State ex rel. Counsel for Dis. v. Davis
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Nebraska Advance Sheets STATE EX REL. COUNSEL FOR DIS. v. DAVIS 241 Cite as 285 Neb. 241 waiting-time penalty, attorney fees, and interest pursuant to § 48-125. We therefore affirm the judgment of the compensation court. Affirmed. Miller-Lerman, J., participating on briefs. State Nebraska ex rel. Counsel for Discipline Nebraska Supreme Court, relator, v. A drienne S. Davis, respondent. of of the ___ N.W.2d ___ Filed February 22, 2013. No. S-07-640. Original action. Judgment of disbarment. Heavican, C.J., Wright, Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ. P er Curiam. INTRODUCTION This case is before the court on the voluntary surrender of license filed by respondent, Adrienne S. Davis, on January 8, 2013. The court accepts respondent s voluntary 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 August 9, 2001. On July 18, 2008, respondent was suspended from the practice of law. On December 16, 2009, respondent was reinstated to the active practice of law and placed on a 2-year probation. During the term of probation, respondent violated the terms of her probation, and on August 31, 2012, her reinstatement was revoked by the Nebraska Supreme Court and she was again suspended from the practice of law. On January 8, 2013, respondent filed a voluntary surrender in which she admitted that since the spring of 2012, she has engaged in behaviors that would violate the terms of her probation and the Nebraska Rules of Professional Conduct. Nebraska Advance Sheets 242 285 NEBRASKA REPORTS Respondent further stated that she is aware that the Counsel for Discipline of the Nebraska Supreme Court is currently investigating her conduct. Respondent further stated that she does not challenge or contest the truth of the allegations being made against her. She further stated that she freely, knowingly, and voluntarily waived her right to notice, appearance, or hearing prior to the entry of an order of disbarment and consented 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 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 admits that she does not contest the allegations being made against her. The court 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 Nebraska Advance Sheets STATE v. LANDERA 243 Cite as 285 Neb. 243 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 2012) 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. State of Nebraska, appellee, v. Angel R. Landera, appellant. ___ N.W.2d ___ Filed February 22, 2013. No. S-11-940. 1. Judgments: Appeal and Error. When issues on appeal present questions of law, an appellate court has an obligation to reach an independent conclusion irrespective of the decision of the court below. 2. Courts: Plea Bargains. In Nebraska, a court is never bound by the plea agreement made between a defendant and the government. 3. Plea Bargains. A party to a plea agreement should not be given the benefit of implied terms when the party failed to negotiate such terms. 4. Courts: Contracts. Courts are not to rewrite contracts to include what the parties did not. 5. Courts: Plea Bargains. Courts implementing plea agreements should enforce only those terms and conditions actually agreed upon by the parties. 6. Plea Bargains: Sentences. A sentencing recommendation need not be enthusiastic in order to fulfill a promise made in a plea agreement. Petition for further review from the Court of Appeals, Inbody, Chief Judge, and Moore and Pirtle, Judges, on appeal thereto from the District Court for Platte County, Robert R. Steinke, Judge. Judgment of Court of Appeals affirmed. Nathan J. Sohriakoff, Deputy Platte County Public Defender, for appellant. Jon Bruning, Attorney General, and Erin E. Tangeman for appellee.
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