State Bar considers discipline for Whittemore; closing arguments Jan. 22
Harvey Whittemore, left, with his attorney Bill Bradley, appears before a Nevada State Bar disciplinary panel Friday, Jan. 10, 2014. / Marilyn Newton/RGJ
Written by
Martha Bellisle
Harvey Whittemore, left, with his attorney, Bill Bradley, appears before a Nevada State Bar Disciplinary panel on Friday. / Marilyn Newton/RGJ
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What’s next?
Closing arguments for the State Bar of Nevada disciplinary hearing is set for Jan. 22The five-member disciplinary panel will have 30 days to decide the punishment that it will recommend to the Nevada Supreme Court. The Supreme Court will decide whether Whittemore deserves no punishment, should have his license suspended or whether he should be disbarred.
Members of Whittemore’s disciplinary panel
• Douglas Rand, chairman• Washoe County Deputy District Attorney Mary Kandaras
• Kathleen Breckenridge, a certified family law specialist
• Thomas Susich, senior legal counsel, Nevada Employment Security Division
• Jodi Travis, lay member
More
Lawyers representing Harvey Whittemore, convicted of making illegal campaign contributions to U.S. Senate Majority Leader Harry Reid, told a Nevada State Bar disciplinary panel on Friday that he deserves leniency because he did not know his actions were illegal.
Whittemore also had the support of retired U.S. District Judge David Hagen and retired Nevada Supreme Court Justice Bob Rose, who both said he was a highly regarded lawyer and a hard worker.
“I’ve had the same opinion of Mr. Whittemore as a lawyer right up to this very moment,” said Hagen, who was appointed to the federal bench in Reno by Democratic President Bill Clinton and retired in 2005. “I knew Mr. Whittemore was always supporting political candidates and, I don’t mean to be pejorative, but I’m sure Harry Reid was always out there with his hand out.”
But Patrick King, assistant Bar counsel, continually objected during the daylong hearing to any suggestion that Whittemore should be given a break. King argued that Whittemore was convicted of three felony charges and sentenced to two years in prison.
“Any argument that would suggest that he is not guilty is not appropriate,” King said. “His conduct, his intent, his motives don’t play a role in that. The only issue for this panel is what is the appropriate discipline for someone who has committed these three felonies.”
A federal judge has ruled that Whittemore can remain free until his appeal is decided.
If the conviction is upheld, “he needs to be punished,” King said.
The panel was not able to complete the hearing on Friday and set Jan. 22 for closing arguments. They will have 30 days to decide an appropriate punishment for Whittemore and will send their recommendations to the Nevada Supreme Court, which will make a final judgment.
The state’s highest court has already turned down Whittemore’s request to reinstate his law license, which was suspended in November after he was sentenced. The justices said his crimes reflected badly on his “honesty, trustworthiness or fitness as a lawyer.”
Whittemore also had the support of retired U.S. District Judge David Hagen and retired Nevada Supreme Court Justice Bob Rose, who both said he was a highly regarded lawyer and a hard worker.
“I’ve had the same opinion of Mr. Whittemore as a lawyer right up to this very moment,” said Hagen, who was appointed to the federal bench in Reno by Democratic President Bill Clinton and retired in 2005. “I knew Mr. Whittemore was always supporting political candidates and, I don’t mean to be pejorative, but I’m sure Harry Reid was always out there with his hand out.”
But Patrick King, assistant Bar counsel, continually objected during the daylong hearing to any suggestion that Whittemore should be given a break. King argued that Whittemore was convicted of three felony charges and sentenced to two years in prison.
“Any argument that would suggest that he is not guilty is not appropriate,” King said. “His conduct, his intent, his motives don’t play a role in that. The only issue for this panel is what is the appropriate discipline for someone who has committed these three felonies.”
A federal judge has ruled that Whittemore can remain free until his appeal is decided.
If the conviction is upheld, “he needs to be punished,” King said.
The panel was not able to complete the hearing on Friday and set Jan. 22 for closing arguments. They will have 30 days to decide an appropriate punishment for Whittemore and will send their recommendations to the Nevada Supreme Court, which will make a final judgment.
The state’s highest court has already turned down Whittemore’s request to reinstate his law license, which was suspended in November after he was sentenced. The justices said his crimes reflected badly on his “honesty, trustworthiness or fitness as a lawyer.”
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