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32 Nebraska opinions name it 1 courts 1985–2024 1 in the last five years
The cases below were cited by Nebraska courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
STATE EX REL. NEB. STATE BAR v. McArthurgreen2 sentences1987Nebraska State Bar Assn. v. McArthur, 212 Neb. 815, 819 , 326 N.W.2d 173, 175-76 (1982): To determine whether and to what extent discipline should be imposed, it is necessary that we consider the nature of the offense, the need for deterring others, the maintenance of the reputation of the bar as a whole, the protection of the public, the attitude of the offender generally, and his present or future fitness to continue in the practice of law. 1987Nebraska State Bar Assn. v. McArthur, 212 Neb. 815, 819 , 326 N.W.2d 173, 175-76 (1982): To determine whether and to what extent discipline should be imposed, it is necessary that we consider the nature of the offense, the need for deterring others, the maintenance of the reputation of the bar as a whole, the protection of the public, the attitude of the offender generally, and his present or future fitness to continue in the practice of law. | 4 | 4 |
State Ex Rel. Nebraska State Bar Ass'n v. Hollsteingreen2 sentences2018Nebraska State Bar Assn. v. Hollstein, 202 Neb. 40, 58 , 274 N.W.2d 508, 518 (1979). 44 94 A.L.R.3d, supra note 37, § 10 (and cases cited therein). 45 In re Smith, 817 A.2d 196, 202 (D.C. 2003). 46 Trembly, supra note 17 . - 929 - Nebraska Supreme Court A dvance Sheets 300 Nebraska R eports STATE EX REL. 2018Nebraska State Bar Assn. v. Hollstein, 202 Neb. 40, 58 , 274 N.W.2d 508, 518 (1979). 44 94 A.L.R.3d, supra note 37, § 10 (and cases cited therein). 45 In re Smith, 817 A.2d 196, 202 (D.C. 2003). 46 Trembly, supra note 17 . - 929 - Nebraska Supreme Court A dvance Sheets 300 Nebraska R eports STATE EX REL. | 1 | 1 |
In Re Smithgreen1 sentence2018Nebraska State Bar Assn. v. Hollstein, 202 Neb. 40, 58 , 274 N.W.2d 508, 518 (1979). 44 94 A.L.R.3d, supra note 37, § 10 (and cases cited therein). 45 In re Smith, 817 A.2d 196, 202 (D.C. 2003). 46 Trembly, supra note 17 . - 929 - Nebraska Supreme Court A dvance Sheets 300 Nebraska R eports STATE EX REL. | 1 | 1 |
STATE EX REL. NEB. STATE BAR v. Gleasongreen2 sentences2002NSBA v. Gleason, 248 Neb. 1003 , 1007, 540 N.W.2d 359 , 362 (1995) (“maintenance of the reputation of the bar is important to the court. 2002NSBA v. Gleason, 248 Neb. 1003 , 1007, 540 N.W.2d 359 , 362 (1995) (“maintenance of the reputation of the bar is important to the court. | 1 | 1 |
State Ex Rel. Nebraska State Bar Ass'n v. Ramacciottigreen2 sentences1996See, State ex rel NSBA v. Ramacciotti 250 Neb. 893 , 553 N.W.2d 467 (1996); State ex rel. 1996See, State ex rel NSBA v. Ramacciotti 250 Neb. 893 , 553 N.W.2d 467 (1996); State ex rel. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Nebraska. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
STATE EX REL. STATE BAR ASS'N v. Rasmussen
neutral
2 sentences1990NSBA v. Rasmussen, 232 Neb. 53 , 55, 439 N.W.2d 481 , 483 (1989), we said: The nature and extent of discipline to be imposed is determined by a consideration of the nature of the offense, the need for deterring others, the maintenance of the reputation of the bar as a whole, the protection of the public, the attitude of the offender generally, and his or her present or future fitness to continue in the practice of law. 1990NSBA v. Rasmussen, 232 Neb. 53 , 55, 439 N.W.2d 481 , 483 (1989), we said: The nature and extent of discipline to be imposed is determined by a consideration of the nature of the offense, the need for deterring others, the maintenance of the reputation of the bar as a whole, the protection of the public, the attitude of the offender generally, and his or her present or future fitness to continue in the practice of law. | 4 | 1989–1990 |
STATE EX REL. COUNSEL FOR DISC. OF NEB. S. CT. v. Dortch
green
2 sentences2009Counsel for Dis. v. Dortch, 273 Neb. 667 , 731 N.W.2d 594 (2007). [8, 9] To determine whether and to what extent discipline should be imposed in a lawyer discipline proceeding, this 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 offender generally, and (6) the offender's present or future fitness to continue in the practice of law. 2009Counsel for Dis. v. Dortch, 273 Neb. 667 , 731 N.W.2d 594 (2007). [8, 9] To determine whether and to what extent discipline should be imposed in a lawyer discipline proceeding, this 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 offender generally, and (6) the offender's present or future fitness to continue in the practice of law. | 3 | 2008–2009 |
State Ex Rel. Counsel for Discipline v. Rokahr
green
2 sentences2005Counsel for Dis. v. Rokahr, 267 Neb. 436 , 675 N.W.2d 117 (2004). *436 To determine whether and to what extent discipline should be imposed in a lawyer discipline proceeding, this 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 offender generally, and (6) the offender’s present or future fitness to continue in the practice of law. 2005Counsel for Dis. v. Rokahr, 267 Neb. 436 , 675 N.W.2d 117 (2004). *436 To determine whether and to what extent discipline should be imposed in a lawyer discipline proceeding, this 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 offender generally, and (6) the offender’s present or future fitness to continue in the practice of law. | 3 | 2004–2005 |
State Ex Rel. Counsel for Discipline of Nebraska Supreme Court v. Lechner
neutral
2 sentences2006Id. 2005Id. | 2 | 2005–2006 |
State ex rel. Counsel for Dis. v. Martin
neutral
1 sentence2024MARTIN Cite as 317 Neb. 724 [4,5] To determine whether and to what extent discipline should be imposed in an attorney discipline proceeding, we consider 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. | 1 | 2024–2024 |
State ex rel. Counsel for Discipline of the Neb. Supreme Court v. Nimmer
green
2 sentences2020Generally speaking, an attorney violates the rule against commingling when the funds of the client are 7 Id. 8 Id. 9 Id. 10 Id. 11 Id. 12 Id. - 89 - Nebraska Supreme Court Advance Sheets 305 Nebraska Reports STATE EX REL. 2020Generally speaking, an attorney violates the rule against commingling when the funds of the client are 7 Id. 8 Id. 9 Id. 10 Id. 11 Id. 12 Id. - 89 - Nebraska Supreme Court Advance Sheets 305 Nebraska Reports STATE EX REL. | 1 | 2020–2020 |
State ex rel. Counsel for Dis. v. Gast
green
2 sentences2020Counsel for Dis. v. Gast, 296 Neb. 687 , 896 N.W.2d 583 (2017). 4 Neb. Ct. R. § 3-310(L) (rev. 2014). 5 State ex rel. 2020Counsel for Dis. v. Gast, 296 Neb. 687 , 896 N.W.2d 583 (2017). 4 Neb. Ct. R. § 3-310(L) (rev. 2014). 5 State ex rel. | 1 | 2020–2020 |
State ex rel. Counsel for Dis. v. Jorgenson
green
2 sentences2018Id. [7] As aggravating factors, we note that Jorgenson has pre- viously been disciplined. 2018COUNSEL FOR DIS. v. JORGENSON Cite as 298 Neb. 855 consider 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 pub- lic, (5) the attitude of the respondent generally, and (6) the respondent’s present or future fitness to continue in the practice of law. | 1 | 2018–2018 |
State Ex Rel. Counsel for Discipline of the Neb. Supreme Court v. Trembly
neutral
1 sentence2018COUNSEL FOR DIS. v. TREMBLY Cite as 300 Neb. 195 de novo on the record, reaching a conclusion independent of the referee’s findings.2 ANALYSIS [2-4] 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 To determine whether and to what extent discipline should be imposed in an attorney discipline proceeding, we consider 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 pr | 1 | 2018–2018 |
State Ex Rel. Counsel for Discipline of the Neb. Supreme Court v. Wolfe
green
1 sentence2018Id. | 1 | 2018–2018 |
State ex rel. Counsel for Dis. v. Thebarge
neutral
2 sentences2018Counsel for Dis. v. Thebarge, 289 Neb. 356 , 854 N.W.2d 914 (2014); State ex rel. 2018Counsel for Dis. v. Thebarge, 289 Neb. 356 , 854 N.W.2d 914 (2014); State ex rel. | 1 | 2018–2018 |
State ex rel. Counsel for Dis. v. Nimmer
neutral
1 sentence2018After balancing the relevant factors in comparison to other cases, and consider- ing the need to protect the public, the need to deter others, the reputation of the bar as a whole, Nimmer’s fitness to practice law, and the aggravating circumstances, we conclude the only appropriate sanction here is disbarment. 70 Id. 71 See, e.g., State ex rel. | 1 | 2018–2018 |
State ex rel. Counsel for Dis. v. Robak
neutral
1 sentence2018COUNSEL FOR DIS. v. ROBAK Cite as 301 Neb. 748 (3) probation in lieu of or subsequent to suspension, on such terms as we may designate; or (4) censure and reprimand.7 To determine whether and to what extent discipline should be imposed in an attorney discipline proceeding, this court consid- ers 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 offender generally, and (6) the offender’s present or future fitness to continue in the practic | 1 | 2018–2018 |
State ex rel. Counsel for Dis. v. Halstead
neutral
2 sentences2017Halstead violated several disciplinary rules, including a rule which describes the special duties of attorneys in their role as officers of the court to protect the integrity of the adjudicative process.4 This rule sets forth a duty of candor such that “[a] lawyer shall not knowingly . . . make a false statement of fact or law to a tribunal or fail to correct a false statement of mate- rial fact or law previously made to the tribunal by the lawyer.”5 Violation of this rule is a serious offense, and repeated viola- tion indicates indifference to an attorney’s important legal obligations and fit 2017COUNSEL FOR DIS. v. HALSTEAD Cite as 298 Neb. 149 ANALYSIS [2] To determine whether and to what extent discipline should be imposed in a lawyer 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 offender generally, and (6) the offender’s present or future fitness to continue in the practice of law.3 The first four factors call for a serious sanction in response to Halstead’s actio | 1 | 2017–2017 |
State ex rel. Counsel for Dis. v. Tighe
neutral
2 sentences2017Counsel for Dis. v. Tighe, 295 Neb. 30 , 886 N.W.2d 530 (2016). - 710 - Nebraska Supreme Court A dvance Sheets 296 Nebraska R eports STATE EX REL. 2017Counsel for Dis. v. Tighe, 295 Neb. 30 , 886 N.W.2d 530 (2016). - 710 - Nebraska Supreme Court A dvance Sheets 296 Nebraska R eports STATE EX REL. | 1 | 2017–2017 |
State ex rel. Counsel for Dis. v. Ubbinga
neutral
1 sentence2017COUNSEL FOR DIS. v. UBBINGA Cite as 295 Neb. 995 To determine whether and to what extent discipline should be imposed in an attorney discipline proceeding, we consider 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. | 1 | 2017–2017 |
STATE COUNSEL FOR DISCIPLINE v. Hart
neutral
2 sentences2016Counsel for Dis. v. Hart, 265 Neb. 649 , 658 N.W.2d 632 (2003). 2 State ex rel. 2016Counsel for Dis. v. Hart, 265 Neb. 649 , 658 N.W.2d 632 (2003). 2 State ex rel. | 1 | 2016–2016 |
STATE EX REL. COUNSEL FOR DIS. OF NEB. SUPREME COURT v. Wintroub
green
1 sentence2010Id. | 1 | 2010–2010 |
STATE EX REL. NEBRASKA STATE BAR ASS'N v. Neumeister
neutral
2 sentences1995NSBA v. Neumeister, 234 Neb. 47 , 449 N.W.2d 17 (1989). *364 CONCLUSION When we balance the need to protect the public, the nature of respondent's offenses, the need for deterring others, and the reputation of the bar as a whole against respondent's interest in preserving his privilege to practice law and all mitigating circumstances, we must conclude that the only appropriate judgment is to suspend respondent from the practice of law effective immediately. 1995NSBA v. Neumeister, 234 Neb. 47 , 449 N.W.2d 17 (1989). *364 CONCLUSION When we balance the need to protect the public, the nature of respondent's offenses, the need for deterring others, and the reputation of the bar as a whole against respondent's interest in preserving his privilege to practice law and all mitigating circumstances, we must conclude that the only appropriate judgment is to suspend respondent from the practice of law effective immediately. | 1 | 1995–1995 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.