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State v. DaAvis

Nebraska Supreme Court


February 22, 2013

STATE OF NEBRASKA EX REL. C OUNSEL FOR D ISCIPLINE OF THE N EBRASKA S SUPREME C COURT, RELATOR,
v.
A DRIENNE S. D AVIS, RESPONDENT.

The opinion of the court was delivered by: p er c uriam.

___ N.W.2d ___

Original action. Judgment of disbarrment.

h eavicaN, c.J., W right, c oNNolly, s tephaN, m cc ormack, m iller-l ermaN, and c assel, JJ.

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 disbarrment.

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During the term of probation, respondent violated the terms of her probation, and on August 31, 2012, her reinstatement was revoked by the Nebraska Supreme Court and she was again suspended from the practice of law.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.

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 disbarrment and consented to the entry of an immediate order of disbarrment.

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 disbarrment.

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 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.

20130222

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