In Re: Discipline of James Herbe

recommended that Herbe be suspended for two years and be required to pay the costs of the disciplinary proceedings within six months of receipt of the bill of costs. Although persuasive, the findings and recommendations of a panel of the Southern Nevada Disciplinary Board are not binding, and this court's automatic review of a panel's decision is conducted de novo. SCR 105(3)(b); In re Discipline of Droz, 123 Nev. 163, 168, 160 P.3d 881, 884-85 (2007). The panel's findings of misconduct must be supported by clear and convincing evidence. In re Discipline of Drakulich, 111 Nev. 1556, 1566, 908 P.2d 709, 715 (1995). Having reviewed the record, we conclude that clear and convincing evidence supports the panel's findings that Herbe committed the violations alleged. See SCR 105(2)(0. We further conclude that the panel's recommended discipline is appropriately tailored to Herbe's misconduct, and we approve the recommendation in its entirety. Accordingly, attorney James Herbe is hereby suspended from the practice of law for two years. However, we note that Herbe is currently suspended for failure to meet his Continuing Legal Education (CLE) requirements, and has been so suspended since July 2010. See In re Application of the Bd. of Continuing Legal Educ., Docket No. 56143 (Order Dismissing Petition as to Certain Respondent Attorneys and Granting Petition as to Certain Respondent Attorneys, July 21, 2010). In light of this, the suspension imposed in the instant order will not commence until after Herbe resolves his CLE suspension. See SCR 213. As such, by the time Herbe is eligible to petition for reinstatement, he will have been continuously suspended for five years or more. Therefore, Herbe shall provide proof of successful completion of the Nevada State Bar

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Examination, including the Multistate Professional Responsibility Examination, prior to any petition for reinstatement. See SCR 116(5). Herbe shall pay the costs of the disciplinary proceedings within six months of receipt of the State Bar's bill of costs. See SCR 120. Upon any attempted reinstatement, Herbe shall comply with SCR 116. Additionally, Herbe shall comply with SCR 115 and the State Bar shall comply with SCR 121.1 It is so ORDERED. /n

C.J. Gibbons

A--Lt te2-4- 1 J. Pickering Hardesty

L&e, , J. Parraguirre

Cherry Saitta

cc: Jeffrey Albregts, Chair, Southern Nevada Disciplinary Board David A. Clark, Bar Counsel Kimberly K. Farmer, Executive Director, State Bar of Nevada James E. Herbe Perry Thompson, Admissions Office, United States Supreme Court

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