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Nevada Supreme Court refers Las Vegas attorney to State Bar for investigation

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 Thursday.

In an unpublished order filed Wednesday, the Nevada Supreme Court referred Phillips for investigation and dismissed the appeal in Anthony Alvarez v. Wimbledon Tennis Club Homeowners Association. Phillips represents Alvarez, the appellant in the case.

The Supreme Court entered an order in the case on May 26 that conditionally imposed sanctions on Phillips for his failure to file a transcript request form and docketing statement. The court also noted that the opening brief and appendix were overdue.

Phillips was directed to pay $250 to the Supreme Court Law Library and to provide proof of the payment within 15 days. According to the May order, the sanction would be vacated automatically if Phillips filed the required documents or a motion for an extension of time within 11 days.

The court cautioned Phillips that failure to comply with the May 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,” according to the most recent order. “Accordingly, we conclude that the sanction is no longer conditional.”

The Las Vegas Review-Journal reported in August 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 of the grievances against Phillips had been dismissed. He also said the grievance filed by the State Bar resulted in a letter of reprimand in October.

On Thursday, Bar Counsel David Clark said he had not yet seen the Supreme Court’s order regarding Phillips and could not comment. He said the organization currently has six matters, including the grievance filed by Cadish, in the investigative stage.

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

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