State ex rel. Counsel for Dis. v. Council, 289 Neb. 33

Respondent Brenda J. Council admitted misconduct arising from misusing campaign funds and related reporting failures.
Between 2010–2012, she used a campaign debit card to withdraw over $63,000 for gambling and attempted to repay it via deposits.
She did not report withdrawals or deposits on campaign statements; pleaded guilty to two counts of abuse of public records.
She pled guilty in state court and was sentenced to fines; later pled guilty to federal wire fraud as part of a plea agreement.
A referee recommended a 1-year suspension with 2 years’ probation and audits; relator sought disbarment.
The Nebraska Supreme Court disbarred respondent, effective September 25, 2013, after de novo review of the referee’s findings and aggravating/mitigating factors.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Should disbarment be imposed for misappropriation of funds?	Counsel argues for harsh sanction due to misappropriation.	Council argues mitigating factors outweigh aggravation.	Disbarment is appropriate.
Is the referee’s recommended sanction too lenient given the facts?	Relator contends 1-year suspension is insufficient.	Respondent contends a lesser sanction is warranted due to mitigating factors.	Disbarment warranted; not limited by referee recommendation.

State ex rel. Counsel for Dis. v. Beltzer, 284 Neb. 28 (2012) (misappropriation with isolated incident may warrant suspension, not disbarment, under certain facts)
State ex rel. Counsel for Dis. v. Carter, 282 Neb. 596 (2011) (disbarment commonly imposed for misappropriation of client funds)
State ex rel. NSBA v. Veith, 238 Neb. 239 (1991) (misappropriation and client fund concerns; high standard for sanctions)
State ex rel. NSBA v. Malcom, 252 Neb. 263 (1997) (mitigating factors must substantially outweigh aggravation to avoid disbarment)
State ex rel. Counsel for Dis. v. Wintroub, 277 Neb. 787 (2009) (reporting violations coupled with other ethical failures can justify disbarment)
State ex rel. NSBA v. Douglas, 227 Neb. 1 (1987) (suspension cases involving multiple misconduct; disbarment in more serious contexts)