State ex rel. Counsel for Dis. v. Ferguson
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Nebraska Advance Sheets
340
281 nebraska reports
admission of respondent, the recommendation of the Counsel
for Discipline, and our independent review of the record, we
find by clear and convincing evidence that respondent has
violated the Nebraska Rules of Professional Conduct that are
comparable to the rules respondent violated in Iowa and that
respondent should be and hereby is suspended from the practice of law in Nebraska for 60 days applied retroactively to
February 18, 2011, the date of discipline in Iowa. Respondent
shall comply with Neb. Ct. R. § 3‑316 of the disciplinary rules,
and upon failure to do so, he shall be subject to punishment
for contempt of this court. Respondent shall be eligible to be
reinstated to the practice of law in the State of Nebraska on the
day after the 60‑day suspension period expires, provided that
respondent has paid all costs and expenses in accordance with
Neb. Rev. Stat. §§ 7‑114 and 7‑115 (Reissue 2007) and Neb.
Ct. R. §§ 3‑310(P) and 3‑323(B) of the disciplinary rules within
60 days after an order imposing costs and expenses, if any, is
entered by the court. In order to effectuate reinstatement, relator and respondent are ordered to submit a proposed order of
reinstatement, signed by both parties, stating that respondent
has complied with § 3‑316 of the disciplinary rules and paid all
costs and expenses, and that the parties are in agreement that
reinstatement is therefore warranted.
Judgment of suspension.
Wright, J., not participating.
State
Nebraska ex rel. Counsel for Discipline
Nebraska Supreme Court, relator, v.
Barbara A. Ferguson, respondent.
of
of the
___ N.W.2d ___
Filed April 8, 2011.
No. S-11-227.
Original action. Judgment of disbarment.
Heavican, C.J., Connolly, Gerrard, Stephan, McCormack,
and Miller‑Lerman, JJ.
Nebraska Advance Sheets
state ex rel. counsel for dis. v. ferguson
Cite as 281 Neb. 340
341
P er Curiam.
INTRODUCTION
This case is before the court on the voluntary surrender of
license filed by respondent, Barbara A. Ferguson, on March 18,
2011. The court accepts respondent’s surrender of her license
and enters an order of disbarment.
STATEMENT OF FACTS
Respondent was admitted to the practice of law in the State
of Nebraska on September 24, 1996. On October 6, 2010,
the Counsel for Discipline of the Nebraska Supreme Court
received a grievance from the individual who replaced respond
ent as a guardian and conservator in a matter pending in the
county court for Sarpy County. The grievance alleged that
while respondent was serving as guardian and conservator in
the same matter, she had misappropriated funds of her ward. At
the time respondent filed her voluntary surrender on March 18,
2011, the Counsel for Discipline was investigating respondent
for possible misuse of funds that were held in her client trust
account. Respondent has entered into a court‑approved settlement agreement with the successor guardian and conservator,
agreeing to repay the funds, and respondent has already repaid
a substantial portion of the funds.
On March 18, 2011, the Counsel for Discipline filed with
this court a motion to accept respondent’s voluntary surrender.
Submitted simultaneously with the motion to accept respond
ent’s voluntary surrender is a document signed by respond
ent surrendering her license to practice law in the State of
Nebraska. In addition to surrendering her license, respondent
does not challenge or contest the truth of the allegations made
against her, consents to the entry of an order of disbarment,
and waives her right to notice, appearance, and hearing prior to
the entry of the 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
Nebraska Advance Sheets
342
281 nebraska reports
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 connection therewith.
Pursuant to § 3‑315 of the disciplinary rules, we find that
respondent has voluntarily surrendered her license to practice
law and knowingly does not challenge or contest the truth
of the allegations made against her. Further, respondent has
waived all proceedings against her 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 she freely, knowingly, and voluntarily does not contest the allegations that she
misappropriated her ward’s funds and misused funds held in
her client trust account. The court grants the relator’s motion
to accept respondent’s voluntary surrender, accepts respond
ent’s voluntary surrender of her license to practice law, finds
that respondent should be disbarred, and hereby orders her
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 of the disciplinary rules,
and upon failure to do so, she 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 2007) and Neb. Ct. R.
§§ 3‑310(P) 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.
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