State ex rel. Counsel for Discipline of the Nebraska Supreme Court v. James D. Hamilton

Summary

The Nebraska Supreme Court accepted James D. Hamilton’s voluntary surrender of his law license and entered a judgment of disbarment. The surrender followed allegations that Hamilton made false statements and fabricated correspondence and judicial decisions while representing a client; he did not contest the allegations and waived further proceedings.

Holdings

1. The court accepted Hamilton's voluntary surrender because he knowingly did not challenge or contest the allegations and waived all proceedings connected with them, as required by the disciplinary rule.
2. The court ordered Hamilton disbarred from the practice of law in Nebraska, effective immediately.
3. Hamilton was required to comply with Neb. Ct. R. § 3-316 and to pay costs and expenses as ordered under the cited statutes and disciplinary rules; failure to comply with the rule could subject him to contempt.

Questions Presented

1. Whether the court should accept Hamilton's voluntary surrender of his license under Neb. Ct. R. § 3-315.
2. Whether Hamilton should be disbarred upon his voluntary surrender and consent to disbarment.
3. What costs, expenses, and post-disbarment compliance obligations should be imposed.

Disposition

other