Peter L. Flangas v. State Bar of Nevada, John C. Mowbray, Gordon Thompson, Cameron M. Batjer and Noel Manoukian

Four of the five justices of the Nevada Supreme Court appeal, claiming that the district court erred in granting a preliminary injunction against disciplinary proceedings involving attorney Flangas. In his original complaint, Flangas alleged that the Nevada disciplinary procedures were unconstitutional. The district court dismissed his action with prejudice. While his appeal of that dismissal was before this court, Flan-gas made a motion in the district court to amend his complaint based upon detailed and particularized allegations of bias on the part of four members of the Nevada Supreme Court. After our decision affirming the district court’s earlier dismissal, the district court found, on the basis of those • allegations with no counter affidavits filed, that Flangas could not receive a fair hearing and granted a preliminary injunction against a pending state quasi-criminal proceeding. The State Bar of Nevada was dismissed as a defendant. The four justices contend that the district court abused its discretion in granting the preliminary injunction. We agree and reverse the district court.

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On September 11, 1978, the Nevada State Bar Board of Governors (Board) recommended…