Opinion
Original action. Judgment of disbarment.
HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.
PER CURIAM.
INTRODUCTION
This case is before the court on the voluntary surrender of license filed by respondent, W. Craig Howell. The court accepts respondent's surrender of his license and enters an order of disbarment.
STATEMENT OF FACTS
Respondent was admitted to the practice of law in the State of Nebraska.
Respondent is currently under investigation by the office of the Counsel for Discipline of the Nebraska Supreme Court based on a grievance filed by respondent's former law partner. In the grievance, the former partner alleged that respondent mishandled the partnership's finances in a variety of ways, including mishandling funds held in the partnership's trust account. Respondent's former partner also alleged that respondent took steps to cover up any wrongdoing with respect to the alleged mishandling of the law partnership's trust account.
On June 25, 2010, the Counsel for Discipline filed with this court a motion to accept respondent's voluntary surrender. Attached to the motion is a notarized document signed by respondent surrendering his license to practice law in the State of Nebraska. Also attached to the motion is the grievance filed by respondent's former law partner. In respondent's document, respondent does not challenge or contest the truth of the allegations made against him. In addition to surrendering his license, respondent consents to the entry of an order of disbarment and waives his 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 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 his license to practice law and knowingly does not challenge or contest the truth of the allegations made against him. Further, respondent 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 knowingly does not challenge or contest the truth of the allegations against him that he mishandled funds held in his law firm's trust account and that he took steps to conceal his actions. The court accepts respondent's 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 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, 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 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 this court.
JUDGMENT OF DISBARMENT.