State ex rel. Counsel for Dis. v. Tonderum, 840 N.W.2d 487

Donna J. Tonderum, admitted 2003, was charged by the Nebraska Counsel for Discipline for disclosing confidential information about a former criminal client to the prosecuting attorney after her representation had ended.
On September 7, 2012, Tonderum told the county prosecutor she no longer represented the client, said she believed he was guilty, provided witness names, expected testimony, and defense strategy, and said she wanted the client sent to prison.
The prosecutor notified the client’s new counsel and moved to withdraw; a special prosecutor was appointed. A grievance was filed and Tonderum responded, denying some attributed statements but admitting she spoke to the prosecutor and identified witnesses.
Tonderum failed to respond to formal disciplinary charges; the court entered judgment on the pleadings as to the facts and reserved the issue of discipline.
The court considered Nebraska disciplinary standards and comparative authority, found the breach of client confidentiality serious, noted Tonderum had no prior discipline but had not provided mitigating evidence, and concluded discipline was required.

Issue	Plaintiff's Argument (Relator)	Defendant's Argument (Tonderum)	Held
Whether the uncontested facts support discipline	Relator: facts establish intentional disclosure of client confidences harming client and public trust	Tonderum: did not file an answer to rebut or mitigate (limited denials in grievance response only)	Court treated facts as established by judgment on the pleadings and proceeded to discipline
Appropriate sanction for intentional disclosure of client confidences	Relator: severe sanction needed to protect public and deter, comparing to suspensions in similar cases	Tonderum: no argument on discipline (no post-judgment submissions)	Court imposed indefinite suspension with minimum 3-year suspension, reinstatement only upon sworn showing of fitness and addressing the violation
Effect of failure to respond to formal charges	Relator: failure to respond prevents presentation of mitigating facts and undermines proceedings	Tonderum: no response; thus no mitigation offered	Court considered failure to respond aggravating; it supported a significant suspension
Requirement for costs and compliance with rules	Relator: costs and compliance required under statutes/rules	Tonderum: no position presented	Court ordered compliance with Neb. Ct. R. § 3-316 and payment of costs under applicable statutes and rules

State ex rel. Counsel for Dis. v. Cording, 285 Neb. 146, 825 N.W.2d 792 (discussing factors for discipline)
State ex rel. Counsel for Dis. v. Palik, 284 Neb. 353, 820 N.W.2d 862 (discipline framework)
State ex rel. Counsel for Dis. v. Beach, 272 Neb. 337, 722 N.W.2d 30 (disclosure of client confidences; disbarment in context of prior misconduct)
State ex rel. Counsel for Dis. v. Lopez Wilson, 262 Neb. 653, 634 N.W.2d 467 (suspension for threatening to reveal client confidences)
State ex rel. Counsel for Dis. v. Walocha, 283 Neb. 474, 811 N.W.2d 174 (consideration of comparable discipline)
State ex rel. Counsel for Dis. v. Sutton, 269 Neb. 640, 694 N.W.2d 647 (indefinite suspension where respondent failed to respond)
State ex rel. Counsel for Dis. v. Wickenkamp, 277 Neb. 16, 759 N.W.2d 492 (failure to respond to disciplinary inquiries is an aggravating factor)
The Florida Bar v. Knowles, 99 So. 3d 918 (Fla. 2012) (1-year suspension for lawyer who disclosed client confidences after withdrawal)