Recently Hired Pershing County DA Twice Disciplined for Misconduct

Lovelock officials have been experiencing difficulty trying to fill the open position of Pershing County District Attorney after former DA Bryce Shields was appointed to fill an Eleventh District Court judgeship following the death of Judge Jim Shirley last October. On Jan. 2, county commissioners voted to appoint Jack Bullock as interim District Attorney for 60 days.

Despite recruitment efforts, the posting had not attracted any applicants, and the position was still unfilled in early March. During the March 4 commission meeting, Bullock implored commissioners to fill the position, as his two-month commitment as interim DA was coming to an end. “I can't keep doing it,” Bullock said. “It's fatiguing on me... I'm too old for this… If I was ten years younger, it'd be a lot easier.”

At that time, Commissioners Chuck Sayles, Joe Crim, and Connie Gottschalk discussed increasing the salary to $150,000, hoping to attract more applicants.

On March 11, during a special county commission meeting, commissioners introduced two candidates, Derrick Penney and Steve Girardot, who both shared information regarding their qualifications for the position. Additionally, Penney and Girardot stated their intention to run for Pershing County District Attorney in the upcoming election. Both are officially listed as candidates on the Nevada Secretary of State website.

After deliberating in closed session, Commissioner Sayles moved to appoint Girardot, but the motion failed for lack of a second. Commissioner Crim then made a motion to appoint Penney as district attorney, seconded by Connie Gottschalk. The motion passed on a 2–1 vote, with Sayles dissenting.

Despite the presentation of two candidates, a review of the publicly posted March 11 meeting agenda packet shows no resumes or CVs were included for public review, and no supporting materials outlining applicant qualifications were provided.

Since that time, information has come to light regarding State Bar suspensions of Derrick Penney. In January 2022, the reviewing panel concluded that he violated the rules of professional conduct, specifically issues with diligence, communication, safekeeping property, expediting litigation, misconduct, and general disciplinary matters.

In October 2018, estate proceeds of $153,863 were placed in trust for a client. Penney did not complete the probate and, by December 2020, had depleted the account to $15,061 without any funds being disbursed to the client. Further, Penney was largely unresponsive to client inquiries and to subsequent State Bar communications. However, the money was refunded to the estate by Penney, in what the review panel chairman, Kenneth Hogan, Esq., said was “several years too late.”

The State Bar issued Findings of Fact on Nov. 22, 2021, and found several aggravating factors, including dishonest or selfish motive, multiple offenses, and illegal conduct. The reviewing panel, the Southern Nevada Disciplinary Board, recommended that the Nevada Supreme Court suspend Penney from practicing law for 36 months, with all but six months stayed.

The panel also recommended conditions of full cooperation with a legal practice mentor during the suspension, no contact with client trust accounts, and completion of nine additional hours of continuing legal education. An order of suspension was filed in the Nevada Supreme Court on April 29, 2022, with an order of reinstatement filed on Oct. 19, 2023.

While on suspension, Penney was again disciplined in a case by the State Bar for violating the Rules of Professional Conduct, specifically issues with diligence, communication, safekeeping property, expediting litigation, and misconduct.

Court documents state that a client retained Penney to litigate post-conviction actions. According to the State Bar, he did not diligently litigate those matters, failed to communicate with the client and the State Bar, and failed to place the client’s attorney fees deposit into his trust account.

An order for a six-month-and-one-day suspension, to run concurrently with the first suspension, was filed in the Nevada Supreme Court on Oct. 10, 2022, with reinstatement for this case ordered on Oct. 19, 2023.

During the March 11 special meeting, when introducing himself, Derrick Penney stated he served as chief deputy at the Nevada State Public Defender’s Office, serving in White Pine County, and noted that he was a former alternate public defender in Humboldt County.

“Currently, I um am a chief deputy at Nevada State Public Defender …been with the state for two years doing that,” said Penney. “Prior to that I was Humboldt County Alternate Public Defender, so I spent a couple years in Humboldt County as well.”

However, a "Stop Order" email was sent by the NSPD office to courts and attorneys across the state on Feb. 19, stating that “Derrek Penney is no longer with the Nevada State Public Defender’s Office. As such, effective immediately, he is no longer authorized to conduct business on behalf of NSPD and/or receive information on behalf of NSPD.”

At this point, county officials have not publicly addressed Penney’s disciplinary history or employment status at the time of his appointment. County Manager Kristen Gonzalez, Commissioner Joe Crim, and DA Derrick Penney were contacted for comment. More information will be available as the story develops.