Summary
The Nebraska Supreme Court considered a motion for reciprocal discipline after the District of Columbia Court of Appeals disbarred Reginald J. Rogers for intentionally and criminally misappropriating more than $260,000 from a client. The court granted the motion and disbarred Rogers from practicing law in Nebraska, effective immediately, while also ordering compliance with applicable discipline rules and payment of costs.
Topics
Practice areas
Questions Presented
- Whether the District of Columbia Court of Appeals' determination of attorney misconduct established misconduct for purposes of reciprocal discipline in Nebraska.
- What discipline should be imposed on Rogers in Nebraska based on the foreign disbarment and the circumstances of the misconduct.
Holdings
- A judicial determination of attorney misconduct in another jurisdiction is generally conclusive proof of guilt and is not subject to relitigation in a reciprocal discipline proceeding; therefore, misconduct occurred and discipline was appropriate.
- Rogers should be disbarred from the practice of law in Nebraska effective immediately.
Key quotations
“In a reciprocal discipline proceeding, “a judicial determination of attorney misconduct in one jurisdiction is generally conclusive proof of guilt and is not subject to relitigation in the second jurisdiction.”” (451)
“Respondent shall forthwith comply with Neb. Ct. R. of Discipline 16 (rev. 2004), and upon failure to do so, he shall be subject to punishment for contempt of this court.” (452)
Factual background
Reginald J. Rogers was admitted to practice law in Nebraska in 1984. The District of Columbia Court of Appeals disbarred him after finding that he intentionally, dishonestly, and criminally misappropriated more than $260,000 from a client after the client's husband died. Rogers did not respond to the Nebraska Supreme Court's show cause order concerning reciprocal discipline.
Procedural history
Rogers, a Nebraska-admitted attorney, was disbarred by the District of Columbia Court of Appeals for intentionally and criminally misappropriating more than $260,000 from a client. The Counsel for Discipline then filed a motion for reciprocal discipline in Nebraska. After issuing a show cause order and receiving no response from Rogers, the Nebraska Supreme Court granted the motion and imposed disbarment effective immediately.