In Re: Discipline of David Edward Walters (Bar Matter)
CourtNevada Supreme Court
Date FiledNovember 5, 2026
Docket92712
JudgePickering, J.
StatusPublished
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Full Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
IN THE MATTER OF DISCIPLINE OF No. 92712
DAVID EDWARD WALTERS, BAR NO.
7203.
Petition to impose reciprocal attorney discipline under SCR 114.
Petition granted.
Dan Hooge, Bar Counsel, and R. Kait Flocchini, Assistant Bar Counsel, Reno,
for Petitioner State Bar of Nevada.
Richard Harris Law Firm and David A. Clark, Las Vegas,
for Respondent David Edward Walters.
BEFORE THE SUPREME COURT, PICKERING, PARRAGUIRRE, and
BELL, JJ.
OPINION
By the Court, PICKERING, J.:
The United States Court of Appeals for the Ninth Circuit
suspended Nevada-licensed attorney David Edward Walters for six months.
Walters and the State Bar of Nevada (SBN) agree that SCR 114(4) requires
“identical discipline” in the form of a six-month suspension, but they disagree
as to when that suspension should commence. Walters argues the Nevada
suspension should be retroactive to the date of the Ninth Circuit suspension
(November 24, 2025), while the SBN argues the Nevada suspension should run
from the date this court enters its order on the SBN’s petition for reciprocal
discipline. SCR 114 does not specify when a reciprocal suspension begins. We
conclude that two considerations guide this court’s discretion in deciding when
a reciprocal suspension commences: prompt notice to the SBN as required by
SCR 114(1) and cessation of practice in Nevada during the foreign suspension.
Both considerations support a retroactive suspension here. The
SBN received prompt notice of the Ninth Circuit suspension, and Walters
provided additional information during the reporting period set forth in SCR
114(1), but the SBN did not file the reciprocal discipline petition until after the
Ninth Circuit suspension expired. Walters also ceased practicing immigration
law, which comprises almost all his practice, and all corollary immigration
actions in Nevada during the suspensions. Under these circumstances,
making the reciprocal suspension run from the date of the Ninth Circuit
suspension would not diminish the discipline imposed on Walters. Instead, it
would prevent the delay in initiating reciprocal proceedings from extending a
suspension that Walters had served while refraining from practicing. For
these reasons, we conclude that Walters’ reciprocal suspension should be
effective as of the date when the Ninth Circuit suspension was imposed.
Accordingly, we grant the reciprocal discipline petition and impose a
concurrent six-month suspension, retroactive to November 24, 2025, such that,
while the discipline is a matter of record in Nevada, no additional period of
suspension is due.
I.
David Walters is a Nevada-licensed lawyer who almost exclusively
practices immigration law. The Ninth Circuit disciplined Walters for deficient
briefing in three immigration appeals by imposing a six-month suspension,
effective November 24, 2025. The Ninth Circuit ordered Walters to withdraw
from six pending matters and directed its clerk to send the suspension order to
the SBN and the Executive Office of Immigration Review’s (EOIR) disciplinary
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counsel. The SBN had received notice of the Ninth Circuit suspension by
December 10, 2025, when it sent Walters a letter confirming it was
investigating the matter. Walters responded and provided documents
concerning the Ninth Circuit proceedings.
The Ninth Circuit suspension prompted EOIR and the
Department of Homeland Security (DHS) to institute their own joint reciprocal
disciplinary proceedings. Walters admitted the allegations but opposed
identical discipline, alternatively requesting that any suspension run
retroactive to the Ninth Circuit suspension. On March 4, 2026, EOIR and DHS
rejected Walters’ request and imposed a six-month suspension from practice
before the Bureau of Immigration Appeals, Immigration Courts, and DHS,
effective March 19, 2026.
The SBN filed its petition for reciprocal discipline with this court
on May 26, 2026, seeking a consecutive six-month suspension in Nevada based
on the Ninth Circuit and EOIR/DHS discipline. As of May 26, Walters had
completed his Ninth Circuit suspension, while the EOIR/DHS suspensions had
not yet expired. Walters does not dispute that SCR 114 requires reciprocal
discipline. Walters instead asks this court to run the Nevada six-month
suspension retroactive to November 24, 2025, when the Ninth Circuit
suspension began.
II.
A.
Reciprocal discipline permits a jurisdiction to discipline its lawyers
for misconduct committed elsewhere. See Ching v. State Bar of Nev., 111 Nev.
779, 784, 895 P.2d 646, 649 (1995) (explaining in part that SCR 114 calls for
identical reciprocal discipline for Nevada attorneys who have been disciplined
in another jurisdiction). The same reciprocal discipline framework applies to
immigration lawyers practicing before federal tribunals, who remain subject
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to discipline in their licensing jurisdictions for misconduct committed in that
practice. See 2 Geoffrey C. Hazard, Jr., et al., The Law of Lawyering § 66.02
n.4, at 66-5 (4th ed. supp. 2025). The jurisdiction where the misconduct occurs
may report it to the lawyer’s licensing jurisdiction, which may impose
reciprocal discipline. Id. § 66.03, at 66-8. Reciprocal discipline procedures
conserve judicial and disciplinary resources by allowing courts to rely on
another jurisdiction’s adjudication rather than duplicate disciplinary
proceedings, while preserving the lawyer’s opportunity to show why reciprocal
discipline should not follow if an exception applies. See Law. Man. on Prof.
Conduct: Practice Guides, 101 Misconduct and Discipline, Disciplinary
Process, § 101:2101.90 (Am. Bar Ass’n & Bloomberg Indus. Grp., Inc. 2024)
(discussing In re Lisse, 921 F.3d 629 (7th Cir. 2019)).
SCR 114 governs reciprocal discipline in Nevada. It requires an
attorney subject to this court’s disciplinary authority to report discipline
imposed in another jurisdiction within 30 days. SCR 114(1). Upon receiving
notice of such discipline, bar counsel must obtain a copy of the disciplinary
order or other documents demonstrating that discipline was imposed and
petition this court to order reciprocal discipline. SCR 114(2)-(3). SCR 114(4),
in turn, requires this court to impose the “identical discipline” rendered by the
other jurisdiction, subject to certain exceptions. We note that none of the
recognized exceptions apply here, as the foreign tribunals afforded Walters an
opportunity to respond, the record supports the findings of misconduct, and the
conduct implicates RPC 1.1 (competence) and RPC 3.3 (candor to the tribunal).
Although SCR 114(4) generally requires this court to impose
identical discipline, SCR 114 does not specify when a reciprocal suspension
must begin. See also ABA Model Rules for Lawyer Disciplinary Enforcement,
R. 22 (Am. Bar Ass’n 2020) (addressing “identical discipline” reciprocally
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imposed but not specifying when that discipline should commence). Nevada
caselaw addressing reciprocal suspensions has not developed a framework for
determining when a reciprocal suspension should begin. For instance, we have
commonly imposed reciprocal suspensions to run from the date of this court’s
order, without addressing the date of the other jurisdiction’s suspension. See,
e.g., In re Discipline of Ramos, No. 89054, 2025 WL 432982 (Nev. Feb. 6, 2025)
(Order Imposing Reciprocal Discipline and Suspending Attorney) (suspending
attorney for two years from the date of this court’s order); In re Discipline of
Gagic, No. 87020, 2023 WL 6940313 (Nev. Oct. 19, 2023) (Order Imposing
Reciprocal Discipline and Suspending Attorney) (suspending attorney for one
year starting from the date of this court’s order); In re Discipline of Berlin, No.
82305, 2021 WL 1530747 (Nev. Apr. 16, 2021) (Order Imposing Reciprocal
Discipline and Suspending Attorney) (suspending attorney for six months
starting from the date of this court’s order).
But Nevada caselaw also recognizes that delaying reciprocal
discipline can result in a suspension that is effectively consecutive to the
discipline imposed by another jurisdiction. In Copren v. State Bar of Nevada,
this court considered whether a Nevada suspension based on misconduct
previously disciplined in California should extend beyond the expiration of the
California suspension. 64 Nev. 364, 387, 183 P.2d 833, 844 (1947). Applying
principles of comity, Copren declined to extend the reciprocal portion of the
Nevada suspension beyond the California suspension, reasoning that doing so
only because Nevada proceeded later could make the suspensions “virtually
consecutive, rather than concurrent” and potentially impose an aggregate
suspension “many times the period of the original suspension.” Id. at 387, 183
P.2d at 843. And we have imposed reciprocal suspensions retroactively where
the foreign jurisdiction stayed some or all of the suspension subject to
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probationary conditions. E.g., In re Discipline of Wajda, No. 87141, 2023 WL
6799620 (Nev. Oct. 13, 2023) (Order Imposing Reciprocal Discipline and
Suspending Attorney) (reciprocally imposing a six-month suspension
retroactive to the foreign suspension date and stayed subject to the conditions
of the foreign discipline, where this court entered its order after the six-month
foreign probationary period had ended); In re Discipline of Seegmiller, No.
72525, 2017 WL 3261765 (Nev. July 31, 2017) (Order Imposing Reciprocal
Discipline) (reciprocally suspending attorney for one year, with all but 90 days
stayed, retroactive to the foreign suspension date). Those orders, however, did
not address why the foreign suspensions’ effective dates should also govern the
Nevada suspensions.
Thus, Nevada caselaw reflects different approaches to the effective
date of reciprocal suspensions, including suspensions made retroactive to the
foreign discipline and suspensions made effective on a later date. Though
Copren cautioned that a reciprocal suspension should not “tend to increase the
punishment far beyond that intended” by the foreign jurisdiction, particularly
where the resulting increase would be “far in excess of the requirements of
justice,” 64 Nev. at 387, 183 P.2d at 844, neither Copren nor our later cases
have articulated a standard for determining when a reciprocal suspension
should be effective.
B.
Other jurisdictions have directly addressed when reciprocal
suspensions should run concurrently. For example, in In re Goldberg, the
United States Court of Appeals for the District Court of Columbia
“anticipate[d] that concurrency will be the norm” and recognized that requiring
an attorney to serve a reciprocal suspension after completing the foreign
suspension could, particularly if the suspension is short, mean that the two
suspension periods “would never even intersect.” 460 A.2d 982, 985 (D.C. Cir.
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1983). Goldberg explained, like Copren, that this “would tend to increase the
punishment far beyond that intended by the original state and far beyond the
degree of discipline warranted.” Id.
Building on Goldberg’s reasoning, the Maryland Court of Appeals
decision in Attorney Grievance Commission v. Midlen identified two
considerations that favor concurrent reciprocal discipline: first, whether the
attorney promptly notifies disciplinary authorities of the foreign suspension as
required by the applicable rule; and second, whether the attorney promptly
ceases practicing in the reciprocating jurisdiction during the foreign
suspension. 911 A.2d 852, 865-66 (Md. 2006). Midlen considered this approach
“fully consistent with the notion and function of reciprocal and corresponding
discipline” but cautioned that concurrent discipline is not a matter of right. Id.
at 866. Rather, it remains within the reciprocating jurisdiction’s “discretion
and practice, to be used when the circumstances warrant.” Id.
We agree with Midlen’s rationale and approach. The first
consideration, prompt notice to the reciprocal jurisdiction, is consistent with
SCR 114’s framework, which requires an attorney subject to foreign discipline
to notify bar counsel of that discipline within 30 days. SCR 114(1). Once the
office of bar counsel learns of the discipline, it must obtain a copy of the foreign
discipline order, or other demonstrative documents, and file a petition for
reciprocal discipline with this court. SCR 114(2)-(3). SCR 114(2) also
contemplates that bar counsel may receive notice from someone other than the
disciplined attorney. When that occurs, SCR 114(2) directs bar counsel to
investigate and, if the discipline is confirmed, file a reciprocal discipline
petition with this court. Thus, an attorney’s reporting obligation and bar
counsel’s responsibility to act on notice serve complementary functions in
facilitating timely reciprocal discipline.
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Prompt notice allows the SBN to begin the reciprocal discipline
process while the foreign discipline remains in effect, naturally making “the
sanction here more contemporaneous.” Midlen, 911 A.2d at 866-67. The
prompt-notice requirement also prevents an attorney from benefiting by
withholding notice of the foreign suspension. Id. at 865 (noting that an
attorney should not be rewarded for unreasonably delaying notice of foreign
discipline). But once bar counsel receives timely notice, SCR 114 requires bar
counsel to act on that information by obtaining the disciplinary order and
petitioning this court for reciprocal discipline. SCR 114(2), (3). Thus, after an
attorney has complied with the notice requirement, the timing of the reciprocal
proceedings is no longer within the attorney’s control. The timing of bar
counsel’s action may therefore bear on whether the resulting reciprocal
suspension should operate concurrently with, or consecutively to, the foreign
suspension. See, e.g., In re Barocas, 240 N.Y.S.3d 9, 12-13 (App. Div. 2025)
(considering whether disciplinary counsel “substantially delay[ed] in seeking
reciprocal discipline” when determining whether prospective or nunc pro tunc
discipline is warranted).
The second consideration, cessation of practice in the reciprocal
jurisdiction, serves the principal purpose of attorney discipline: protecting the
public and maintaining confidence in the legal profession. See State Bar of
Nev. v. Claiborne, 104 Nev. 115, 129, 756 P.2d 464, 473 (1988) (describing this
as “the paramount objective” of attorney discipline). If an attorney continues
practicing in Nevada during a foreign suspension, making a later Nevada
suspension retroactive would not provide the same protection to the public
during the period of the foreign suspension. But when an attorney promptly
ceases practicing in Nevada, the public receives the protection that the
reciprocal suspension is meant to provide during that period. As Midlen
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explained, encouraging an attorney to cease practice during the foreign
suspension “provides more immediate protection to” the public. 911 A.2d at
867.
We therefore adopt Midlen’s framework for determining the
appropriate effective date of a reciprocal suspension. The notice and cessation-
of-practice considerations inform our exercise of discretion under SCR 114, but
they do not create a right to concurrent discipline. Rather, we consider those
factors, together with any other pertinent circumstances, in deciding when a
reciprocal suspension should take effect, including whether it should operate
concurrently with the foreign suspension. See Goldberg, 460 A.2d at 985.
C.
Applying the Midlen considerations to this case, the parties first
dispute whether Walters complied with the notice requirement in SCR 114(1).
The SBN contends that Walters did not personally report the foreign
suspensions and therefore did not promptly notify the SBN. Walters responds
that the Ninth Circuit sent its suspension order to the SBN within SCR
114(1)’s 30-day reporting period and that he was in active communication with
the SBN about that suspension during that period.
The Ninth Circuit’s suspension order directed that court’s clerk to
send the order to the SBN, and by December 10, 2025, the SBN had opened an
investigation into Walters’ discipline. At that point, Walters’ 30-day period to
report the November 24 suspension under SCR 114(1) had not expired. By
December 12, Walters had responded to the SBN and provided more
information concerning the Ninth Circuit disciplinary proceedings. Walters’
communications therefore supplemented the notice provided by the Ninth
Circuit during the reporting period. Walters continued to keep the SBN
informed as other reciprocal proceedings progressed. On January 8, 2026,
EOIR and DHS issued a joint notice of intent to discipline Walters based on
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the Ninth Circuit suspension. Twelve days later, Walters provided that notice
to the SBN. Although the joint notice did not itself impose discipline, Walters’
prompt disclosures further informed the SBN of the reciprocal proceedings
arising from the Ninth Circuit suspension.
The first Midlen consideration, prompt notice to the reciprocal
jurisdiction, supports a reciprocal suspension retroactive to the Ninth Circuit’s
effective date. The SBN was promptly notified, giving it an opportunity to
pursue reciprocal discipline while the Ninth Circuit suspension remained in
effect. Because the SBN received timely notice but did not file the reciprocal
discipline petition until after the Ninth Circuit suspension had expired,
Walters should not bear the consequence of that delay. See, e.g., In re
Reciprocal Discipline of Zelotes, No. 3:13-gp-18 (SRU), 2017 WL 354849, at *3
(D. Conn. Jan. 23, 2017) (recognizing that a delay in reciprocal disciplinary
proceedings may make the later imposition of reciprocal discipline contrary to
the interest of justice).
The second Midlen consideration likewise supports making the
reciprocal suspension effective on the date of the Ninth Circuit’s six-month
suspension. The record shows that Walters neither practiced immigration law
after the Ninth Circuit suspended him nor appeared as counsel in any related
state action. This is significant because Walters practices almost exclusively
in immigration law. By ceasing to practice immigration law during the foreign
suspensions, he effectively ceased practicing law in Nevada during that period.
Walters’ cessation of practice therefore reduced the risk to the public while
reciprocal proceedings were ongoing and provided the immediate public
protection that underlies reciprocal discipline. See Midlen, 911 A.2d at 867.
Accordingly, making the reciprocal suspension effective as of the Ninth Circuit
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suspension would recognize the full period of foreign discipline, beginning with
the suspension that triggered later reciprocal suspensions.
Additional circumstances also favor imposing a concurrent
suspension. The Ninth Circuit’s six-month suspension was relatively short,
yet the SBN received timely notice of that suspension and could have filed a
petition while that suspension remained in effect. Instead, it did not petition
this court for reciprocal discipline until May 26, 2026, after the Ninth Circuit’s
suspension had run. Nothing in the record attributes that delay to Walters.
Walters will have the stain of a Nevada suspension on his record regardless of
the date that suspension begins to run, and a consecutive Nevada suspension
commencing from the date of the reciprocal discipline order under these
circumstances would unfairly double the suspension, not reciprocate it. In this
case, therefore, running Nevada’s suspension retroactive to the Ninth Circuit’s
suspension makes Nevada’s discipline more contemporaneous, fair, and, under
these facts, reciprocal to the foreign discipline. This result also prevents the
SBN’s delay from increasing Walters’ discipline beyond that intended or
warranted by the original discipline. Because the Ninth Circuit imposed a six-
month suspension effective November 24, 2025, Walters’ reciprocal Nevada
suspension will run from that date.
III.
SCR 114 requires identical reciprocal discipline but does not
require a reciprocal suspension to begin on the date this court enters its order.
We adopt Midlen’s prompt-notice and cessation-of-practice considerations to
guide our discretion in determining whether a reciprocal suspension should
apply retroactively so that it is fully concurrent with the foreign suspension.
Neither consideration is dispositive, and retroactive discipline remains within
this court’s discretion based on the circumstances of each case.
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Both considerations support retroactive discipline here.
Accordingly, we grant the petition for reciprocal discipline and suspend David
Edward Walters from the practice of law in Nevada for six months, retroactive
to November 24, 2025, the effective date of the Ninth Circuit suspension.
Given the retroactive effective date of Walters’ suspension, no present
suspension remains for purposes of SCR 115. Walters and the SBN shall
comply with SCR 121.1.
Pickering, J.
We concur:
Parraguirre, J.
Bell, J.
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