State ex re. Counsel for Dis. v. Island
296 Neb. 624
| Neb. | 2017Background
- Respondent Bell Island, admitted in Nebraska in 1994, represented a woman (the client) whose 2‑year‑old child was murdered in 2008; the client stopped giving statements after Island began representing her.
- A grand jury later indicted the client (charges dismissed on statute of limitations) and Dustin Chauncey (prosecuted by special prosecutor James Zimmerman); Chauncey’s trial occurred in February 2015.
- Zimmerman sought the client’s testimony; the client invoked the Fifth Amendment, the court ordered her to testify, and after conferring with Island she refused and was held in contempt.
- During the trial, Island directed a press release to a local radio station stating the prosecution’s “version of the truth” forced his client “to either lie or face perjury,” a statement that implicated Zimmerman’s integrity.
- The Counsel for Discipline charged Island with violating multiple Nebraska Rules of Professional Conduct; a referee found violations of §§ 3‑503.6, 3‑504.1(a), and 3‑508.4(a) and (d) and recommended a public reprimand.
- Neither party excepted to the referee’s report; the Nebraska Supreme Court treated the findings as final, granted judgment on the pleadings, and imposed a public reprimand with costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Island made extra‑judicial public statements likely to materially prejudice an adjudicative proceeding (Rule 3‑503.6) | Relator: The press release was public and had substantial likelihood to prejudice the trial by attacking the prosecutor and influencing public perception. | Island: Statements were defense of client’s position and not intended to prejudice proceedings. | Held: Violated § 3‑503.6; press release was public and prejudicial. |
| Whether Island knowingly made false statements of material fact or law to third persons (Rule 3‑504.1(a)) | Relator: Release falsely implied prosecution forced client to lie and impugned prosecutor’s integrity. | Island: He regretted wording and did not intend to impugn Zimmerman; acting on client’s interests. | Held: Violated § 3‑504.1(a); referee found knowingly false statements to a third person. |
| Whether Island engaged in conduct prejudicial to the administration of justice (Rule 3‑508.4(a) and (d)) | Relator: Conduct undermined public confidence and the reputation of the bar; prior reprimand aggravates need for discipline. | Island: No danger to public; provoked by case circumstances and remorseful. | Held: Violated §§ 3‑508.4(a) and (d); public reprimand appropriate considering aggravating and mitigating factors. |
| Whether additional claims (oath of office and § 3‑504.4) were proven | Relator: Also charged violations of oath and § 3‑504.4 for disrespect of third persons. | Island: Denied allegations; contested scope. | Held: Referee and court did not find violations of the oath or § 3‑504.4. |
Key Cases Cited
- State ex rel. Counsel for Dis. v. Ubbinga, 295 Neb. 995 (Neb. 2017) (referee’s findings may be final when no exceptions filed)
- State ex rel. Counsel for Dis. v. Thebarge, 289 Neb. 356 (Neb. 2014) (disciplinary proceedings are trial de novo on the record)
- State ex rel. Counsel for Dis. v. Sundvold, 287 Neb. 818 (Neb. 2014) (disciplinary charges must be proved by clear and convincing evidence)
- State ex rel. Counsel for Dis. v. Tighe, 295 Neb. 30 (Neb. 2016) (discipline considerations and standards for attorney misconduct)