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

Supreme Court of Nebraska

February 2, 2018

State of Nebraska ex rel. Counsel for Discipline of the Nebraska Supreme Court, relator.
v.
Jeremy C. Jorgenson, respondent.

         1. Disciplinary Proceedings. Violation of a disciplinary rule concerning the practice of law is a ground for discipline.

         2. ___ . The basic issues in a disciplinary proceeding against an attorney are whether discipline should be imposed and, if so, the appropriate discipline under the circumstances.

         3. ___ . With respect to the imposition of attorney discipline, each attorney discipline case must be evaluated in light of its particular facts and circumstances.

         4. ___ . For purposes of determining the proper discipline of an attorney, the Nebraska Supreme Court considers the attorney's actions both underlying the events of the case and throughout the proceeding, as well as any aggravating or mitigating factors.

         5. ___. The propriety of a sanction must be considered with reference to the sanctions imposed in prior similar cases.

         6. ___ . To determine whether and to what extent discipline should be imposed in an attorney discipline proceeding, the Nebraska Supreme 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 respondent generally, and (6) the respondent's present or future fitness to continue in the practice of law.

         7. Judgments: Records: Judicial Notice. A court has the right to examine its own records and take judicial notice of its own proceedings and judgments in a former action.

         8. Disciplinary Proceedings. Cumulative acts of attorney misconduct are distinguishable from isolated incidents, therefore justifying more serious sanctions.

          [298 Neb. 856] 9. ___ . An attorney's cooperation with the discipline process is fundamental to the credibility of attorney disciplinary proceedings.

         Original action. Judgment of suspension.

          Julie L. Agena, Assistant Counsel for Discipline, for relator.

          No appearance for respondent.

          Heavican, C.J., Miller-Lerman, Cassel, Stacy, Kelch, and Funke, JJ.

          PER CURIAM.

         INTRODUCTION

         On May 11, 2017, formal charges containing two counts were filed by the office of the Counsel for Discipline of the Nebraska Supreme Court, relator, against Jeremy C. Jorgenson, respondent. Jorgenson filed no answer to the formal charges. We granted the Counsel for Discipline's motion for judgment on the pleadings under Neb. Ct. R. § 3-310(1) (rev. 2014), limited to the facts set forth in the formal charges, and ordered the parties to brief the issue of the appropriate discipline to impose. In its brief, relator suggested the discipline of suspension. Jorgenson did not file a brief. We now order that Jorgenson be indefinitely suspended from the practice of law in the State of Nebraska, with a minimum suspension of 2 years, effective immediately.

         STATEMENT OF FACTS

         Jorgenson was admitted to the practice of law in the State of Nebraska on April 15, 2008. At all relevant times, he was engaged in private practice in Omaha, Nebraska.

         The formal charges filed by relator consist of two counts and allege that Jorgenson (1) failed to provide competent and diligent representation to his client when he failed to appear at oral arguments on the client's appeal, (2) knowingly disobeyed his obligation to the court by failing to appear at oral arguments, (3) failed to adequately supervise support staff, and (4) failed to timely respond to a demand for information [298 Neb. 857] from the ...


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