in Re: Discipline of Stanley Walton

IN THE SUPREME COURT OF THE STATE OF NEVADA

IN THE MATTER OF DISCIPLINE OF No. 60386 STANLEY A. WALTON, ESQ., BAR NO. 4784.

FILE JUL 2 6 2013 TRACIE K. LINDEMAN CLERK OF SUPREME COURT BY DEPUTY CLE

ORDER REJECTING CONDITIONAL GUILTY PLEA AND REMANDING FOR FURTHER DISCIPLINARY PROCEEDINGS

This is an automatic review, pursuant to SCR 113, of a conditional guilty plea agreement involving attorney Stanley A. Walton. A Southern Nevada Disciplinary Board hearing panel recommended that we approve the agreement. Under the agreement, Walton admitted to one violation of RPC 1.4 (communication), two violations of RPC 1.5 (fees), one violation of RPC 1.8(a) (conflict of interest: current clients), three violations of RPC 1.15 (safekeeping property), one violation of RPC 3.3 (candor toward the tribunal), and two violations of RPC 8.4 (misconduct).' Walton pleaded guilty in exchange for a five-year suspension with conditions including payment of restitution. Having reviewed the record of the disciplinary proceedings and the attached exhibits, we reject the conditional guilty plea agreement. See SCR 113(1); In re Kenick, 100 Nev. 273, 275, 680 P.2d 972, 973-74

'Seven other charges were dismissed under the agreement.

(1984). Assuming evidence can be presented establishing that Walton committed the acts of misconduct admitted in the conditional guilty plea, we view such acts as a serious breach of the Nevada Rules of Professional Conduct warranting the imposition of discipline greater than a five-year suspension. Because the hearing before the disciplinary panel was based on the conditional plea, the record is insufficient to determine the proper amount of discipline. Accordingly, we remand this matter to the Southern Nevada Disciplinary Board for further proceedings. It is so ORDERED.

Footnotes

[3] - 22.1(gq C.J. Gibbons Hardesty A Cit..t AA* ,J. Parraguirre Douglas J. Cherry Saitta cc: Jeffrey D. Albregts, Chair, Southern Nevada Disciplinary Board David A. Clark, Bar Counsel Kimberly K. Farmer, Executive Director, State Bar of Nevada Thomas F. Pitaro