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State ex rel. Counsel for Discipline of Neb. Supreme Court v. Mingus

Supreme Court of Nebraska

January 16, 2015

STATE OF NEBRASKA EX REL. COUNSEL FOR DISCIPLINE OF THE NEBRASKA SUPREME COURT, RELATOR,
v.
DANIEL O. MINGUS, RESPONDENT

JUDGMENT OF DISBARMENT.

HEAVICAN, C.J., WRIGHT, CONNNNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, AND CASSEL, JJ.

OPINION

Original action.

Per Curiam.

INTRODUCTION

This case is before the court on the voluntary surrender of license filed bye Daniel O. Mingus, respondent, on October 31, 2014. The court accepts respondent's voluntary 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 on April 23, 1987. Formal charges were filed against respondent on November 8, 2012. On December 12, respondent was placed on disability inactive status pursuant to Neb. Ct. R. § 3-311, and consequently, the pending disciplinary proceeding was held in abeyance. On December 14, a trustee was appointed pursuant to Neb. Ct. R. § 3-328.

On October 31, 2014, respondent filed a voluntary surrender of his license, in which he stated that he does not challenge or contest the truth of the allegations being made against him. He further stated that he freely, knowingly, and voluntarily waived his 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 [289 Neb. 863] 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 ยง 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 ...


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