1.
The
respondent understands that at its December 1, 2004 meeting, a quorum
(members Brusa, Nave, Beasley, Denton and Huff) of the Nevada Judicial
Discipline Commission met with the respondent in a private session and after
deliberating outside the respondent’s presence, the Commission accepted the
essence of a proposed stipulation proffered by the respondent. The members
of the Commission who were present unanimously agreed to impose the maximum
discipline contemplated under the proposal–a public censure and continued
monitoring of respondent’s compliance with an ongoing program to combat
alcohol abuse–as more fully set forth in this agreement. The respondent
understands that he is agreeing to the imposition of public discipline and
monitoring of his alcohol abuse prevention program because the respondent
was convicted on December 26, 2003 for a misdemeanor of driving while under
the influence of alcohol in Washoe County, Nevada, on December 9, 2003.
2. The respondent agrees to imposition of public censure, a form of
discipline authorized by Section 5(a), Article 6, Section 21 of the Nevada
Constitution and NRS 1.4677. The respondent understands that the discipline
imposed will be included in a “consent order” filed pursuant to Interim
Commission Rule 29, and that said order must be and will be filed with the
clerk of the Nevada Supreme Court.
3. The respondent agrees to waive his right to file an answer in the
existing confidential/private proceedings, which he would otherwise be
allowed to do pursuant to Interim Commission Rule 12, and the Commission
agrees to accept said waiver.
4. The respondent agrees for the limited purpose of effectuating
this agreement, pursuant to Interim Commission Rules 12 and 13, to the entry
of a finding by the Commission that there is a reasonable probability the
evidence available for introduction at a formal hearing could clearly and
convincingly establish grounds for disciplinary action, on the following
issue:
A. Whether the respondent violated any individual
canon or combination of canons, including Canon 1 and 2 by virtue of his
conviction of the offense of driving while under the influence of
intoxicating beverages.
5. The respondent agrees to waive the filing of a formal statement
of charges against him by a special counsel, pursuant to Interim Commission
Rules 14-16, and the Commission accepts said waiver.
6. The respondent agrees to waive his right to file an answer to the
formal statement of charges and his right to a hearing at a public session,
pursuant to Interim Commission Rule 17 and 18, and the Commission accepts
the respondent’s waiver of said right, conditioned on the Commission’s
reservation of rights to conduct a public hearing and to mandate the
presence of the respondent if the Commission so chooses.
7. The respondent understands and agrees that the Commission may
immediately proceed to enter findings that the violation averred above in
paragraph recounted in paragraph 4, have been established by clear and
convincing evidence, without the necessity for the presentation of evidence
at a public hearing pursuant to Interim Commission Rules 24 through 26.
8. The respondent understands and agrees that pursuant to Interim
Commission Rules, the Commission may enter its decision imposing discipline
on the respondent. The respondent understands that he has the right to a
public proceeding and may appear at said proceeding, with or without
counsel, to present evident in mitigation and extenuation of punishment.
The respondent further understands that if he is chooses not to seek
or attend a public hearing, with or without counsel, he must file with the
Commission a written, notarized waiver of his right to personally appear and
be heard. The respondent understands that notwithstanding such a waiver,
the Commission can mandate that a public hearing be held and that he be
present at any hearing, public or private.
9. The respondent understands that by personally appearing on
December 1, 2004 and not exercising it, he has waived the right pursuant to
Permanent Commission Procedural Rule 6 to seek to disqualify any
commissioner for actual or implied bias.
10. The respondent agrees that by accepting the terms of this
agreement and the imposition of the limited sanctions imposed pursuant to
paragraph 2 above, he will waive his right to appeal to the Nevada Supreme
Court, pursuant to New Rule 3D of the Nevada Rules of Appellate Procedure, a
copy of which is attached hereto and incorporated herein by reference.
11. Finally, the respondent agrees that when on January 8, 2005, he
accepts the Supreme Court’s recall as a senior judge, he will continue to
maintain a regimen of treatment which, at a minimum, will include three
recovery meetings a week and a meeting weekly with a BADA certified
professional whose reports will continue to be made to Chief Judge Jerry
Polaha, or his designee (another judge within the Washoe County District
Court); and whose reports will be provided to the Commission upon request.
The respondent also agrees to whatever additional regimen, including
periodic and unannounced testing for the presence of alcohol, and reporting
that is considered appropriate by the Commission, the Chief Judge of the
Second Judicial District Court or his designee, the Administrative Office of
the Courts, or the Supreme Court of the State of Nevada.
DATED this 23rd of December, 2004.
/S/
CHARLES M. McGEE
Respondent
DATED this 30th day of December , 2004.
NEVADA COMMISSION ON
JUDICIAL DISCIPLINE
P.O. Box 48
Carson City, NV 89702
By:
/S/
David F. Sarnowski, Executive Director
The undersigned Commissioners do hereby
accept the terms of the stipulation between the
respondent and the Executive Director set forth
above, as they actually reflect the verbal
agreement reached
between the respondent and the
undersigned members during the
Commission’s December 1, 2004 private
hearing. We do
hereby authorize the Chairman to
author a document containing a public censure of the
respondent for having sustained a
misdemeanor conviction for driving under the influence of alcohol in December 2003; for filing
in the Commission’s public record and with the Clerk of the Nevada Supreme Court as part of a
Consent Order of this Commission.
