State of Nebraska ex rel. Counsel for Discipline of the Nebraska Supreme Court, relator.
David W. Tighe, respondent.
Disciplinary Proceedings. Violation of a
disciplinary rule concerning the practice of law is a ground
2. _ .
The basic issues in a disciplinary proceeding against a
lawyer are whether discipline should be imposed and, if so,
the type of discipline appropriate under the circumstances.
.To determine whether and to what extent discipline should be
imposed in a lawyer discipline proceeding, this court
considers the following factors: (1) the nature of the
offense, (2) the need for deterring others, (3) the
maintenance of the reputation of the bar as a whole, (4) the
protection of the public, (5) the attitude of the offender
generally, and (6) the offender's present or future
fitness to continue in the practice of law.
4. _ .
Cumulative acts of attorney misconduct are distinguishable
from isolated incidents, therefore justifying more serious
5. _ .
The propriety of a sanction must be considered with reference
to the sanctions imposed in prior similar cases.
L. Frobish, Assistant Counsel for Discipline, for relator.
Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy, Kelch,
and Funke, JJ.
Neb. 31] PER CURIAM
Counsel for Discipline of the Nebraska Supreme Court filed a
motion for reciprocal discipline and formal charges against
David W. Tighe, docketed as cases Nos. S-14-685 and S-16-130.
These cases were consolidated for purposes of briefing, oral
argument, and disposition.
is a member of the Nebraska State Bar Association and
practices law in Omaha, Nebraska. In 2014, Tighe was
suspended from practicing before the U.S. Bankruptcy Court
and the U.S. District Court for the District of Nebraska.
Following Tighe's failure to respond to an order to show
cause entered by this court, Tighe was temporarily suspended
from the practice of law in Nebraska. This case is docketed
at No. S-14-685.
addition, formal charges were filed in the case docketed at
No. S-16-130. Tighe filed an answer admitting the
allegations. We granted the Counsel for Discipline's
motion for judgment on the pleadings and ordered the parties
to brief the issue of the appropriate discipline to impose.
We also ordered consolidation of cases Nos. S-14-685 and
order that Tighe be indefinitely suspended from the practice
facts alleged in the formal charges are uncontested by Tighe.
Tighe was admitted to the practice of law in the State of
Nebraska on December 14, 2007. He is engaged in the private
practice of law in Omaha and is under the jurisdiction of the
Committee on Inquiry of the Second Judicial District. This
case is composed of two consolidated cases, Nos. S-14-685 and
S-16-130, initiated by the Counsel for Discipline against
Tighe. These cases were consolidated for purposes of
briefing, oral argument, and disposition.
Neb. 32] Count I
2013, Tighe represented Ellen Miller in the U.S. Bankruptcy
Court for the District of Nebraska. As a result of
Tighe's failure to file necessary documents, Miller's
bankruptcy case was closed without discharge, despite the
fact that Miller had fulfilled all of the terms of her
chapter 13 plan.
2014, Miller learned that she did not receive her discharge,
because creditors began contacting her again. Pursuant to her
own investigation, Miller learned that Tighe had not filed a
"Certification by Debtor in Support of
Discharge.'' On March 28, Miller filed a pro se
motion to reopen her bankruptcy case and included allegations
of Tighe's deficient representation. The U.S. Bankruptcy
Court judge granted Miller's motion and issued an order
to Tighe, directing him to respond to Miller's
allegations by May 11. After Tighe failed to respond to this
order, the bankruptcy court issued a show cause order. Tighe
was later suspended from practice before the U.S. Bankruptcy
the U.S. District Court for the District of Nebraska issued
an order to show cause as to why that court should not enter
a reciprocal order. On July 28, 2014, that court issued an
order suspending Tighe from practicing law before the U.S.
District Court until further order of the court, because
Tighe's response addressed neither the ...