17.Purpose.The purposes of character and fitness screening before admission to the bar are the protection of the public, the efficient administration of the system of justice, and the protection of the reputation of the legal profession. The lawyer licensing process is incomplete if only testing for minimal competence is undertaken. The public is protected better by a system that attempts to evaluate character and fitness as those elements relate to the practice of law. The public interest to be served is that those who are admitted to the bar are worthy of the trust and confidence that clients may reasonably place in their lawyers.18.Duty.This C & F Committee is a subcommittee of the board and is responsible to the Court to administer character and fitness screening by appropriate investigation.19.Development and Publication of Standards.Character and fitness standards are articulated and published herein and are approved by the court. Standards are to be applied in a consistent manner.20.The Investigative Process.The burden of producing information always remains on the applicant. The applicant, upon making application for admission, authorizes the state bar, and its agency and representatives, to acquire from any source any information it may request concerning the applicant's professional, academic and moral character and fitness qualifications and shall consent to the disclosure of all such information pursuant to any request by the applicant's law school(s), any state bar, bar association, the National Conference of Bar Examiners or other admitting authority.A.Authorization and Release. Each investigation is initiated by requiring the applicant to execute under oath a thorough application and to sign an authorization and release form that extends to the board and its subcommittees, the state bar, and its agency or representatives, and to any persons or institutions supplying information thereto.B.Further Inquiry. The applicant may be asked to provide facts and/or explanations, in addition to the questions asked on the bar application. In order to verify the accuracy of the information provided in the application, or to obtain additional information, the committee may also contact the applicant's references, the applicant's employers, colleges and law schools, courts, medical providers, police agencies, credit agencies, and the military, if the applicant has served in the Armed Forces, or any other source deemed relevant. The committee can employ its own investigator and/or may use the investigative services of the National Conference of Bar Examiners. The board, in its discretion, may refuse to permit an applicant whose application complies with the requirements of S.C.R 52 to take the bar examination if the board has not completed its investigation into the applicant's moral character or fitness for admission. If the applicant subsequently receives final approval of the board, the applicant shall be permitted to take the bar examination next following such approval without submission of further fees or applications, except as the board, in its discretion may order.
C.Review and Recommendation by the Director of Admissions. The director of admissions shall review each application for admission to determine whether it has been completed and filed in compliance with the requirements of S.C.R 51 through S.C.R 55. After thorough investigation, the director may determine that the application is complete and that the applicant has demonstrated that he/she possesses the requisite moral character and fitness required to practice law in the State of Nevada and recommend to the board that the applicant be cleared for character and fitness. If the director determines that information within the application warrants further review by the C & F Committee, the director shall refer the application to the chair of the C & F Committee with a recommendation that the applicant be cleared or that a formal hearing or an informal hearing, or an informal interview, be conducted with the applicant to determine if the applicant has failed to demonstrate good moral character, or mental or emotional fitness to practice law. The chair of the C & F Committee may accept the director's recommendation and proceed accordingly, or, may make such other determinations as the chair, in his/her sole discretion, deems appropriate. [As amended; effective August 24, 2015.]
21.Standard of Character and Fitness.A lawyer should be one whose record of conduct justifies the trust of clients, adversaries, courts and others with respect to the professional duties owed to them A record manifesting a deficit in the honesty, trustworthiness, diligence or reliability of an applicant may form the basis for denial of admission with or without prejudice.22.Relevant Conduct. The discovery of any of the following may be considered by the C & F Committee in determining character and fitness to practice law: * unlawful conduct
* academic misconduct
* false statements, including omissions
* misconduct in employment
* acts involving dishonesty, fraud, deceit or misrepresentation
* abuse of process
* neglect of financial responsibilities, including student loans
* failure or neglect of child and/or spousal support
* neglect of professional obligations
* violation of an order of a court or other tribunal
* contempt of court
* conduct or behavior that could call into question the applicant's ability to practice law in a competent, ethical, and/or professional manner or renders the applicant unfit to practice law
* substance or alcohol dependency or abuse
* denial of admission to, or suspension from, the bar in another jurisdiction
* disciplinary action by a lawyer disciplinary agency or other professional disciplinary or licensing authority of any jurisdiction.
[As amended; effective August 24, 2015.]
23.Use of Information. The determination of the C & F Committee shall be as to the current character and fitness of an applicant and may include consideration of the following: * the applicant's age at the time of the conduct
* the time elapsed between the conduct and the application
* the reliability of the information concerning the conduct
* the seriousness of the conduct
* the cumulative effect of conduct or information
* the evidence of rehabilitation
* the applicant's positive social contributions since the conduct
* the applicant's candor in the admissions process
* the materiality of any omissions or misrepresentations.
The investigation conducted by the C & F Committee is to be thorough in every aspect and concluded as expeditiously as possible. Information may be developed in the course of the investigation that is not germane to the question of licensure, which will be disregarded. Conduct that is merely controversial or a disability that is not relevant to character and fitness for law practice shall not be considered.
24.Rehabilitation. The C & F Committee's standard for admission is current good character and fitness. Rehabilitation is an important factor the C& F Committee uses to determine whether past problems should lead to denial of admission. Generally, the C & F Committee will assess whether the problems of the past continue and, if they do not, whether the applicant's life has changed in ways that suggest the problems are unlikely to recur. To prove rehabilitation, an applicant must show some positive contribution to society; in most cases it is not enough that an applicant led a blameless life since the prior problems.[1]
25.Substance or Alcohol Abuse or Dependency, or Treatment for Ether. Because conduct related to substance or alcohol dependency or abuse is one of the "relevant conduct" factors about which the C & F Committee must inquire, applicants should be prepared to provide treatment records, as well as other records of incidents which were associated with the addictive behavior. The C & F Committee may, in its discretion, require an applicant to undergo an alcohol and/or substance abuse or dependency assessment by a qualified and certified specialist at the applicant's expense and to submit a written report therefrom This specialist shall be selected from the approved list of the C & F Committee and shall practice in the State of Nevada.26.Counseling/Treatment/Recowry.If an applicant has a problem with drugs or alcohol, he/she is strongly encouraged and may be required to seek counseling or treatment needed. An applicant's recognition of the problem and his/her treatment record may be evidence of recovery to be positively considered by the C & F Committee. The C & F Committee encourages active participation in a recovery pro gram where appropriate. [As amended; effective August 24, 2015.]
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27.Psychiatric or Psychological Counseling. The C & F Committee may inquire into an applicant's mental health status only when self-disclosed by the applicant or when information is obtained after inquiry by the C& F Committee into past or present conduct or behavior that brings into question the applicant's mental health, including, without limitation, past drug or alcohol-related activities or arrests. The medical records of an applicant's currently treating licensed professional will carry significant weight when reviewed by the C & F Committee. Independent medical examinations for mental health issues will be considered only when no other means reasonably exist to determine whether the applicant's mental health calls into question whether he/she has the requisite character and fitness to practice law in the state. The C & F Committee recognizes that the stresses of law school, as well as other life factors, frequently result in applicants seeking psychiatric or psychological counseling. Again, the C & F Committee encourages applicants to obtain such counseling or treatment. An applicant should not allow a future bar application to color that decision. Only those forms of mental or emotional problems which are untreated and have resulted in conduct or behavior that have been determined to have an adverse impact on the applicant's ability to practice law will trigger an investigation or have an impact on bar admission decisions.
There will not be any specific questions on the Application for Admission regarding whether an applicant has had professional counseling, treatment, and medication so as not to invade unnecessarily the applicant's privacy or to discourage applicants from seeking professional assistance, although the C & F Committee may inquire into an applicant's mental health or treatment if self-disclosed by the applicant or if the information arises out of inquiries into past or present conduct or behavior which call into question an applicant's ability to practice law in this state. Occasional short-term counseling for relationship problems or situational stress, or if an applicant is being successfully treated for mental illness by a licensed professional, standing alone, are generally not reasons for further inquiry. The director of admissions will not seek mental health treatment records without first notifying the applicant and obtaining the proper medical authorization and release form from the applicant.
[As amended; effective August 24, 2015.]
28.Arrests. There are many reasons why arrests do not result in convictions, and some of which may have no bearing on guilt or innocence. The C & F Committee inquires into all areas of possible relevant applicant misconduct. Applicants are required to report all incidents, irrespective of the disposition, and to provide evidence of rehabilitation and current good character. An acquittal or dismissal is relevant, but not dispositive. Applicants maintain the obligation to be completely forthright regarding all matters about which the committee inquires.29.Financial Irresponsibility. The C & F Committee recognizes that law students and attorneys sometimes have financial problems associated with the expense of law school, or with ongoing family obligations. It also recognizes that mishandling of client funds is a frequent and serious cause for professional discipline. The C & F Committee is interested in whether applicants have dealt honestly and responsibly with creditors, and whether they are doing so at the time of application. Responsible dealings may include maintaining contact with the creditor(s), making timely payments or arrangements, or reaffirming the underlying obligation. The C & F Committee may, in its discretion, require an applicant to undergo an evaluation by a credit counselor at the applicant's expense and to submit a written report therefrom30.Candor and Honesty. A pattern of dishonesty or deception in dealings with employers, schools, or authorities, including the board and the C & F Committee, may be a reason for denial of admission. Any false or deceptive statement on the application, or failure to supply or supplement information required on the form, shall be sufficient cause for denial of admission. Any lack of candor in the admissions process may be cause for denial of admission.31.Hearings Before the C & F Committee.A.Authority to Conduct Hearings.The C & F Committee has the authority to conduct a hearing on the qualifications of the applicant for admission and may hear relevant evidence, administer oaths and affirmations, require substance or psychological evaluations, and compel by subpoena the attendance of witnesses and the production of books, papers, and documents.B.Notice.The applicant has the right to be present at the hearing and shall be entitled to 5 day s' notice thereof if served personally and 10 days' notice if served by mail. The notice only requires that the applicant is advised that "matters generally pertaining to your character and fitness may be inquired into." The notice shall advise the applicant that he/she has the right to be represented by counsel of choice at the proceedings, the power to compel the attendance of witnesses, and the production of books, papers and documents pertaining to the matter under investigation, and the names of the witnesses the C & F Committee plans to call (if any). The notice shall further inform the applicant that the C & F Committee is required to assess and require advance payment of further fees and costs (the amount shall be detailed therein) against an applicant that, in its opinion, are reasonably necessary to conduct an investigation or hearing or to take depositions either within or without the State of Nevada concerning the character of the applicant.C.Procedure.(i) Composition of the Committee (Quorum). The C & F Committee consists of thirteen members of the State Bar of Nevada, and up to four non-lawyers who specialize in professions whose expertise is germane to matters of moral character and fitness to practice law. Member of the C & F Committee shall be appointed to serve for terms of three years. There is no limit on the number of terms an attorney may serve on the committee. (a) Formal Hearing. The C & F Committee may be divided by its chair into as many hearing panels composed of a minimum of three members, on a case-by-case basis, one of whom may be a non-lawyer, as the chair believes necessary to conduct hearings. The chair will assign applicants for hearings to the panels and may sit as chair for the panel or designate an attorney to sit as acting chair in his/her place. Formal hearings shall be held only for applicants who are successful on the bar examination. The fee for formal hearings shall be $2,500.00. The director of admissions shall, in his or her judgment, be permitted to reduce the fee or allow for a deferred payment plan based on an applicant's showing of financial hardship, provided that all fees charged must be paid in full before an applicant will be admitted to practice law in this state. The admissions director's decision as to fees shall be final.(b) Informal Hearing. For those whose applications reflect conduct or information warranting further inquiry, but may not necessarily require a formal hearing, the chair and the director of admissions, or their designee, may conduct an informal hearing in an attempt to counsel with an applicant, or to resolve a matter informally. Informal hearings shall be held only for applicants who are successful on the bar examination. The fee for informal hearings shall be $250.00. The director of admissions shall, in his or her judgment, be permitted to reduce the fee or allow for a deferred payment plan based on an applicant's showing of financial hardship, provided that all fees must be paid in full before an applicant will be admitted to practice law in this state. The admissions director's determination as to fees shall be final.(c) Informal Interview. For those whose applications reflect conduct or information warranting further inquiry, but may not necessarily require a formal or informal hearing, the director of admissions, after consultation with the chair, may conduct an informal interview in an attempt to counsel with an applicant, or to resolve the matter informally. Informal interviews may be held for applicants before or after the results of a particular bar examination are known. No additional fees will be charged for informal interviews.(ii) Burden. As in all other admission matters before the board and the court, in an informal interview and in a formal hearing before the C & F Committee, the burden remains upon the applicant to prove that he/she has the requisite moral character and fitness to practice law in the State of Nevada.(iii) Standard of Proof. In all proceedings before the board and the C & F Committee, the standard of proof is clear and convincing evidence.(iv) Order of Presentation. Although hearings before the C & F Committee are conducted informally, and may deviate from time to time, the following generally describes the manner in which hearings will be conducted. (a) Formal Hearing. All formal hearings will be reported by a certified court reporter and a transcript of the proceedings may be ordered by the chair, the court or the applicant. The transcript will be ordered for any adverse recommendation reviewed by the court. The transcript is deemed to be confidential. The chair will call the hearing to order and make an opening statement, introduce the hearing panel members, and explain the purpose for the hearing and the duty of the C & F Committee in conducting the hearing. The applicant or applicant's counsel will then be asked to make an opening statement if desired, and to present any witnesses or present such evidence that the applicant deems necessary. All witnesses must testify under oath. Members of the hearing panel may also inquire of the witness(es). At the conclusion of the hearing, the applicant or his/her counsel is invited to make a closing statement.(b) Informal Hearings and Interviews. Informal hearings and interviews shall be conducted informally and shall not be reported.D.Decision and Recommendation. The C & F Committee shall submit findings and make a recommendation to the court (see section titled "Due Process" for adverse recommendations by the C & F Committee). (i) Formal Hearing. The Board of Bar Examiners shall notify the applicant of the results of the hearing within 30 days of the conclusion of any formal hearing. The hearing panel chair will submit findings and recommendations to the court with proof of service upon the applicant in accordance with S.C.R 69(2). If the board has permitted an applicant to take the bar examination and the applicant is successful on an examination, the C & F Committee must complete its investigation and make its recommendation to the court prior to June 1 of the year immediately following the year in which a July applicant is successful on the examination or January 1 of the year immediately following the year in which a February applicant is successful on the examination. Should the applicant fail to pass the examination, a character and fitness hold will continue until the applicant is successful on a later examination.(ii) Informal Hearing. The chair, or his/her designee, may clear the applicant for character and fitness after an informal interview or may refer the matter for a formal hearing.(iii) Informal Interview. The admissions director may clear the applicant for character and fitness after an informal interview or may refer the matter for a formal or informal hearing.E.Denial With or Without Prejudice. Only the C & F Committee or the board may recommend denial, with or without prejudice, of an application on the grounds that the applicant has not demonstrated requisite moral character and fitness, pursuant to S.C.R 64. In the absence of the timely filing of a petition for review set forth in S.C.R. 64. the court shall not disturb an adverse recommendation of the C& F Committee or board. If the recommendation as approved by the court is to deny admission without prejudice, the C & F Committee or the board may impose conditions which the applicant must fulfill before the applicant will be permitted to file a subsequent application for admission. Further the C & F Committee or the board shall recommend a period of time, not to exceed 5 years, before the applicant may reapply.
If the recommendation as approved by the court is to deny admission with prejudice, the applicant will not be permitted to reapply for admission to practice law in this state at any time thereafter.
F.Conditional Admission. In exceptional cases where applicants possess character and fitness problems, which although serious, do not warrant denial of admission with or without prejudice, the C & F Committee may recommend that an applicant be conditionally admitted under S.C.R 49.7. If the C & F Committee recommends conditional admission, it shall also recommend terms and conditions of said admission. The terms and conditions recommended by the C & F Committee must be approved by the court, which may modify the recommendation as it deems appropriate. If the court approves the recommendation for conditional admission, the applicant must consent in writing to the conditions of admission approved by the court. The C & F Committee shall provide the applicant with a written consent form within 10 days of the court's order setting the conditions for admission under S.C.R 49.7. The applicant must sign and return the written consent form to the C & F Committee within 30 days of the court's order setting the conditions for admission. An applicant's failure to consent will result in a denial of admission under S.C.R 49.7. (i) The period during which the applicant is conditionally admitted shall be designated as the probationary period and shall be monitored by and through the office of Bar Counsel of the State Bar of Nevada. Any alleged violation of the terms or conditions of the probationary period shall be referred to a probationary hearing panel of the C & F Committee by the office of Bar Counsel.(ii) An applicant recommended for conditional admission shall consent to the disclosure of all information obtained by the board to the office of Bar Counsel, except that information received by the board under a specific agreement of confidentiality or otherwise restricted by law.(iii) The C & F Committee shall recommend the length of time of the probationary period and shall set forth that period of time in its recommendations to the court.(iv) Upon successful completion of the probationary period, in the absence of any disciplinary action by Bar Counsel and upon written application by the applicant, the board may recommend that an applicant be eligible for unconditional admission to the State Bar of Nevada.(v) The costs of monitoring an applicant's probation, if any, shall be paid by the applicant admitted pursuant to this order before expiration of the probationary period. The probationary hearing panel, when possible, will be comprised of the members of the hearing panel who recommended that the applicant be admitted pursuant to this rule.(vi) Any alleged violation, however de minimis, of the terms and conditions of the order of conditional admission shall be brought before the probationary hearing panel of the C & F Committee. Upon ten (10) days' written notice to the applicant, the probationary hearing panel of the C & F Committee will convene to determine if a violation of the conditions or terms has occurred and what action, if any, should be taken.(vii) If the probationary hearing panel of the C & F Committee determines that the alleged violation(s) is not proved, no further action will be taken. If it finds that a violation of the terms or conditions of the order of conditional admission exists, it may recommend to the court suspension or revocation of the conditional license. If it determines that the violation does not rise to the level of suspension or revocation, it may recommend to the court the extension of the terms or imposition of such additional conditions to the order of conditional admission as it deems appropriate.(viii) Any grievance(s) filed with the office of Bar Counsel of the State Bar of Nevada concerning actions of an applicant admitted pursuant to an order of conditional admission during the probationary period shall be submitted to a screening panel of the Southern or Northern Nevada Disciplinary Board. (a) If the disciplinary screening panel recommends anything other than dismissal, such findings shall be submitted to the probationary hearing panel of the C & F Committee. The probationary hearing panel of the C & F Committee may, upon ten (10) days' written notice to the applicant, convene a hearing to determine the impact of these findings on the applicant's conditional admission.(b) Based upon the existence of a pending recommendation by a disciplinary screening panel of anything other than dismissal, the probationary hearing panel of the C & F Committee may recommend revocation of the conditional license to the court, or the extension of the terms or imposition of such additional conditions of the order of conditional admission as it deems appropriate.(ix) The actions taken by the probationary hearing panel of the C & F Committee regarding disciplinary grievances shall not impair the independent authority of the Southern or Northern Disciplinary Board, or the court, to impose discipline.(x) The order of conditional admission shall be imposed pursuant to a confidential order of the court and shall remain confidential except as is required by an application to be admitted to the United States Supreme Court, and/or to the bar of any other state or jurisdiction, or at the request of the applicant admitted pursuant to the Order of Conditional Admission.G.Petitions for Review. Where the C & F Committee recommends to the court that an applicant be denied admission with or without prejudice, the findings and recommendations shall be stated in writing and shall be filed with the clerk of the court, together with proof of service of the recommendation upon the applicant. The C & F Committee shall not consider evidence as a basis for an adverse recommendation without disclosing that information to the applicant and affording the applicant an opportunity to respond. Any applicant, so notified, may within a period of 30 days from service of the notice, file a verified petition for review with the court, with proof of service upon the director of admissions and the chair of the C & F Committee. Such petition shall contain any relevant information necessary for the court's understanding of the matter, a statement of facts supported by adequate citation to any record, and legal points and authorities setting forth the legal basis for each ground upon which the board's recommendation is alleged to be erroneous. Service by mail is complete upon mailing. If the court is of the opinion that the C & F Committee's recommendation should not be disturbed, it may deny the petition. Otherwise, the court may enter an order fixing the time within which an answer may be filed by the C & F Committee. Should the court determine that the petitioner is entitled to relief, it may direct the board of bar examiners to take such action as is deemed warranted under the circumstances.
In any proceeding before the C & F Committee, or before the court, the applicant shall have the burden of proving that the applicant meets the qualifications required for admission to practice in this state. Should an applicant fail to meet this burden of proof, the court shall refuse to disturb the adverse recommendation of the C & F Committee.
As amended effective 8/24/2015.