State ex rel. Counsel for Dis. v. Feller , 299 Neb. 461 ( 2018 )


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    05/11/2018 09:10 AM CDT
    - 461 -
    Nebraska Supreme Court A dvance Sheets
    299 Nebraska R eports
    STATE EX REL. COUNSEL FOR DIS. v. FELLER
    Cite as 
    299 Neb. 461
    State     of   Nebraska ex rel. Counsel for Discipline
    of the    Nebraska Supreme Court, relator,
    v. John D. Feller, respondent.
    ___ N.W.2d ___
    Filed March 23, 2018.    No. S-17-1291.
    Original action. Judgment of disbarment.
    Heavican,               C.J.,   Miller-Lerman,          Cassel,    Stacy,   and
    Funke, JJ.
    Per Curiam.
    INTRODUCTION
    This case is before the court on the voluntary surrender of
    license filed by respondent, John D. Feller, on December 11,
    2017. The court accepts respondent’s voluntary surrender of
    his license and enters a judgment of disbarment.
    STATEMENT OF FACTS
    Respondent was admitted to the practice of law in the
    State of Nebraska on July 2, 1976. On December 11, 2017,
    respondent filed a voluntary surrender of license to practice
    law, in which he stated that, on August 22, 2017, a griev-
    ance was filed against him with the Counsel for Discipline
    alleging that he misappropriated client funds. Respondent
    stated that he knowingly chooses not to contest the truth of
    the allegations made against him in the grievance letter. He
    also stated that he freely and voluntarily waives his right to
    notice, appearance, or hearing prior to the entry of an order of
    - 462 -
    Nebraska Supreme Court A dvance Sheets
    299 Nebraska R eports
    STATE EX REL. COUNSEL FOR DIS. v. FELLER
    Cite as 
    299 Neb. 461
    disbarment, and consents to the entry of an immediate order
    of disbarment.
    ANALYSIS
    Neb. Ct. R. § 3-315 of the disciplinary rules provides in
    pertinent part:
    (A) Once a Grievance, a Complaint, or a Formal
    Charge has been filed, suggested, or indicated against a
    member, the member may voluntarily surrender his or
    her license.
    (1) The voluntary surrender of license shall state in
    writing that the member knowingly admits or knowingly
    does not challenge or contest the truth of the suggested
    or indicated Grievance, Complaint, or Formal Charge
    and waives all proceedings against him or her in connec-
    tion therewith.
    Pursuant to § 3-315 of the disciplinary rules, we find that
    respondent has voluntarily surrendered his license to practice
    law and knowingly does not challenge or contest the truth of
    the suggested allegations made against him. Further, respond­
    ent has waived all proceedings against him in connection
    therewith. We further find that respondent has consented to the
    entry of an order of disbarment.
    CONCLUSION
    Upon due consideration of the court file in this matter, the
    court finds that respondent has stated that he freely, know-
    ingly, and voluntarily admits that he does not contest the alle-
    gations being made against him. The court accepts respond­
    ent’s voluntary surrender of his license to practice law, finds
    that respondent should be disbarred, and hereby orders him
    disbarred from the practice of law in the State of Nebraska,
    effective immediately. Respondent shall forthwith comply with
    all terms of Neb. Ct. R. § 3-316 (rev. 2014) of the disciplinary
    rules, and upon failure to do so, he shall be subject to punish-
    ment for contempt of this court. Accordingly, respondent is
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    Nebraska Supreme Court A dvance Sheets
    299 Nebraska R eports
    STATE EX REL. COUNSEL FOR DIS. v. FELLER
    Cite as 
    299 Neb. 461
    directed to pay costs and expenses in accordance with Neb.
    Rev. Stat. §§ 7-114 and 7-115 (Reissue 2012) and Neb. Ct.
    R. §§ 3-310(P) (rev. 2014) and 3-323 of the disciplinary rules
    within 60 days after an order imposing costs and expenses, if
    any, is entered by the court.
    Judgment of disbarment.
    Wright, J., not participating.
    

Document Info

Docket Number: S-17-1291

Citation Numbers: 299 Neb. 461

Filed Date: 3/23/2018

Precedential Status: Precedential

Modified Date: 5/11/2018