ․ whether a final judgment of conviction has been entered.” SCR 111(1).

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