In re Rogers

Perry Thompson, Admissions Office, U.S. Supreme Court

This is a review of a recommendation by a hearing panel of the Southern Nevada Disciplinary Board regarding the capacity of attorney John S. Rogers to practice law. We previously transferred Rogers to disability inactive status pending such a determination of capacity. In re Disability of John S. Rogers, Docket No. 53399 (Order of Transfer to Disability Inactive Status and Referral for Examination by Qualified Medical Expert, September 2, 2009). The panel held a hearing and subsequently issued its findings of fact, conclusions of law, and recommendation.

The panel examined reports by Dr. John Paglini and Dr. Dodge A. Slagle and also heard testimony by Dr. Slagle. In addition, Rogers testified that he was regularly attending meetings of Alcoholics Anonymous and Lawyers Concerned for Lawyers, and that he intended to continue doing so. Rogers also represented that he was taking medication prescribed by Dr. Slagle to treat bipolar disorder. The panel concluded that Rogers demonstrated by clear and convincing evidence that he is currently not disabled and is currently competent to practice law.

Having reviewed the record, we conclude that clear and convincing evidence supports the panel's findings and conclusions. We therefore determine that Rogers is not incapacitated from practicing law and hereby reinstate him to active status, with direction that he continue to regularly attend meetings of Alcoholics Anonymous and/or Lawyers Concerned for Lawyers and continue to take the medication(s) prescribed by Dr. Slagle. SCR 117(3). We direct that any disciplinary proceedings against Rogers may resume. Id.

IT IS SO ORDERED.