State ex rel. Counsel for Dis. v. Bowers , 309 Neb. 423 ( 2021 )


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  • Nebraska Supreme Court Online Library
    www.nebraska.gov/apps-courts-epub/
    06/11/2021 08:10 AM CDT
    - 423 -
    Nebraska Supreme Court Advance Sheets
    309 Nebraska Reports
    STATE EX REL. COUNSEL FOR DIS. v. BOWERS
    Cite as 
    309 Neb. 423
    State of Nebraska ex rel. Counsel for Discipline
    of the Nebraska Supreme Court, relator,
    v. Steven R. Bowers, respondent.
    ___ N.W.2d ___
    Filed June 4, 2021.     No. S-21-079.
    Original action. Judgment of public reprimand.
    Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke,
    Papik, and Freudenberg, JJ.
    Per Curiam.
    INTRODUCTION
    This case is before the court on the conditional admission
    filed by Steven R. Bowers, the respondent, on April 15, 2021.
    The court accepts the respondent’s conditional admission and
    enters an order of public reprimand.
    FACTS
    The respondent was admitted to the practice of law in the
    State of Nebraska on March 5, 2008. At all times relevant to
    these proceedings, the respondent was engaged in the practice
    of law in Broken Bow, Nebraska. The respondent served as the
    county attorney of Custer County, Nebraska.
    On February 1, 2021, the Counsel for Discipline of the
    Nebraska Supreme Court, the relator, filed formal charges
    against the respondent. The formal charges consisted of two
    counts. Pursuant to Neb. Ct. R. § 3-302, the respondent is
    under the jurisdiction of the Committee on Inquiry of the Sixth
    Judicial District (Committee).
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    Nebraska Supreme Court Advance Sheets
    309 Nebraska Reports
    STATE EX REL. COUNSEL FOR DIS. v. BOWERS
    Cite as 
    309 Neb. 423
    The matters alleged in the formal charges were reviewed by
    the Committee pursuant to Neb. Ct. R. § 3-309(H) (rev. 2011).
    The Committee determined that there are reasonable grounds
    for discipline of the respondent and that the public interest
    would be served by the filing of formal charges.
    The formal charges generally allege violations stemming
    from the respondent’s prosecution of criminal defendants, who
    had extensive criminal records and faced felony charges. The
    respondent wanted the defendants “out of Custer County”
    so they would not engage in further illegal conduct. The
    respond­ent agreed that if the defendants would plead guilty
    or no contest to the pending charges, he would assist in get-
    ting their bonds reduced so the defendants could be released
    from jail before their sentencing. The respondent agreed that if
    the defendants left the State of Nebraska and failed to appear
    at their respective sentencing hearings and a bench warrant
    were issued, the respondent would direct the sheriff of Custer
    County not to seek to extradite the defendants. The respondent
    did not inform the court that he had agreed not to seek extradi-
    tion of the defendants if they agreed to plead guilty or no con-
    test to the pending charges. The defendants ultimately posted
    bail. One of the defendants fled the jurisdiction, and although
    he was later arrested in Douglas County, the respond­ent did not
    attempt to seek extradition and the defendant was released.
    The formal charges allege that by his actions, the respondent
    violated his oath of office as an attorney licensed to practice
    law in the State of Nebraska, as provided by 
    Neb. Rev. Stat. § 7-104
     (Reissue 2012), and violated Neb. Ct. R. of Prof.
    Cond. §§ 3-503.3(a)(1) and (b) (rev. 2016) (candor toward tri-
    bunal) and 3-508.4(c) and (d) (misconduct).
    On April 15, 2021, the respondent filed a conditional admis-
    sion pursuant to Neb. Ct. R. § 3-313(B) of the disciplinary
    rules, in which he conditionally admitted that he violated his
    oath of office as an attorney and §§ 3-503.3(a)(1) and (b) (can-
    dor toward tribunal) and 3-508.4(c) and (d) (misconduct) of
    the professional conduct rules. In the conditional admission,
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    Nebraska Supreme Court Advance Sheets
    309 Nebraska Reports
    STATE EX REL. COUNSEL FOR DIS. v. BOWERS
    Cite as 
    309 Neb. 423
    the respondent admits that his conduct violated the identified
    rules of professional conduct. The respondent knowingly does
    not challenge or contest the truth of the matters conditionally
    asserted and waived all proceedings against him in exchange
    for a public reprimand.
    The proposed conditional admission included a declaration
    by the Counsel for Discipline, stating that the respondent’s
    proposed discipline is appropriate under the facts of this case.
    ANALYSIS
    Section 3-313, which is a component of our rules governing
    procedures regarding attorney discipline, provides in perti-
    nent part:
    (B) At any time after the Clerk has entered a Formal
    Charge against a Respondent on the docket of the Court,
    the Respondent may file with the Clerk a conditional
    admission of the Formal Charge in exchange for a stated
    form of consent judgment of discipline as to all or part of
    the Formal Charge pending against him or her as deter-
    mined to be appropriate by the Counsel for Dis­cipline
    or any member appointed to prosecute on behalf of the
    Counsel for Discipline; such conditional admission is
    subject to approval by the Court. The conditional admis-
    sion shall include a written statement that the Respond­ent
    knowingly admits or knowingly does not challenge or
    contest the truth of the matter or matters conditionally
    admitted and waives all proceedings against him or her in
    connection therewith. If a tendered conditional admission
    is not finally approved as above provided, it may not be
    used as evidence against the Respondent in any way.
    Pursuant to § 3-313, and given the conditional admission, we
    find that the respondent knowingly does not challenge or con-
    test the matters conditionally admitted. We further determine
    that by his conduct, the respondent violated §§ 3-503.3(a)(1)
    and (b) (candor toward tribunal) and 3-508.4(c) and (d) (mis-
    conduct) of the professional conduct rules and his oath of
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    Nebraska Supreme Court Advance Sheets
    309 Nebraska Reports
    STATE EX REL. COUNSEL FOR DIS. v. BOWERS
    Cite as 
    309 Neb. 423
    office as an attorney licensed in the State of Nebraska. The
    respondent has waived all additional proceedings against him
    in connection herewith. Upon due consideration, the court
    approves the conditional admission and enters the orders as
    indicated below.
    CONCLUSION
    The respondent is publicly reprimanded. If the respondent
    applies to appear pro hac vice, he must disclose this disci-
    pline. The Respondent is directed to pay costs and expenses in
    accord­ance with Neb. Ct. R. §§ 3-310(P) (rev. 2019) 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 public reprimand.
    

Document Info

Docket Number: S-21-079

Citation Numbers: 309 Neb. 423

Filed Date: 6/4/2021

Precedential Status: Precedential

Modified Date: 6/11/2021