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

Supreme Court of Nebraska

March 28, 2014

STATE OF NEBRASKA EX REL. COUNSEL FOR DISCIPLINE OF THE NEBRASKA SUPREME COURT, RELATOR,
v.
JOHN A. SELLERS, RESPONDENT

Original actions.

Kent L. Frobish, Assistant Counsel for Discipline, for relator.

No appearance for respondent.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, and CASSEL, JJ.

OPINION

Page 310

Per Curiam.

INTRODUCTION

These cases are before the court on the voluntary surrenders of license filed by John A. Sellers, respondent, in cases Nos. S-13-060 and S-13-497, which we consolidate for purposes of opinion and disposition. On January 21, 2014, respondent filed a voluntary surrender in case No. S-13-060 and on February 10, respondent filed a voluntary surrender in case No. S-13-497. In case No. S-13-060, an application for temporary suspension containing one count was filed against respondent, and on March 27, 2013, respondent was temporarily suspended by order of this court. In case No. S-13-497, formal charges containing four counts were filed against respondent, with the first count containing the same allegations as those set forth in the application for temporary suspension filed in case No. S-13-060. We accept both of respondent's voluntary surrenders of his license and enter an order of disbarment.

STATEMENT OF FACTS

Respondent was admitted to the practice of law in the State of Nebraska on September 19, 2000. On January 23, 2013, the Committee on Inquiry of the Fifth Disciplinary District filed an application for temporary suspension against respondent [287 Neb. 777] in case No. S-13-060. The application for temporary suspension contained one count, generally alleging neglect, failure to communicate, and misappropriation of funds. On January 31, we ordered respondent to show cause why he should not be temporarily suspended. Respondent did not file a response to the show cause order. Respondent was temporarily suspended by this court on March 27.

After respondent was temporarily suspended, the Counsel for Discipline of the Nebraska Supreme Court, relator, filed formal charges containing four counts against respondent on June 7, 2013, in case No. S-13-497. Count I of the formal charges contained the same allegations as alleged in the application for temporary suspension filed in case No. S-13-060. Counts II, III, and IV of the formal charges in case No. S-13-497 generally alleged that respondent neglected clients'

Page 311

cases, failed to communicate with clients, and misappropriated client funds. Respondent did not respond to the formal charges.

On January 21, 2014, respondent filed a voluntary surrender of his license in case No. S-13-060. In the January 21 voluntary surrender, respondent stated that he knowingly does not challenge or contest the truth of the allegations set forth in the application for temporary suspension. Respondent further stated that he freely and voluntarily waived his right to notice, appearance, or ...


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