State ex rel. Counsel for Dis. v. Hoch , 297 Neb. 500 ( 2017 )


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  • Nebraska Supreme Court Online Library
    www.nebraska.gov/apps-courts-epub/
    10/13/2017 12:11 AM CDT
    - 500 -
    Nebraska Supreme Court A dvance Sheets
    297 Nebraska R eports
    STATE EX REL. COUNSEL FOR DIS. v. HOCH
    Cite as 
    297 Neb. 500
    State     of   Nebraska ex rel. Counsel for Discipline
    of the      Nebraska Supreme Court, relator,
    v. R ichard H. Hoch, respondent.
    ___ N.W.2d ___
    Filed August 11, 2017.   No. S-17-588.
    Original action. Judgment of disbarment.
    Heavican, C.J., Wright, Miller-Lerman, Cassel, and
    Stacy, JJ.
    Per Curiam.
    INTRODUCTION
    This case is before the court on the voluntary surrender of
    license filed by respondent, Richard H. Hoch, on June 5, 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, 1964. On March 3, 2016, respondent
    filed a voluntary surrender of license to practice law, in which
    he stated that on August 13, 2016, he received notice from the
    Counsel for Discipline of an overdraft on his trust account.
    He admits that he misapplied client funds being held in his
    trust account and used them to cover office expenses, in vio-
    lation of Neb. Ct. R. of Prof. Cond. § 3-501.15. Respondent
    stated that he freely, knowingly, and voluntarily chooses
    not to contest the truth of the suggested allegations made
    - 501 -
    Nebraska Supreme Court A dvance Sheets
    297 Nebraska R eports
    STATE EX REL. COUNSEL FOR DIS. v. HOCH
    Cite as 
    297 Neb. 500
    against him. He also stated that he freely, knowingly, and vol-
    untarily surrenders his privilege to practice law in the State of
    Nebraska; waives his right to notice, appearance, or hearing
    prior to the entry of an order of 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 sug-
    gested allegations being made against him. The court accepts
    respond­ent’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
    - 502 -
    Nebraska Supreme Court A dvance Sheets
    297 Nebraska R eports
    STATE EX REL. COUNSEL FOR DIS. v. HOCH
    Cite as 
    297 Neb. 500
    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 punishment for contempt of this court. Accordingly,
    respondent is 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 disci-
    plinary rules within 60 days after an order imposing costs and
    expenses, if any, is entered by the court.
    Judgment of disbarment.
    K elch and Funke, JJ., not participating.
    

Document Info

Docket Number: S-17-588

Citation Numbers: 297 Neb. 500

Filed Date: 8/11/2017

Precedential Status: Precedential

Modified Date: 10/13/2017