Grievance Against Schools Lawyer Dismissed
(LAS VEGAS, KXNT)–A grievance claiming a Clark County School District attorney committed misconduct has been rejected by the Nevada Bar Association.
A local citizen, Joe Spencer, has filed ethics complaints against several current and former school trustees, claiming they violated state law in lobbying for passage of a proposed property tax increase in 2012, which was ultimately turned down by voters.
Two board members were found to have broken the law, but a state ethics probe ruled they did not do so intentionally. All claimed they were following legal advice provided by school district counsel Carlos McDade.
Spencer filed the grievance with the state Bar, but in a letter sent to Spencer, the Bar Association which says “any professional misconduct in this matter could not be proved by ‘clear and convincing evidence'”, which is the standard in disciplinary matters.
In a reply sent to the Bar in response to the decision, Spencer says “if a state law was broken…..and the people who broke the law are not responsible because their attorney told them to take the actions that were law-breaking…..and yet the attorney is not responsible for telling clients to take actions that broke the law…..then who in the hell is responsible?”
The Nevada Bar Association would not comment on its letter, citing confidentiality in such matters unless they have elevated to an action.