State ex rel. Counsel for Discipline of the Nebraska Supreme Court v. Paul E. Galter

Summary

The Nebraska Supreme Court accepted Paul E. Galter’s voluntary surrender of his law license after he knowingly declined to contest allegations that he misappropriated approximately $37,000 from the Edwin Irvine Testamentary Trust. The court entered an immediate judgment of disbarment and ordered compliance with applicable disciplinary rules and payment of costs and expenses.

Holdings

1. A member may voluntarily surrender a Nebraska law license after a grievance, complaint, or formal charge has been filed, suggested, or indicated when the surrender states that the member knowingly admits or does not challenge the allegations and waives related proceedings. Galter's surrender satisfied those requirements.
2. The court accepted Galter's voluntary surrender and ordered him disbarred from the practice of law in Nebraska, effective immediately.
3. Galter was required to comply with Neb. Ct. R. § 3-316 and to pay costs and expenses under the cited statutes and disciplinary rules; failure to comply with the rule could subject him to contempt.

Questions Presented

1. Whether Galter satisfied the requirements of Neb. Ct. R. § 3-315 for voluntary surrender of his license.
2. Whether the Nebraska Supreme Court should accept the voluntary surrender and enter an immediate judgment of disbarment.
3. Whether Galter should be ordered to comply with the disciplinary rules and pay costs and expenses.

Disposition

other