IN THE SUPREME COURT OF THE MUSCOGEE (CREEK) NATION (2019)
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IN THE SUPREME COURT OF THE MUSCOGEE (CREEK) NATION
SUPREME COURT
In re: The Matter of the Continued ) FILED
Admission to the Muscogee (Creek) )
Nation Bar Association by ) 7
Benjamin P. Zvenia ) MAR 1 4 2013
ADMINISTRATIVE ORDER 2019-01 COURT CLERK
MUSCOGEE (CREEK) NATION
“The Muscogee (Creek) Nation Supreme Court inherently possesses original and exclusive
jurisdiction in all matters regarding procedure and standards for admission of attorneys to practice
law before Muscogee (Creek) Nation courts. This Court possesses original jurisdiction to
investigate claims of attorney professional misconduct and investigate allegations of the
unauthorized practice of law before the Nation’s courts. This Court also possesses original
jurisdiction to discipline for cause any and all attorneys duly admitted to practice law before
Muscogee (Creek) Nation courts found to have engaged in professional misconduct. No attorney
duly admitted to the Muscogee (Creek) Nation Bar may place himself beyond the power of this
Court to maintain the roll of attorneys in accordance with the following rules by taking unto
v1
himself any office or position or shrouding himself in any official title.
I. INSUFFICIENT CREDENTIALS FOR MEMBERSHIP IN THE MUSCOGEE
(CREEK) NATION BAR
On June 4, 2018, the Court unanimously adopted Administrative Order 2018-02, In_re:
Adoption of Rules Governing the Muscogee (Creek) Nation Bar and Attorney Professional
Conduct.” (Hereinafter, the “Rules”). In a measured effort to identify what credentials and
1 See Administrative Order 2018-02, In re: Adoption of Rules Governing the Muscogee (Creek) Nation Bar and
Attorney Professional Conduct, Pg. 1.
2 These Rules were adopted following a sixty (60) day notice and comment period in which all bar members were
individually notified of the proposed rule change and the proposed rules were placed on the Court’s website for review
by the general public for the entire sixty (60) day notice and comment period. No comments were received by the
Court. These Rules superseded the administrative order previously published by the Court Jn re: Adoption of the
American Bar Association Model Rules of Professional Conduct (November 13, 2007) (all justices concurring).
Page 1 of 9
Administrative Order 2019-01, In re: The Matter of the Continued Admission to the Muscogee (Creek) Nation Bar
Association by Benjamin P. Zvenia, March 14, 2019
supporting documentation had been, and would continue to be required for admission to the
Muscogee (Creek) Nation Bar Association, the Court included the language of section 1-5 of the
new Rules, which provides:
At the time an application for admission to the Bar is filed, applicants shall also
provide:
(a) The completed Application for Admission to the Muscogee (Creek)
Nation Bar, including a signed and dated consent to jurisdiction on
the form prescribed by the Supreme Court; and
(b) An official, original certificate of good standing issued by the bar of
the highest court of any state of the United States or the District of
Columbia dated no more than ninety (90) calendar days prior to the
date of application to the M(C)N bar; and
(c) A seventy-five dollar ($75.00) check or money order made payable
to the M(C)N Bar Association (consisting of a one-time, nonrefundable fifty-dollar ($50.00) application fee and a twenty-five
dollar ($25.00) annual membership fee refundable upon denial of
the application for admission).
[Emphasis Added]
Upon review of the then-current Muscogee (Creek) Nation Bar membership, it was
determined that over seventy (70) Bar Members were deficient under either Rule 1-5 (a), for lack
of a consent to jurisdiction form on file, 1-5 (b), for lack of a certificate of good standing on file,
or 1-8, for lack of an oath of admission on file. Letters were sent to each Bar Member in mid-
December, 2018, requesting supplementation of their Bar records with the necessary (and missing)
documentation. The Bar Members were advised that failure to supplement their Bar records could
result in disbarment.
The Respondent’s original Application for membership to the Muscogee (Creek) Nation
Bar Association was filed on January 18, 2005. Under the Application section entitled “Bar
Memberships” the Respondent answered, “‘See attached material[.]” The attached “material” was
a “Bio of the Hon. Benjamin Zvenia[,]” which included a “Membership/Affiliations” section,
wherein the Respondent listed the “Bar Association of the District of Columbia (From 1997 to
Page 2 of 9
Administrative Order 2019-01, In re: The Matter of the Continued Admission to the Muscogee (Creek) Nation Bar
Association by Benjamin P. Zvenia, March 14, 2019
Present)[.]” No certificate of good standing was provided at the time of the Respondent’s
admission for either the Bar Association of the District of Columbia or that of any other state.
On December 18, 2018, a letter was sent to the Respondent advising him of the rule changes
and requesting that he submit an original and certified certificate of good standing to the Court
within thirty (30) days or face possible expulsion from the Muscogee (Creek) Nation Bar. (See
Exhibit 1). In the weeks that followed, the Respondent contacted the Office of the Supreme Court
via telephone and email requesting that this Court reconsider its application of the new Rules to
previously admitted Bar Members, as, the Respondent argued, such application was in violation
of Article 1, Section 10, of the U.S. Constitution, forbidding a state to pass “any bill of attainder,
ex post facto law, or law impairing the obligation of contracts... [.]” The Court reviewed the
Respondent’s claim and determined that its application of the new Rules towards previously
admitted Bar Members would not be in violation of the ex post facto clause of the U.S.
Constitution, as the new Rules were not criminal or punitive in nature, but concerned a civil
regulatory scheme, clearly rationally related to the Court’s legitimate goal of insuring a proficient
attorney Bar for the protection of individuals coming before the courts of the Muscogee (Creek)
Nation.
On January 31, 2019, the Court sent a second letter to the Respondent advising him that,
following review of his ex post facto claim, the Court stood by its previous request for submission
of an original and certified certificate of good standing from the Bar Association of the District of
Columbia or from any other state of the United States. (See Exhibit 2). The Court extended the
Respondent’s submission deadline for another thirty (30) days from the date of the letter.
On February 11, 2019, the Respondent called the Office of the Supreme Court and advised
that he received the Court’s January 31, 2019, letter and that he would be submitting a second,
Page 3 of 9
Administrative Order 2019-01, In re: The Matter of the Continued Admission to the Muscogee (Creek) Nation Bar
Association by Benjamin P. Zvenia, March 14, 2019
formal request for reconsideration within the coming days. As of the date of this Administrative
Order, no such formal request for reconsideration has been received by the Clerk of the Supreme
Court. Further, this Administrative Order comes after the expiration of the Respondent’s second
thirty (30) day deadline/extension of time in which to show proof of good-standing in the highest
court of any state of the United States or in the District of Columbia.
II. CANDOR TOWARDS THE COURT
During communications with the Respondent, as described in part 1, above, the Court
independently contacted the Bar Association for the District of Columbia to verify the
Respondent’s membership in that organization (based on the Respondent’s claim of membership
in his 2005 Application to the Muscogee (Creek) Nation Bar Association). The Court was advised
on February 12, 2019, that no record was found under the Respondent’s name. (See Exhibit 3).
On February 13, 2019, a request was sent to the Respondent for his District of Columbia bar
number, so that a second search could be conducted by the Bar Association for the District of
Columbia using this unique identifier. (See Exhibit 4). The Respondent replied, essentially
claiming that the “Bar Association of the District of Columbia[,]” as described in the Respondent’s
Application, was not the licensing body that manages the attorney bar for the District of Columbia,
but was some other voluntary, non-licensing organization by the same name. This Court can find
no record of the existence of such an organization.
At this time, the Court also located a March 26, 1999, Nevada Supreme Court Order
Removing Benjamin Zvenia from List of Appointed Non-Attorney Arbitrators, wherein, the Nevada
State Bar Association was directed to conduct an investigation into the Respondent concerning his
“qualifications and past record” and to make a recommendation concerning the Respondent’s
fitness as an arbitrator. (See Exhibit 5). The Nevada State Bar issued its report and
Page 4 of 9
Administrative Order 2019-01, In re: The Matter of the Continued Admission to the Muscogee (Creek) Nation Bar
Association by Benjamin P. Zvenia, March 14, 2019
recommendation in an October 1, 1998, filing wherein it was found that the Respondent was
previously convicted of practicing medicine without a license, that he claimed to be a member of
a foreign bar association of which he was not a registered member and that the Respondent
misrepresented to the Nevada Bar Association that he held a PH.D. (See Exhibit 6). Based on
these findings, the Nevada State Bar concluded that “‘it is fair to inquire with a curious eye as to
whether Mr. Zvenia in fact holds a PH.D. or similar advanced degree, or is in fact a law graduate.”
Further finding that the Respondent was “not qualified to be listed as an Arbitrator in the State of
Nevada.” Based on these recommendations, the Nevada Supreme Court removed the Respondent
from its list of non-attorney appointed arbitrators. The Respondent failed to disclose this Order to
the Muscogee (Creek) Nation Bar Association, or to this Court at the time of his admission and in
the years following.
Additionally, the Court located a July 26, 2000, Order of Disbarment, filed by the
Duckwater Shoshone Tribal Court concluding that the Respondent “was not candid with this Court
and failed to appraise this Court of his 1994 felony conviction, not graduating from an accredited
college of law, and his removal from the Nevada Supreme Court’s List of Appointed Non-Attorney
Arbitrators, thereby interfering with this Court’s proper initial and continuing consideration to
allow him to practice law, that Benjamin P. Zvenia is hereby disbarred from the practice of law
before the courts of the Duckwater Shoshone Nation Bar Association Member List.” (See Exhibit
7). The Respondent failed to disclose this Order to the Muscogee (Creek) Nation Bar Association,
or to this Court at the time of his admission and in the years following.
Page 5 of 9
Administrative Order 2019-01, In re: The Matter of the Continued Admission to the Muscogee (Creek) Nation Bar
Association by Benjamin P. Zvenia, March 14, 2019
This Court has long adopted a modified version of the Model Rules of Professional
Conduct. (Hereinafter, the “Model Rule(s)”).? Model Rule 8.1 provides the following:
An applicant for admission to the bar, or a lawyer in connection with a bar
admission application or in connection with a disciplinary matter, shall not:
(a) Knowingly make a false statement of material fact; or
(b) Fail to disclose a fact necessary to correct a misapprehension
known by the person to have arisen in the matter, or knowingly fail
to respond to a lawful demand for information from an admissions
or disciplinary authority, except that this rule does not require
disclosure of information otherwise protected by Rule 1.6.
As the licensing body for the Muscogee (Creek) Nation Bar Association, it should be selfevident that the duty of the Court in its review of Bar applications is to insure that only qualified
and ethically fit individuals are granted admission to practice law before the Nation’s courts. As a
practical matter, this can only be achieved when the applicant is forthcoming about his record,
education and professional affiliation credentials. This would include open disclosure by the
applicant of any past criminal convictions or orders from courts of other jurisdictions concerning
the applicant’s criminal or professional record or other issues of moral import. By failing to
disclose issues of this kind, an applicant misrepresents his qualification and fitness to the Court in
violation of Rule 8.1 of the Model Rules.
The Respondent failed to disclose his criminal record to the Court and has failed to disclose
orders from two (2) jurisdictions (that are known to this Court.) concerning his deficient, if not
fraudulent, applications for professional certification in those jurisdictions, both in violation of
Rule 8.1 of the Model Rules of Professional Conduct. The Respondent has also failed to provide
3 A modified version of the Model Rules of Professional Conduct was initially adopted by this Court on November
13, 2007. However, application of the Model Rules has long held strong persuasive authority with this Court and the
management of it Bar membership since its initial adoption by the House of Delegates of the American Bar
Association on August 2, 1983.
Page 6 of 9
Administrative Order 2019-01, In re: The Matter of the Continued Admission to the Muscogee (Creek) Nation Bar
Association by Benjamin P. Zvenia, March 14, 2019
proof of membership in a state bar association or the District of Columbia in violation of the Rules
Governing the Muscogee (Creek) Nation Bar Association. For these reasons the Court issues its
Order immediately disbarring Benjamin Zvenia from the practice of law before the courts of the
Muscogee (Creek) Nation and removing his name from the role of admitted Bar Members. The
Court further orders Benjamin Zvenia to give notice to all bar or professional authorities of any
jurisdiction in which he currently practices, or in which he applies for membership in the future,
of this Court’s order, and give notice to any and all clients relying on his admission in this Court
of this Court’s order.
IT IS HEREBY ORDERED that Benjamin Zvenia is immediately disbarred from the
practice of law before the courts of the Muscogee (Creek) Nation and shall be immediately
removed from the roll of admitted bar members.
IT IS FURTHER ORDERED that Benjamin Zvenia shall give notice to all bar or
professional authorities of any jurisdiction in which he currently practices, and/or is admitted to
practice, of this Court’s order within thirty (30) days of this order’s filing date.
IT IS FURTHER ORDERED that Benjamin Zvenia shall give notice to all bar or
professional authorities in which he seeks admissions in the future of this Court’s order.
IT IS FURTHER ORDERED that Benjamin Zvenia shall give notice to all of his clients
relying on his admission in this Court of this Court’s Order within thirty (30) days of this order’s
filing date.
Page 7 of 9
Administrative Order 2019-01, In re: The Matter of the Continued Admission to the Muscogee (Creek) Nation Bar
Association by Benjamin P. Zvenia, March 14, 2019
FILED AND ENTERED: March 14, 2019
— =e Ee oo) o— Ge ant
Andrew Adams III George Thompson, Jr.
Chief Justice Vice-Chief Justice
Associate Justice
Associate Justice
Kathleen R. Supra _ Woda HOw
Kathleen Supernaw Montie Deer
Associate Justice Associate Justice
MCNAC, J, not participating in the decision.
Page 8 of 9
Administrative Order 2019-01, In re: The Matter of the Continued Admission to the Muscogee (Creek) Nation Bar
Association by Benjamin P. Zvenia, March 14, 2019
CERTIFICATE OF MAILING
I hereby certify that on March 14, 2019, I mailed a true and correct copy of the foregoing
Administrative Order with proper postage prepaid to each of the following: Benjamin Zvenia, 5940
South Rainbow Boulevard, #1000, Las Vegas, Nevada 89118. A true and correct copy was also
hand-delivered to: Donna Beaver, Clerk of the Muscogee (Creek) Nation District Court.
Connie Lopua-
Connie Dearman, Court Clerk
Page 9 of 9
Administrative Order 2019-01, In re: The Matter of the Continued Admission to the Muscogee (Creek) Nation Bar
Association by Benjamin P. Zvenia, March 14, 2019
Este Cvte Mvskoke Etvlwv Fvtceckv Cuko Hvlwat
Muscogee (Creek) Nation Supreme Court
P.O. Box 546 - Okmulgee, OK 74447
Telephone: 918-758-1439 - 918-732-7633
Fax: 918-758-1440
Benjamin Zvenia
December 18, 2018
Dear Bar Member,
On June 4, 2018, the Justices of the Muscogee (Creek) Nation Supreme Court entered
Administrative Order 2018-02, In re: Adoption of Rules Governing the Muscogee (Creek) Nation
Bar and Attorney Professional Conduct. This Order formalized the admissions requirements for
the Muscogee (Creek) Nation Bar Association, including requirements that each applicant provide
an “official, original certificate of good standing issued by the bar of the highest court of any state
of the United States or the District of Columbia dated no more than ninety (90) days prior to the
date of application to the M(C)N bar[.]”
Our records do not indicate that you have provided the Supreme Court Clerk with an “official,
original certificate of good standing issued by the bar of the highest court of any state of the United
States or the District of Columbia” for inclusion in your file. The Court is Tequesting your
assistance in updating your file with this required document. Please be advised that failure to
submit this certificate within thirty (30) days of the date listed above will result in the Suspension
of your license to practice law before the Muscogee (Creek) Nation Courts.
Should you have any questions, please feel free to email EE or call
our office at the number listed above.
Muscogee (Creek) Nation Supreme Court
EXHIBIT 1
Este Cvte Mvskoke Etvlwv Fvtceckv Cuko Hvlwat
J
“
4 7
.
Muscogee (Creek) Nation Supreme Court
P.O. Box 546 - Okmulgee, OK 74447
Telephone: 918-758-1439 + 918-732-7633
Fax: 918-758-1440
Hon. Dr. Benjamin Zvenia
January 31, 2019
Honorable Dr. Zvenia,
The Court has reviewed your January 22, 2018, written objection to our December 18,
2018, letter advising you that, pursuant to our recently adopted Administrative Order, 2018-02, In
re: Adoption of Rules Governing the Muscogee (Creek) Nation Bar and Attorney Professional
Conduct, each MCN bar member must be a member in good standing with the bar of the highest
court of any state of the United States or the District of Columbia, and requesting that you show
proof of such state/D.C. membership within thirty (30) days of the Zetter or face expulsion from
the Muscogee (Creek) Nation Bar Association.
The Court has considered your argument that such a provision is in violation of Article 1,
Section 10, of the United States Constitution, which forbids a state to pass “any bill of attainder,
ex post facto law, or law impairing the obligation of contracts... .[.]” However, upon review of U.S.
Supreme Court precedent on the subject, it is clear to our Court that the ex post facto prohibition
does not apply in this civil/regulatory setting.
The U.S. Supreme Court has consistently held that “[tJhe Ex Post Facto Clause flatly
prohibits retroactive application of penal legislation.” [Emphasis Added] (See, most recently,
Bank Markazi v. Peterson, 136 S.Ct. 1310.) In many cases the U.S Supreme Court has concluded
specifically that ex post fact prohibitions only apply in a criminal context. (See, Calder v. Bull, 3
U.S. 386, the first U.S. Supreme Court decision concerning the application of the ex post facto
clause, in which the Court provided the following advice, “I will state what laws I consider ex post
facto laws, within the words and the intent of the prohibition. 1st. Every law that makes an action,
done before the passing of the law, and which was innocent when done, criminal; and punishes
such action. 2nd. Every law that aggravates a crime, or makes it greater than it was, when
committed. 3rd. Every law that changes the punishment, and inflicts a greater punishment, than
the law annexed to the crime, when committed. 4th. Every law that alters the legal rules of
evidence, and receives less, or different, testimony, than the law required at the time of the
commission of the offence, in order to convict the offender{,]”see also Carpenter v. Pennsylvania,
58 U.S. 456, 463, where the Court concluded that “if the [Act] involved a change in the law of
succession, and could be regarded as a civil regulation for the division of the estates...this court
EXHIBIT 2
could not pronounce it to be an ex post facto law, within the 10" section of the 1* article of the
constitution.” [Emphasis Added]).
While admittedly, civil legislation may sometimes produce punitive results, we are
confident that Administrative Order 2018-02 concerns a civil regulatory scheme (i.e. management
of our Bar membership), not a penal change. Such legislation has been consistently upheld by the
U.S. Supreme Court over ex post facto challenges (See Hawker v. People of New York, 170 U.S.
189, where a change in the state’s medical licensing requirements retroactively prohibited the
petitioner from maintaining his medical license due to a prior felony conviction. The Court, citing
Dent v. West Virginia, 129 U.S. 114, held that “[t]he power of the state to provide for the general
welfare of its people authorizes it to prescribe all such regulations as, in its judgment, will secure
or tend to secure them against the consequences of ignorance as well as of deception and fraud.”).
Our Court has made the conscious decision that our citizenry will be better protected and ensured
more effective assistance of counsel when the Nation’s Bar membership are required to be state
licensed attorneys, having completed formal legal training and having passed a state bar exam
exhibiting their proficiency in the law.
Additionally, with respect to any possible due process concerns, substantively, we are of
the opinion that Administrative Order 2018-02 is clearly rationally related to our legitimate goal
of insuring a proficient attomey Bar for individuals coming before the Courts of the Muscogee
(Creek) Nation, and procedurally, that each Bar Member was timely notified in early April of 2018
of proposed amendments to the MCN Rules of Professional Conduct (you were specifically
notified on April 2, 2018, at 12:28 p.m., CST) and provided sixty (60) days, or until June 1, 2018,
to submit comments or objections to these proposed changes. No comments were received and the
proposed revisions went into effect on June 4, 2018.
As such, we stand by our request for evidence of your state bar good standing and will
extend our request for an additional thirty (30) days from the date of this letter for you to provide
our office with an original, certified certificate of good standing. Following this thirty (30) day
extension, we will move forward with removing your name from our bar rolls.
Sincer¢ly,
Andrew Adams IT
<FT
olla
Chief Justice
Muscogee (Creek) Nation Supreme Court
Josh Atwood
EE oo Neeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eee rere ee eee
From: Nicole (D.C. Bar Member Services) [I
Sent: Tuesday, February 12, 2019 3:43 PM
To: Josh Atwood
Subject: Ticket #82151 Re: [EXTERNAL]Bar Member Good-Standing Request
##- Please type your reply above this line -##
Nicole (DC Bar)
Feb 12, 4:42 PM EST
Mr. Atwood,
Thank you for contacting Member Services at the D.C. Bar. | was unable to locate a member by that name.
Would it be under a different name perhaps?
Best,
Nicole Fisher D.C. Bar Member Services
LEEBAR
EXHIBIT 3
From: Josh Atwood
To:
Subject: Bar Member Good-Standing Request
Date: Tuesday, February 12, 2019 2:46:25 PM
Dear D.C. Bar, Member Services,
My name is Joshua Atwood. | am the Staff Attorney for the Muscogee (Creek) Nation Supreme Court.
Our Court manages the Muscogee (Creek) Nation’s tribal bar membership. In order to maintain
membership with our bar, members are required to be licensed in either a state bar association or in
the District of Columbia. One of our bar members has listed that he is a member in good standing
with the District of Columbia Bar Association. However, | am unable to find any record of his
membership on your site.
| was hoping you could provide information on this individual, specifically, (1) if he is currently a
member in good standing with the D.C. Bar, and (2) if he has ever been a member in good standing
with the D.C. Bar. His application with our Court states that he was admitted to the D.C. Bar in 1997.
The individual’s name is Benjamin P. Zvenia, date of birth i.
Thank you for any help you can provide in this matter.
Sincerely,
Joshua W. Atwood
Staff Attorney
Muscogee (Creek) Nation, Supreme Court
P.O. Box 546
Okmulgee, Oklahoma 74447
Office: 918-758-1439
Fax: 918-758-1440
This electronic message, including any attachments from the Muscogee (Creek) Nation Supreme
Court may contain information which is privileged, confidential, and protected work product. If you
are not the addressee, note that any disclosure, copying, distribution, or use of the contents of this
message is prohibited. If you have received this electronic message in error, please destroy it and
notify us immediately: (918) 758-1439.
Josh Atwood
OO EE eee”
From: Josh Atwood
Sent: Wednesday, February 13, 2019 2:58 PM
To: ‘Hon. Benjamin Zvenia'
Subject: RE: Followup
Hon. Dr. Zvenia,
In reviewing your original October 18, 2005, Application for Admission to the Muscogee (Creek) Nation Bar Association,
the Court noticed that you listed the “Bar Association of the District of Columbia (From 1997 to Present)” under the Bar
Membership section of the Application.
The Court is requesting that you provide our office with your current bar number with the D.C. Bar Association, or, if you
are no longer a member, to provide our office with any bar number you were previously issued by the D.C. Bar
Association since your admittance in 1997.
Sincerely,
Joshua Atwood
Staff Attorney
Muscogee (Creek) Nation Supreme Court
From: Hon. Benjamin Zvenia [mailt J
Sent: Tuesday, January 22, 2019 11:34 AM
To: Josh Atwood <r >
Subject: Followup
To Joshua:
See attached as we discussed and with respect to history, as you know, admission was based on all at that time
by Judge Moore and Justice Oliver plus clerk at the time. All was done based on discussions at National Judicial
College and tribal court programming the he and I attended which with respecting tribal sovereignty started
with discussion from our Navajo classmates and fact of law school graduates taking their bar and being
members of FBA but where else would status be given. Remember this was a tribal courts were starting to get
more recognition with respect to VAWA orders etc and state bars have NO business with respect to tribal
courts. In fact at that time and previous tribal bar members were looked at like international law
equivalents. Not like today where your tribal bar membership NOW allows you to join the ABA and all is
based on USDOL ECAB Ruling with Rule change from Oct 20, 2008 that I provided to you.
What the new rules do if followed, create an ex post facto situation which cannot stand. The court and bar
association can make all tighter for NEW admissions but NOT for older current and active members of the bar.
You can however mandate CLE to keep status as most bars do.
You need to realize what the admission means and for those of us over 10+ yrs active creates rights and
protected by case law. Call me and if needed I’m happy to jump on conference call or as I do spend time in
Lawton OK come by.
EXHIBIT 4
Thanks,
Ben
Hon. Dr. Benjamin Zvenia
Phone:
Fax:
Cell:
Email:
This email and any attachments thereto are intended only for use by the addressee(s) named here
in and may contain legally privileged and/or confidential information. The unauthorized disclosu
re of interception of Email is a federal crime. See 18 U.S.C. § 2517(4). If you are not the intende
d recipient of this email, you are hereby notified any dissemination, distribution or copying of thi
s email, and any attachments thereto, is strictly prohibited. If you receive this email in error pleas
e immediately notify us at
and permanently delete the original copy and any copy of any email, and any printout there
of.
® )
IN THE SUPREME COURT OF THE STATE OF NEVADA
IN THE MATTER OF THE DEVELOPMENT ADKT 126
OF ALTERNATIVES TO TRADITIONAL
LITIGATION FOR RESOLVING LEGAL
DISPUTES. FILED
MAR 26 1999
JANETTE hi. BLOOM
LE 5 EME Ci
fat
BY :
HIEF DEPUTY CLERK
ORDER REMOVING BENJAMIN ZVENIA
FROM _LIST OF APPOINTED NON-ATTORNEY ARBITRATORS
On April 10, 1998, pursuant to a certification from
the State Bar of Nevada and an order of this court, Benjamin
Zvenia was appointed as a non-attorney arbitrator to the Court
Annexed Arbitration Program. Thereafter, on May 14, 1998, this
court dismissed an appeal by Zvenia from a judgment of
conviction. Zvenia, who claims to be a naturopathic physician,
was convicted of practicing medicine without a license and
sentenced to a six-year prison term.
Accordingly, on September 2, 1998, this court
directed the state bar to conduct an investigation into
Zvenia's qualifications and past record and to make a
recommendation with respect to Zvenia's fitness as an
arbitrator. The state bar filed: a timely recommendation and
report with respect to Zvenia, in which it submits that Zvenia
is not qualified to be listed as an arbitrator. Zvenia has not
responded to the state bar's report.
In support of its recommendation, the state bar
discloses, among other things, that Zvenia has been charged
with and/or convicted of numerous offenses and that Zvenia has
misrepresented his professional status and educational
background. We therefore agree with the state bar that Zvenia
is not qualified to be listed as an arbitrator in the State of
EXHIBIT 5
99- 1/8463
“
7 .
Ce
Nevada. Accordingly, we remove his name from the list of nonattorneys appointed as arbitrators.
It is so ORDERED.
Rose N
, Ju.
Y
1 J.
Maupin
, J.
, J.
, d.
Leawitt
Recker , J.
Becker
cc: All District Court Judges
Hon. Steven D. McMorris, Special Master/
Arbitration Commissioner
Thomas W. Biggar, Discovery/Arbitration Commissioner
Wesley M. Ayers, Discovery/Arbitration Commissioner
David I. Nielson, Discovery Commissioner/
Arbitration Program
Wayne Blevins, Executive Director
Christopher T. Boadt, Director of Continuing Legal
Education, State Bar of Nevada
Benjamin Zvenia
mae
No =
ono eo NY HA A SR W
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IN THE SUPREME COURT OF THE STATE OF NEVADA
IN THE MATTER OF THE DEVELOPMENT
OF ALTERNATIVES TO TRADITIONAL
LITIGATION FOR RESOLVING LEGAL ADKT: 126
DISPUTES = i i. = O
)
OCT 01 1998
RECOMMENDATION AND REPORT wea
PURSUANT TO ORDER OF REFERRAL chip GUPREME CaYAT
RE: BENJAMIN ZVENIA
IEF DEPUTY CLERK
The State Bar of Nevada agrees with this Honorable Court that Benjamin Zvenia is not qualified
to be listed as an arbitrator in the State of Nevada.
Pursuant to this Court’s Order of September 2, 1998, the State Bar did conduct an investigation
into Mr. Zvenia’s qualifications and past record. The following is apparent.
In its Order of referral to the State Bar of Nevada, this Court noted that it dismissed an appeal
by Zvenia from a judgment of conviction of one count of practicing medicine without a license. In its
Order dismissing the appeal, this Court noted that Appellant, who claims to be a naturopathic physician,
engaged in conduct defined as the practice of medicine and, consequently, was sentenced to a six year
prison term and ordered to pay a fine. Because it is evident that Mr. Zvenia has a prior conviction, the
State Bar conducted some inquiry into his past criminal record and was able to obtain a listing of various
offenses which evidently Mr, Zvenia has been charged with or convicted of. Exhibit 1.
The State Bar is aware of a situation which occurred in Immigration Court earlier this year
wherein Mr. Zvenia made application to the Court to practice therein. Mr. Zvenia’s letter to the
Honorable Judge Mullins is included herein. Exhibit 2.
It is apparent from Mr. ‘Zvenia’s letter to Judge Mullins that the basis upon which he made
application to practice in Immigration Court was his alleged licensure as an attorney by the Supreme
Court of the Federated States of Micronesia. However, the Chief Clerk of Court of the Supreme Court
QECEIVES.
OCT 0 1996
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of the Federated States of Micronesia indicated at approximately the same relevant time period, that Mr.
Zvenia was not a member of the Bar of the Federated States of Micronesia. Exhibit 3.
Based upon the fact that Mr. Zvenia has been convicted of practicing medicine without a license,
it is apparent to the State Bar that there is an issue concerning the truthfulness surrounding any
professional status or professional degree that Mr. Zvenia may claim he possesses. In addition, as is
apparent above, in this same vain evidently Mr. Zvenia has claimed to be a member of a foreign bar of
which he is not. Based upon these concerns, the State Bar believes there is reason to question the
legitimacy of Mr. Zvenia’s representations of holding of advanced degrees or professional status. In
addition to the above, of relevant note, Mr. Zvenia has represented that he is a PH.D. as is evident by
the labeling of his name followed by the designation “PH.D.” on a check written to the State Bar of
Nevada on or about December 5, 1997 as payment prior to his attendance at the Arbitration Training
Program. Exhibit 4. In addition, Mr. Zvenia has indicated he is a law graduate in paperwork submitted
to the State Bar which accompanied his request to participate in Arbitration Training. Exhibit 5.
Based upon the above, the State Bar believes it is fair to inquire with a curious eye as to whether
Mr. Zvenia in fact holds a PH.D. or similar advanced degree, or is in fact a law graduate.
As spelled out in the Affidavit of Rob W. Bare, Bar Counsel, on September 23, 1998, at
approximately 2:50 p.m., Bar Counsel had a personal conversation with Benjamin Zvenia, which followed
Bar Counsel’s phone call to him. Exhibit 6. Bar Counsel asked him if he was a law school graduate and
he said that he was and he had graduated from a law school that is recognized by the California Bar. He
stated it is in Burbank, California known as Kensington College School of Law.
Bar Counsel asked him about his purported status as to holding a PH.D., he indicated that he
graduated and received a PH.D. from a school in Puerto Rico. Bar Counsel asked that he forward to the
Bar by September 25, 1998, the paperwork evidencing that. He indicated he would, as he was “just
across the street and he would run it right over.”
On September 28, 1998, Office of Bar Counsel contacted Kensington University, College of Law,
located in Glendale, California. The office of Bar Counsel spoke with Norma Machulla, Law School
Administrator, and she informed that there is no record of a Benjamin Zvenia graduating from their
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school. She also stated that Mr. Zvenia did submit his application to their University in June, 1994 and
he never completed enrollment.
Further, as of the filing of the instant Recommendation and Report, no documents concerning Mr.
Zvenia’s “PH.D.” or any other documents have been received by the Office of Bar Counsel.
Based upon the above, the State Bar agrees that Benjamin Zvenia is not qualified to be listed as
an Arbitrator in the State of Nevada. This is because there appears to be serious questions as to his
character for honesty and truthfulness concerning his professional background and/or status.
DATED this 77 _ day of September, 1998.
STATE BAR OF NEVADA
ROB W. BARE, Bar Counsel
Nevada Bar No. 4914
600 E. Charleston Blvd.
Las Vegas, NV 89104
(702) 382-2200
SEP-22-1998 i1:2d
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EXHIBIT
89-21-98 23:12 RECEIVED FROM:
SEP-22-199B8 11:28 P.G3/a7
, S
PREV, ZVENIA & ASSOCIA
Benjautin Zventa, Esq: _
@tenbes Pedeveted Semmes ofbScresesia Bor)
Re.: ‘Bar admissions of Ben Zvenia and of Passo, Zvenia & Associates
Dear Judge Mullins:
Enclosed please find documentation which should allay concems on your part, the INS and
the DO] concerning my Sonmal admission last Noveaber 1997 to the Bar of the Federated States
of Micronesia (which, as you know, is part of the 9th Circuit Court of Appeals of the United
States of America). This documentation includes (1) ence from Salomon Saiteon,
re Lonel Ne ald eae leh and Saimon. ge ed
r is the largest and most prestigious in the Federated States of Micronesia.
(2) the howe page of the web site of the Law Offices of Holinrake and Saimon (its URL i
hitp://worw fayhollinrake). This intemet information is provided as adequate ;
material 10 confirm our belief for the authenticity of my Bar Admission there.
As ny pr, Rick Ps, aT idatd to your af an 5 personaly nated 1 you
yesterday, the
my
contact personaily the office this morning, but Mr. Suimon 2nd the office associates were either
tied up or out af the office. As indicated in the aforementioned documentation, my bar icense—
hange in his office in Kolonia, Pohnpei, in the Federated States of Micronesia. As soon as is
tumanly possible, a copy will be sent to you to be in your files. In the interim, 2s,was also
detailed to your staff, if there is truly a problem, [ be covered by my admission to the
Duckwater Shoshone Tribal Court (Bar No, 0009) and the Inter-Tribal Court of Appeals of
Nevads, which are Courts of Federal Jurisdiction (documentation of these admissions is also
enclosed), Furthermore, my partner Rick Passo is a member of the State Bar of California, the
Sth Circuit Court of Appeals and the United States Districts Court for the Central, Eastern and
Southern Districts of California. If necessary, as I discussed with you yesterday, Rick is willing to
sapervise all my immigration files, until you, the INS and the DOJ are satisfied with nsy bar status.
Additionally, as in indicated in the enclosed correspondence from Salmon Satmon of the Law
Offices of Hollinrake and Saimon, Mr. Saimon intends to be in the Las Vegas area “sometime in
Fe Reece APL ioe to,se velop] oar} as Vegas Oltice ac slconrespcenient <aBce Sor
[the Law Offices of Hollinrake and Saimon}." I'am sure that Salomon would be happy to meet
coping, aod developing elasiouhiy betwoen te legen in Sram the Fedsraod Sexes of
ongoing, int erated States 6
Micronesia and Passo, Zvenia & Associates.
EXHIBIT
MAR-24-1998 16:18 99% ho
89-21-98 23:17 RECEIVED FROM:
SEP-22-1998 11729
P.04/07
I trust that you share the concems of both Rick and I that my professianal ion ~- and that
of Passo, Zvenia & Associates — not be tamished by what is at most a clerical error. Both Rick
and I hold and cherish deeply the highest canons of professional ethics as attorneys. I trust
that you have always found that my ional conduct has always been of the highest
order and that my zealous advocacy for all of my immigration clients has always bees
beyond reproach. Please rest assured that both Rick and I will endeavor to do whatever you
require to address your concems. All we ask is for the professional courtesy of having adequate
time to gather any frzher information that might be required — especially given the geographic
separation between Las Vegis and the Federated States of Micronesia._
. The bottom ine for me, for Rick and for Passo, Zvenia & Associates bas been and always
will be what is best for our clients and what is best for the zonal ethical standards
whick we bold dearly. With that as our sole goal, Rick and I request your advice on how to
best handle the mmltiple cases that Passo, Zventz & Associates have on calendar for Thwysday,
Please call with respect to guidance for Thursday's calendar.
-93 77232177 RECEIVED FROM: P.04
SEP-22-1998 11:28 i
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MAR-25-1998 14:29
89-21-98 23:17 RECEIVED FROM:
at? Ss
Se Cale er aS
tare ees BN te Jo ty!
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Please sign the following:
i ED. my profession for eight years or more. Please sign on the line below.
CA FTL. Lave. £ hw byrollichee
ies where you will attend:
Q Reno » Thursday, December 4, 1997 » The National Judicial College
Q Las Vegas * Friday, December 5, 1997 » CCSN High Desert Conference Center
Nevada Bar Card Number.
~~
Name oN Gaaivy Denice.
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NOTE:Add ¢25 Jade Fee to the prices below if paying after Tuesday, December 2, 1997.
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Mail co:
Arbitration CLE— State Bar of Nevada
600 E. Charleston
Las Vegas, Nevada 89104 FETT IT
Ql am also licensed in California and wish to apply this seminar toward the MCLE EXHIBIT
requirements of the State Bar of California, li i 5
Course #538 Course Level; Intermediat@l
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AFFIDAVIT
STATE OF NEVADA
COUNTY OF CLARK
$s:
ROB W. BARE, under penalty of perjury, being first duly sworn, deposes and says
as follows:
1. That your Affiant is a licensed attorney in Nevada and currently employed as Bar
Counsel for the State Bar of Nevada.
2. That on September 23, 1998, | personally contacted Benjamin Zvenia, by
telephone, to determine what law school he had graduated from and where he received his
PH.D.
3. That during the telephone conversation, Benjamin Zvenia stated he was a
graduate from a law school recognized by the Califomia Bar. According to Mr. Zvenia, the law
school is located in Burbank, California and is known as Kensington University, College of
Law. Mr. Zvenia also indicated that he graduated and received a PH.D. from a school in
Puerto Rico.
4. That | requested Mr. Zvenia provide to me by September 25, 1998 the
paperwork evidencing the same. Mr. Zvenia indicated he would, as he was “just across the
street and he would run it right over.”
5. That on September 28, 1998, the office of Bar Counsel contacted Kensington
University, College of Law located in Glendale, California. The Law School Administrator,
Norma Machulla stated that there was no record of a Benjamin Zvenia graduating from their
school. She also stated that Mr. Zvenia did submit an application to the University in June,
1994 and he never completed enroliment.
Tl
MT}
12 &XHIBIT
iene
6.
.-
ary Public te
C) , : &
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As of the date of filing of the instant Recommendation and Report, no documents
concerning Mr. Zvenia’s “PH.D.” or any other documents have been received by the Office of
Bar Counsel from Mr. Zvenia.
Further affiant sayeth naught.
DATED this ACK day of September, 1998.
LEE IE
ROB W. BARE
Subscribed to and sworn before me
this <7 a day of September, 1998.
NOTARY PUBLIC
STATE OF NEVADA
County of Clark
JANICE €. BUSTRIA
Appt. No. 82-1955-1
ret intment Expires Aug. 27, 2000 }
MAL
© a, ®
CERTIFICATE OF MAILING
the
I, hereby certify that on the ae day of September, 1998, the foregoing
RECOMMENDATION AND REPORT PURSUANT TO ORDER OF REFERRAL RE;
BENJAMIN ZVENIA was served on the below party by mailing a copy thereof, first class mail,
— Zvenia
postage prepaid, to:
Z
CE E. BUSTRIA, an employee
of the State Bar of Nevada
[OCR skipped on page(s) 31-33]
[Read from a scan; the first 30 pages.]
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