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J ACOB L. HAFTER, ESQ.
Nevada State Bar No. 9303
LAW OFFICE OF J ACOB L. HAFTER, P.C.
7201 W. Lake Mead Boulevard, Suite 210
Las Vegas, Nevada 89128
Tel: (702) 405-6700
Fax: (702) 685-4184

Pro Se Plaintiff


UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA



J ACOB HAFTER, ESQ.,
Plaintiff,
vs.

STATE BAR OF NEVADA,

Defendants.
Case No.: 2:10-cv-553






COMPLAINT
COMES NOW, Plaintiff J ACOB HAFTER, ESQ., and hereby files this complaint for
injunctive and declaratory relief against Defendant STATE BAR OF NEVADA for violation
of his rights under the First and Fourteenth Amendments to the United States Constitution, and
here alleges as follows:
INTRODUCTION
1. J acob Hafter, Esq., as a candidate for Attorney General of the State of Nevada, issued a
press release on April 7, 2010 as a political candidate criticizing the incumbent Attorney
General for engaging in acts which were allegedly violated the attorney-client privilege in
violation of Rule of Professional Conduct 1.6, and advising that those acts had been brought to
the attention of the Nevada State Bar. On the same day, Mr. Hafter spoke to several reporters
on a conference call where he restated the contents of his press release. One of those reporters,
Case 2:10-cv-00553-PMP-LRL Document 1 Filed 04/16/10 Page 1 of 7

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Elizabeth Crum, referred to Mr. Hafters comments about the allegations of misconduct by the
incumbent in a story that she wrote.
2. On Tuesday, April 13, 2010, a reporter from the Las Vegas Review J ournal, Ben
Spillman, called Mr. Hafter to inform him that a representative from the State Bar stated that
not only was the State Bar not investigating the incumbent for such allegations of misconduct,
but that the State Bar has initiated a formal investigation into Mr. Hafter as a result of his April
7, 2010 press release and comments he made to Ms. Crum.
3. On Wednesday, April 14, 2010, Mr. Hafter received a formal letter of investigation
from the State Bar.
4. As both the press release as well as the comments made to Ms. Crum were political
speech protected by the United States Constitution, the State Bars disciplinary proceedings are
unconstitutional. Accordingly, Mr. Hafter seeks declaratory and injunctive relief against
Defendant State Bar of Nevada, and asks this Court to order the immediate termination of such
proceedings.
JURISDICTION
5. Plaintiff brings this action pursuant to 42 U.S.C. 1983 for violation of his rights under
the First and Fourteenth Amendments to the United States Constitution.
6. This Court has jurisdiction pursuant to 28 U.S.C. 1331 and 1343(a)(3). Declaratory
relief is authorized by 28 U.S.C. 2201 and 2202, and injunctive relief pursuant to
Fed.R.Civ.P. 65.
PARTIES
7. At all times material hereto, Plaintiff, J ACOB HAFTER, ESQ. (HAFTER) was a
resident of the State of Nevada.
8. At all times material hereto, Defendant STATE BAR OF NEVADA (Defendant) is a
public corporation in the State of Nevada created by statute and Supreme Court Rule 76.
FACTS
9. On or about J une 23, 2005, Hafter was admitted to practice law in the State of Nevada.
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10. On March 1, 2010, Hafter filed his Petition for Candidacy to run for the Attorney
General of the State of Nevada.
11. In his Petition for Candidacy, Hafter declared his candidacy as a member of the
Republican party.
12. On or about March 30, 2010, Catherine Masto, the incumbent Attorney General for the
State of Nevada (Masto) wrote a letter to Governor J im Gibbons declining Governor
Gibbons direction to Masto to join the litigation against the constitutionality of the Patient
Protection and Affordable Care Act of 2010 (the PPACC) on behalf of the State of Nevada.
13. In her March 30, 2010 letter, Masto provided the reasoning for her refusal to join such
litigation.
14. In addition to sending the March 30, 2010 letter to the Governor, Masto, either directly
or through her office staff, sent the letter directly to various third parties, including members of
the press.
15. Shortly thereafter, Deputy Chief of Staff Lynn Hettrick, in an interview on Nevada
Newsmakers, a television program, announce that the Governor had never waived attorney-
client privilege or otherwise authorized Masto to send the March 30, 2010 letter to third
parties.
16. On April 2, 2010, Hafter spoke with David A. Clark, Esq. regarding allegations of
misconduct by Masto.
17. During that conversation, Hafter encouraged Defendant to take appropriate action as a
result of such allegations.
18. On April 7, 2010, at approximately 12:35 pm, Hafter, on campaign letterhead, issued a
press release entitled HAFTER RESPONDS TO ALLEGATIONS MASTO VIOLATES
ATTORNEY ETHICS RULES (the Press Release).
19. The Press Release stated:

LAS VEGAS, Nevada An exchange of l et t er s bet ween Gover nor J i m
Gi bbons and At t or ney Gener al Cat her i ne Mast o r egar di ng t he St at e s
par t i ci pat i on i n a l egal chal l enge t o Obamacar e has become publ i c.
The pr obl em, however , i s t hat t he Gover nor s of f i ce di d not
aut hor i ze t he r el ease of t he Mar ch 30, 2010 l et t er wr i t t en by Ms.
Mast o; r at her , Ms. Mast o t ook i t on her own accor d t o send a copy
of t he l et t er t o mul t i pl e medi a out l et s i n addi t i on t o Gover nor
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Gi bbons. Thi s has been conf i r med by t he Gover nor and hi s st af f
over t he past 24 hour s i n var i ous medi a out l et s.

As t he at t or ney t o t he St at e of Nevada, Ms. Mast o, however , i s
bound by t he Rul es of Pr of essi onal Conduct . Rul e 1. 6 pr event s t he
unaut hor i zed r el ease of at t or ney- cl i ent i nf or mat i on by an
at t or ney. Such r el ease of any at t or ney- cl i ent i nf or mat i on may
onl y be consent ed t o by t he cl i ent . The r el ease of t he Mar ch 30,
2010 l et t er may have been an unaut hor i zed r el ease of conf i dent i al
i nf or mat i on i n vi ol at i on of Rul e 1. 6.

Ms. Mast o, as t he St at e s head counsel must not onl y r epr esent
t he St at e of Nevada, but do so i n such a manner t hat compl i es wi t h
t he Rul es of Pr of essi onal Conduct , st at ed J acob Haf t er , Esq. ,
at t or ney and Republ i can candi dat e f or At t or ney Gener al .
Regar dl ess of whet her t hi s speci f i c i ssue has become a publ i c
i ssue, such publ i ci t y i s onl y aut hor i zed by t he Gover nor , Ms.
Mast o s cl i ent . An at t or ney may never r el ease any wor k pr oduct t o
t he pr ess unl ess t hat at t or ney has t he expr ess consent of her
cl i ent . Her bl at ant di sr egar d f or her pr of essi onal dut i es t o t he
St at e i s yet anot her exampl e of why she must be r epl aced i n
November , cont i nued Mr . Haf t er .

Mr . Haf t er , who al so si t s on t he Sout her n Nevada Di sci pl i nar y
Boar d f or t he St at e Bar , was made awar e of t hi s i ssue on Fr i day,
Apr i l 2, 2010. Pur suant t o Rul e 8. 3, wher e a l awyer who knows
t hat anot her l awyer has commi t t ed a vi ol at i on of t he Rul es of
Pr of essi onal Conduct has a dut y t o r epor t such mi sconduct , Mr .
Haf t er cal l ed t he Bar and conf i r med t hat a r epor t of Ms. Mast o s
vi ol at i on was made t o t he St at e Bar . The St at e Bar has a dut y t o
i nvest i gat e al l compl ai nt s made t o i t r egar di ng conduct of l awyer s
and t o t ake appr opr i at e act i on, st at ed Mr . Haf t er . I am
conf i dent i n t he pr of essi onal i sm of t he Bar , t hei r counsel and
t hei r abi l i t y t o i nvest i gat e t hi s mat t er and t ake appr opr i at e
act i on.
20. On April 7, 2010, at approximately 3:00 p.m., Hafter participated in a teleconference
hosted by the Nevada News Bureau regarding PPACC and Nevadas decision to join the
litigation against it.
21. In that teleconference, Hafter discussed the contents of the Press Release.
22. On April 8, 2010, Elizabeth Crum authored a newspaper article that included coverage
of the teleconference.
23. In her article, she stated in part:
Haf t er sai d he bel i eves t he At t or ney Gener al has been der el i ct i n
her dut i es and t hat her r ef usal t o cooper at e wi t h t he Execut i ve
Br anch has cr eat ed a l i abi l i t y t hat may be puni shabl e as a
mi sdemeanor under st at e l aw.
Haf t er al so sai d he t oday r ecei ved conf i r mat i on f r om a r el i abl e
sour ce i nsi de t he Nevada St at e Bar t hat a f or mal et hi cs compl ai nt
has been f i l ed agai nst t he At t or ney Gener al f or vi ol at i ons of
at t or ney- cl i ent pr i vi l ege when she di scl osed cer t ai n pi eces of
i nf or mat i on i n her publ i ci zed r esponse and expl anat i on l et t er s t o
Gover nor Gi bbons.
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24. On April 13, 2010, at around 10:30 am, Benjamin Spillman, a reporter for the Las
Vegas Review J ournal, called Mr. Hafter at his office.
25. During that call, Mr. Spillman informed Mr. Hafter that Phil Pattee, Esq., assistant bar
counsel for Defendant , stated that not only was Defendant not investigating Masto for the
allegations of misconduct, but that an investigation and a grievance file has been opened in
relation to Mr. Hafter himself.
26. Hafter immediately contacted Defendant and inquired as to the nature of the
investigation against him; however, Defendant refused to disclose any details to Hafter.
27. On April 13, 2010, David Clark, Esq., Deputy Bar Counsel, signed a letter to Mr.
Hafter informing him of Defendants concerns of professional misconduct which gave rise to
the opening of Grievance File No. N10-18-1227.
28. Hafter received the April 13, 2010 investigatory letter (the Letter) on April 14, 2010.
29. All of the concerns of professional misconduct detailed in the Letter stem from the
Press Release and Ms. Crums report of Hafters comments.
30. The Letter requested a response from Hafter within ten (10) days.
31. Hafter responded in writing on April 14, 2010.
32. The investigation and prosecution of Grievance File No. N10-18-1227 are proceeding
in accordance with Supreme Court Rule 105.
COUNT I 42 U.S.C. 1983
First and Fourteenth Amendment Violation
Official Capacity
33. Hafter realleges the aforementioned paragraphs as though fully set forth.
34. The foregoing facts establish a basis for an order from this Court enjoining Defendant
from continuing its investigation and prosecution of Grievance File No. N10-18-1227.
35. Defendant is a state actor, or acting under the color of state law, for purposes of 1983.
36. The acts of Defendant as described herein were purposeful and arise from official
policy or custom.
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37. The Fourteenth Amendment of the United States Constitution guarantees that no state
shall deprive any person of liberty without due process of law.
38. The First Amendment of the United States Constitution, applicable to the states under
the Fourteenth Amendment, guarantees the right of freedom of speech, especially political
speech -- a right which stand at the very apex of constitutional protection when exercised, as
here, in an effort to influence the conduct of government.
39. Defendant's conduct in opening Grievance File No. N10-18-1227 against Hafter and
threatening him with fines and other punishments, including potential sanctions related to his
license to practice law, represents is a policy and practice which, on its face and as applied to
Hafter
a. impermissibly infringes upon Hafters fundamental right to freedom of speech
guaranteed by the First and Fourteenth Amendments of the United States
Constitution; and
b. threatens Hafters protected property interest in his license to practice law in the
State of Nevada.
40. Defendants unlawful infringement of Hafters political speech also has the very real
potential to chill the very speech and robust political debate that the First Amendment of the
United States Constitution is designed to protect,
41. In violating Hafter's constitutional right to freedom of speech, Defendant has caused
and continues to cause damage to Hafter, who is now forced to defend against a frivolous
grievance and investigation.
42. The violation of Hafters constitutional rights may be redressed pursuant to 42 U.S.C.
1983.
DEMAND FOR RELIEF
WHEREFORE, Plaintiff, J ACOB HAFTER, ESQ., respectfully requests this Court to:
A. Assume jurisdiction of this matter.
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B. Declare that Defendant STATE BAR OF NEVADAS opening of Grievance File No.
N10-18-1227 as a result of the Press Release and Ms. Crums report of Hafters comments
violated Hafters clearly established First and Fourteenth Amendment rights.
C. Enjoin Defendant STATE BAR OF NEVADA from continuing to investigate and
prosecute Grievance File No. N10-18-1227.
D. Award Hafter his attorney fees and costs for bring this action pursuant to 42 U.S.C.
1988.
E. Enter all other relief that the Court deems just and proper.
Dated this 16
th
day of April, 2010.


By: _______________________________
J ACOB L. HAFTER, ESQ.



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