(a) Required Conduct.
An attorney who is admitted to practice in this court must comply with the
Nebraska Rules of Professional Conduct, which are adopted as the rules of
this court, and the local rules of this district, including the court's local rules
that address attorney conduct and discipline. An attorney commits
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misconduct by failing to comply with the Nebraska Rules of Professional
Conduct.
(b) Available Discipline.
The court may discipline any attorney who is admitted to practice before the
court or is admitted for a particular proceeding. Such discipline may include,
but is not limited to, disbarment, suspension, public reprimand, private
admonition, or sanctions. This rule does not limit the court's inherent,
statutory, or other authority to control its proceedings, including through civil
or criminal contempt proceedings.
(c) Reciprocal Discipline.
(1) Duty to Report.
An attorney admitted to practice in this court must promptly report
the following in writing to the clerk: disbarment, suspension, public
reprimand, or other public discipline imposed by any other court or
jurisdiction. The attorney's report must include a copy of the
judgment or order imposing the discipline.
(2) Discipline.
(A) An attorney admitted to practice in this court is subject to
discipline if the attorney is publicly disciplined by any other
court.
(B) An attorney who is publicly disciplined by any other court must
be given written notice by the chief judge, or by a district judge
designated by the chief judge, that the court intends to impose
the same discipline as the other court. The notice must identify
the ground for imposing reciprocal discipline and provide the
attorney an opportunity to show cause, within the time
prescribed by the notice, why the attorney should not be
disciplined.
(C) A final adjudication in another court that the attorney has been
found guilty of misconduct leading to discipline shall establish
conclusively the conduct for the purposes of proceeding in this
court. The chief judge, or a district judge designated by the
chief judge, imposes the same discipline as that imposed by
the other court unless the attorney carries the burden of
showing that such prior action lacked due process.
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(d) Conviction of a Crime.
(1) Duty to Report.
An attorney admitted to practice in this court must promptly report
the following in writing to the clerk: any conviction of committing,
attempting to commit, conspiring to commit, or aiding another to
commit:
(A) Any crime punishable by incarceration for more than one year;
or
(B) Any crime that includes as a necessary element false
swearing, misrepresentation, fraud, willful failure to file
income tax returns, deceit, bribery, extortion,
misappropriation, or theft.
(2) Discipline.
(A) Unless the court orders otherwise, an attorney admitted to this
court who is convicted of a crime set forth in NEGenR
1.8(d)(1) must immediately cease practicing before this court
pending further action by the court. This must occur
regardless of whether the conviction resulted from a plea of
guilty or nolo contendere or from a verdict after trial or
otherwise, and regardless of the pendency of any appeal, and
regardless of whether the charge resulted in a suspended
imposition of sentence.
(B) An attorney who is convicted of a crime set forth in NEGenR
1.8(d)(1) must be given written notice by order of the chief
judge, or by a district judge designated by the chief judge, that:
(i) the attorney is suspended from practicing in this court
pending final disposition of a disciplinary proceeding;
and
(ii) the attorney must explain why he or she should not be
disbarred.
(C) An attorney who fails to respond to the order within the time
prescribed will be disbarred. Otherwise, the chief judge, or a
district judge designated by the chief judge, may take any
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appropriate disciplinary action, including disbarment, against
the attorney.
(D) A judgment of conviction of an attorney for any crime set forth
in NEGenR 1.8(d)(1) shall establish conclusively the
commission of that crime for the purposes of proceeding in
this court.
(e) Misconduct in a Case Before This Court.
(1) Initiation of Grievance.
Grievances alleging an attorney has violated the Nebraska Rules of
Professional Conduct in a case before this court may be filed directly
with the Nebraska Supreme Court Counsel for Discipline or with the
chief judge of this court.
(A) Nebraska Supreme Court Counsel for Discipline.
To file a grievance with the Nebraska Supreme Court Counsel
for Discipline, complainants should follow the procedures set
forth by the Nebraska Supreme Court for investigation and
prosecution of violations of the Nebraska Rules of
Professional Conduct.
(B) Chief Judge.
Complainants may file a written grievance with the chief judge
by following the procedures set forth on the court's website.
The chief judge will review the grievance and determine
whether the grievance should be dismissed, pursued further,
or referred to the Nebraska Supreme Court Counsel for
Discipline.
If the chief judge determines that the grievance should be
retained by the court for investigation and prosecution, he or
she may self-assign the matter or refer it to another judge.
However, if the chief judge initiates the grievance, he or she
must refer the matter to another judge. A judge who presents
a written grievance may not be assigned to preside over the
disciplinary proceeding.
(2) Procedures for Matters Retained by the Court for Investigation
and Prosecution.
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(A) Appointment of Investigatory Counsel.
The chief judge or assigned judge may appoint investigatory
counsel to investigate and advise the judge as to whether
disciplinary proceedings should be initiated. Investigatory
counsel, if assigned, must provide the judge with a written
report containing a recommendation as to whether the judge
should initiate disciplinary proceedings.
(B) Notice and Hearing.
(i) If, after reviewing the record, the assigned judge
determines that the matter should not be pursued, he
or she will inform the chief judge.
(ii) If the assigned judge concludes that a disciplinary
proceeding should be conducted, he or she will issue
an order to show cause to the attorney explaining the
alleged misconduct and inviting the attorney to show
cause why he or she should not be disciplined. The
notice shall be sufficiently clear and specific to inform
the attorney of the alleged misconduct.
(iii) The attorney will be afforded at least 30 days to present
any objections and show cause why discipline should
not be imposed.
(iv) The attorney may request a hearing and choose to be
represented by counsel at his or her own expense.
(v) During the hearing, if one is requested, or in the
attorney's response to the order to show cause, the
attorney may submit any evidence or statements to
rebut the grievance.
(vi) If a hearing is requested, the judge may appoint
disciplinary counsel to prosecute the matter. An
attorney who served as investigatory counsel may
serve as disciplinary counsel. Disciplinary counsel may
introduce evidence, call witnesses, and cross-examine
any witness called by the respondent-attorney.
Likewise, the respondent-attorney may testify,
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introduce evidence, call witnesses, and cross-examine
any witness called by disciplinary counsel.
(vii) The court may impose discipline only after the
respondent-attorney is afforded the opportunity to
present evidence and argument in rebuttal and/or
mitigation.
(viii) If the attorney fails to file a timely response to the order
to show cause, the assigned judge will review the
record and determine whether the imposition of
discipline is warranted.
(C) Confidentiality.
During the pendency of the disciplinary proceedings, the
allegations and other records of the proceeding will remain
confidential and will not be made a part of the public record.
(D) Recommendation to Chief Judge.
Within a reasonable time after the hearing, if one has been
requested, or after receiving the attorney's response to the
order to show cause, the assigned judge shall make findings
of fact and conclusions of law and recommend the disciplinary
action, if any, to be taken. The assigned judge will transmit his
or her findings of fact and conclusions of law,
recommendation, and the record to the chief judge.
(E) Imposition of Discipline.
The chief judge will review the documents transmitted by the
assigned judge and determine whether discipline should be
imposed and if so, the appropriate discipline. If the chief judge
initiated the grievance, then the matter shall be referred to
another judge for review and a determination. The appropriate
disciplinary sanction to be imposed is within the court's
discretion. However, in determining the proper disciplinary
sanction, the court may refer to the American Bar Association
Standards for Imposing Lawyer Sanctions or seek guidance
from the Nebraska Supreme Court Counsel for Discipline.
(f) Temporary Suspension.
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The chief judge or his or her designee may temporarily suspend or restrict
an attorney's right to practice pending a final determination of a disciplinary
proceeding if evidence establishes probable cause to believe the attorney
has committed misconduct and evidence establishes the attorney poses a
threat of serious harm to the public, to any person, or to the administration
of justice.
(g) Reinstatement.
(1) Court Order Required.
An attorney who has been suspended or disbarred from practice
before this court may not resume practice before the court until
reinstated by order of the court.
(2) Time of Application.
(A) An attorney who has been suspended from practice before
this court may apply for reinstatement but not before the end
of his or her term of suspension.
(B) An attorney who has been disbarred may apply for
reinstatement but not before five years from the effective date
of the disbarment.
(C) An attorney who has been suspended or disbarred from
practice pursuant to the provisions of 1.8(c) (Reciprocal
Discipline) may apply for reinstatement based upon a change
of the attorney's status in the jurisdiction whose imposition of
discipline was the basis for the imposition of reciprocal
discipline by the court.
(3) Petition for Reinstatement.
(A) Petitions for reinstatement must be filed with the clerk in paper
format. The petition must include a copy of this court's prior
order of suspension or disbarment, a copy of an order of
reinstatement from another jurisdiction (if applicable), and a
concise statement of facts claimed to justify reinstatement.
Petitioners for reinstatement after disbarment must also apply
for admission to practice in this court and pay the prescribed
fee.
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(B) The petitioner has the burden of demonstrating that he or she
is qualified and able to practice law before the court and that
the circumstances that led to the suspension or disbarment
have changed.
(C) The chief judge will consider the petition for reinstatement or
refer it to another judge designated by the chief judge. After
consideration, the court will enter an appropriate order.
(h) Fees and Costs.
(1) Disciplinary Proceedings.
The court may assess fees and costs against an attorney if the court
finds that the attorney committed misconduct.
(2) Reinstatement Proceedings.
The court may assess fees and costs against an attorney petitioning
for reinstatement, whether the petition is granted or denied.
(i) Duties of Clerk.
(1) Service.
The clerk will serve documents issued by the court under this rule by
first class mail to the respondent or respondent's attorney.
(2) Disciplinary Orders and Notices.
(A) Any order of discipline, except for non-public forms of
discipline, will be published by the clerk to the court's external
website at the following web address:
https://www.ned.uscourts.gov/attorney/attorney-discipline.
The clerk will maintain all other records as sealed records.
(B) The court will provide copies of all public orders imposing
discipline to the Clerk of the United States Bankruptcy Court
for the District of Nebraska, the Clerk of the United States
Court of Appeals for the Eighth Circuit, the Nebraska State
Bar Association, and the American Bar Association National
Lawyer Regulatory Data Bank.
