State ex rel. Counsel for Dis. v. Tighe
295 Neb. 30
| Neb. | 2016Background
- David W. Tighe, admitted in Nebraska in 2007, faced consolidated disciplinary proceedings after suspension by the U.S. Bankruptcy Court and the U.S. District Court for the District of Nebraska for failing to respond to court orders and for deficient representation.
- In a bankruptcy matter for client Ellen Miller, Tighe failed to file a required debtor certification, causing the case to be closed without discharge despite Miller completing her chapter 13 plan; Miller only learned of the lack of discharge when creditors recontacted her.
- Federal courts issued show-cause orders; Tighe failed to respond, was suspended from practicing in those federal courts, and the Counsel for Discipline sought reciprocal discipline in Nebraska.
- Two additional grievances alleged Tighe failed to provide client file documents to criminal clients William Harris and Clarence Alspaugh; Tighe repeatedly failed to respond to the Counsel for Discipline’s inquiries and certified requests.
- Tighe admitted the allegations in the formal charges, did not file exceptions or appear at oral argument, and offered no mitigating explanation for his failures to communicate or respond.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether discipline should be imposed for Tighe's failures to file required bankruptcy documents, communicate with clients, and ignore disciplinary inquiries | Counsel for Discipline: Tighe violated multiple professional conduct rules (competence, diligence, communication, disciplinary cooperation) and should be suspended at least one year with probation | Tighe: offered no substantive defenses or mitigating circumstances; admitted violations | Court: Discipline is warranted; indefinite suspension ordered |
| Whether cumulative misconduct and failure to cooperate justify more severe sanction | Counsel: multiple instances and failures to respond show disrespect for disciplinary process; recommend suspension and probation | Tighe: no rebuttal or mitigating evidence | Court: Cumulative misconduct and noncooperation justify indefinite suspension until fitness is demonstrated |
| Appropriateness of reciprocal discipline following federal suspensions | Counsel: seek reciprocal action or investigation into federal suspension basis | Tighe: did not meaningfully contest reciprocal discipline | Court: Adopted reciprocal discipline principles and suspended Tighe pending showing of fitness |
| Reinstatement standard and conditions | Counsel: Tighe must address grievances and demonstrate fitness | Tighe: no plan or showing presented | Court: Reinstatement requires full answers to charges and proof of present and future fitness to practice law |
Key Cases Cited
- State ex rel. Counsel for Dis. v. Hart, 265 Neb. 649 (discusses factors for lawyer discipline)
- State ex rel. Counsel for Dis. v. Widtfeldt, 269 Neb. 289 (failure to respond to disciplinary inquiries reflects on fitness to practice)
- State ex rel. Counsel for Dis. v. Sutton, 269 Neb. 640 (indefinite suspension where misconduct and fitness were unclear)
- State ex rel. NSBA v. Simmons, 259 Neb. 120 (indefinite suspension for client harm and noncooperation with Counsel for Discipline)
