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State ex rel. Counsel for Discipline of Nebraska Supreme Court v. Kruger

Supreme Court of Nebraska

November 1, 2013

State of Nebraska ex rel. Counsel for Discipline of the Nebraska Supreme Court, relator,
v.
Eric W. Kruger, respondent.

Page 263

Original action. Judgment of public reprimand.

Heavican, C.J., Wright, Connolly, Stephan, McCormack, Miller-Lerman, and C assel,JJ.

PER CURIAM.

INTRODUCTION

Respondent, Eric W. Kruger, was admitted to the practice of law in the State of Nebraska on September 12, 1977. At all relevant times, he was engaged in the private practice of law in Omaha, Nebraska. On February 11, 2013, the Counsel for Discipline of the Nebraska Supreme Court filed formal charges consisting of one count against respondent. In the one count, it was alleged that by his conduct, respondent had violated his oath of office as an attorney, Neb.Rev.Stat. § 7-104 (Reissue 2012), and Neb. Ct. R. of Prof. Cond. §§ 3-504.1(a) (truthfulness in statements to others) and 3-508.4(a), (c), and (d) (misconduct).

On May 3, 2013, respondent filed his answer admitting to the formal charges. On May 23, a referee was appointed to recommend discipline, and on September 4, the referee's report was filed which recommended a public reprimand and supervised probation for a period of 18 months. On September 13, respondent filed exceptions to the referee's report.

On September 23, 2013, respondent filed a conditional admission pursuant to Neb. Ct. R. § 3-313 of the disciplinary rules, in which he knowingly chose not to challenge or contest the truth of the matters set forth in the formal charges and waived all proceedings against him in connection therewith in exchange for a judgment of public reprimand and no supervised probation.

The proposed conditional admission included a declaration by the Counsel for Discipline, stating that respondent's request [286 Neb. 776] for public reprimand is appropriate. The Counsel for Discipline agreed with respondent that " a term of probation is unnecessary in this case."

Upon due consideration, we approve the conditional admission and order that respondent be publicly reprimanded.

FACTS

The formal charges generally allege that respondent knowingly made false statements during a settlement negotiation. The underlying facts of this case can be found at Smalley v. Nebraska Dept. of Health & Human Servs., 283 Neb. 544, 811 N.W.2d 246 (2012), cert. denied.

Page 264

__ U.S. __, 133 S.Ct. 1631, 185 L.Ed.2d 616 (2013).

The formal charges state that on December 20, 2007, Edward M. Smalley was injured when he was struck by a vehicle owned by Mark Morehead Construction, Inc. (Morehead), and driven by Jerome Speck. On behalf of Smalley, ...


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