Nevada high court asks for investigation of Las Vegas attorney
For the second time this month, the state's high court has referred Las Vegas attorney David Phillips to the State Bar of Nevada for investigation of possible misconduct.
Phillips, who has been the subject of other State Bar investigations in recent years, could not be reached for comment Tuesday.
The Nevada Supreme Court on Monday referred Phillips for investigation and dismissed the appeal of Loyde Robinson and Alan Clark in a case against Scott Karosa. Phillips represented the appellants in the case.
"Mr. Phillips's failure to comply with our rules and orders has forced this court to divert our limited resources to ensure his compliance and needlessly delayed the processing of this appeal," according to the order. "Therefore, we remove Mr. Phillips as counsel in this appeal."
On June 15, the Supreme Court entered an order in the case that conditionally imposed sanctions on Phillips for his failure to file the case appeal statement and transcript request form. The court also noted that the opening brief and appendix were overdue.
Phillips was directed to pay $250 to the Supreme Court Law Library. According to the June order, the sanction would be vacated automatically if Phillips files the required documents or a motion for an extension of time within 11 days.
The court cautioned Phillips that failure to comply with the June order or other filing deadlines would result in dismissal of the appeal and referral to the State Bar for investigation.
"To date, Mr. Phillips has failed to pay the sanction, file any of the required documents, respond to our order, or otherwise communicate with this court," the most recent order states. "Accordingly, we conclude that the sanction is no longer conditional."
The order requires bar counsel to inform the high court of the status or results of its investigation and any disciplinary proceedings within 90 days.
On July 8, the Supreme Court issued a similar order that referred Phillips to the State Bar for investigation and dismissed the appeal in Anthony Alvarez v. Wimbledon Tennis Club Homeowners Association. Phillips represented Alvarez, the appellant in the case.
In August, the Las Vegas Review-Journal reported that the State Bar was investigating seven grievances against Phillips, including one filed by Clark County District Judge Elissa Cadish.
A spokesman said the State Bar itself filed a grievance over an allegation that Phillips practiced law in January 2013, when he was suspended for about a month after failing to complete required continuing education.
In April, the spokesman said one grievance had been dismissed., and the State Bar's grievance resulted in a letter of reprimand in October.
On Tuesday, Acting Bar Counsel Brian Kunzi said he had not seen the Supreme Court's latest order. He said the organization is currently handling nine grievances, including the one filed by Cadish, involving Phillips.
Phillips filed a defamation lawsuit in December that accused the State Bar of leaking confidential information about him to the press. Phillips, who is black, later added a claim of racial bias to the case, which is pending in federal court.
In another matter, a Maryland lawyer has filed a federal lawsuit that accuses Phillips of raping her at a legal conference in 2012. The woman, April Ademiluyi, made a report to Tampa, Fla., police, but no criminal charges were filed.
Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710. Find her on Twitter: @CarriGeer
