State of Nebraska ex rel. Counsel for Discipline of the Nebraska Supreme Court v. Elaine A. Waggoner

Summary

The Nebraska Supreme Court approved Elaine A. Waggoner's conditional admission to attorney-discipline charges involving neglect of legal matters, failure to deposit client funds in a trust account, and related violations of professional conduct rules. The court imposed a public reprimand, 18 months of probation with monitoring, and costs.

Holdings

1. The court approved the conditional admission because the respondent knowingly admitted the essential relevant facts and violations and waived all proceedings connected with the formal charges, as permitted by Nebraska Court Rule of Discipline 13.
2. By clear and convincing evidence, Waggoner violated DR 1-102(A)(1), DR 6-101(A)(3), and DR 9-102(A)(2), as well as her oath of office as an attorney.
3. The appropriate sanction was a formal public reprimand and 18 months of probation with monitoring, with costs and expenses taxed to the respondent.

Questions Presented

1. Whether the court should approve the respondent's conditional admission under Nebraska Court Rule of Discipline 13.
2. Whether the admitted conduct violated DR 1-102(A)(1), DR 6-101(A)(3), DR 9-102(A)(2), and the respondent's oath of office as an attorney.
3. Whether public reprimand and 18 months of probation with monitoring were appropriate sanctions.

Disposition

other