Nev. Sup. Ct. R. 121

As amended through October 9, 2024
Rule 121 - Confidentiality
1.Generally. All proceedings involving allegations of misconduct by an attorney shall be kept confidential until the filing of a formal complaint. All participants in a proceeding, including anyone connected with it, shall maintain the confidentiality of the proceeding until a formal complaint is filed.
2.When no formal complaint filed. In the event no formal complaint is filed, the disciplinary proceeding shall become public upon its conclusion, whether by dismissal or unless otherwise specified herein.
3.Reciprocal discipline. Proceedings under SCR114, concerning the imposition of reciprocal discipline, shall be public.
4.Temporary restraining order regarding funds under SCR102(3). If the state bar files a petition with a district court for a temporary restraining order regarding funds before a formal complaint is filed in the underlying disciplinary proceeding against an attorney, then the matter shall be treated as confidential. If the court grants the petition, then the matter shall become public upon entry of the order granting the petition. If the court denie s the petition, then the matter shall remain confidential until a formal complaint is filed or the matter is otherwise concluded.
5.Temporary suspension under SCR102(4). If the state bar files a petition with the supreme court for the temporary suspension of an attorney before a formal complaint is filed in the underlying disciplinary proceeding, then the matter shall be treated as confidential. If the court grants the petition, then the matter shall become public upon entry of the order granting the petition. If the court denies the petition, then the matter shall remain confidential until a formal complaint is filed or the matter is otherwise concluded.
6.Temporary suspension under SCR111. Proceedings under SCR111, concerning attorneys convicted of crimes, shall be public.
7.Transfers to disability inactive status. The supreme court’s order transferring an attorney to disability inactive status shall be public. All other proceedings in such matters shall remain confidential unless the attorney waives confidentiality.
8.Transfers from disability inactive status. Unless the attorney waives confidentiality, petitions for reinstatement from disability inactive status shall be confidential. If a petition is granted, then the matter will become public upon entry of the order of reinstatement.
9.Reinstatement. Reinstatement proceedings under SCR116 shall be public.
10.Disbarment by consent. Disbarments by consent under SCR112 shall be public.
11.What becomes public. Once a matter has become public pursuant to this rule, all records of the attorney discipline agency shall become public except bar counsel’s work product, the panel’s deliberations, and all documents related to any diversion or mentoring agreements governed by SCR105.5.
12.Proceedings before the supreme court. Unless these rules specifically provide that a matter in the supreme court is confidential, all filed documents and arguments in attorney discipline proceedings in the supreme court shall be public, unless for good cause shown, the supreme court enters an order sealing all or part of the record in the court.
13.Cooperation with certain investigations. Bar counsel may share relevant nonpublic information with federal or state agencies investigating the same or similar misconduct.
14.Expungement. On December 31 of each year, the state bar shall expunge all records or other evidence of grievances that have been terminated by dismissal for more than 3 years, except that upon application by the state bar, notice to the attorney, and a showing of good cause, the supreme court may permit the state bar to retain such records for an additional period of time, not to exceed 3 years. After a file has been expunged, any response to an inquiry regarding a reference to the matter shall state that there is no record of such matter.
15.Statements by the State Bar of Nevada. Notwithstanding SCR121(1), the state bar may disseminate the procedural status and the general nature of a grievance or complaint upon request.
16.Exclusions. These rules shall not prohibit any complainant, the accused attorney, or any witnesses from discussing publicly the existence of the proceedings under these rules or the underlying facts related thereto. However, disclosures made under this subsection, in whatever form or by whatever means, outside the disciplinary process shall not be covered by the civil immunity afforded in SCR106(1).
17.Protective orders. In order to protect the interests of a complainant, witness, third party, or respondent attorney, the panel chair may, upon application of any person and for good cause shown, issue a protective order prohibiting the disclosure of specific information otherwise privileged or confidential and direct that the proceedings be conducted so as to implement the order, including requiring that the hearing be conducted in such a way as to preserve the confidentiality of the information that is the subject of the application.
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Nev. Sup. Ct. R. 121

Added; effective 2/15/1979; amended effective 3/1/2007; amended effective 10/26/2023.