State ex rel. Counsel for Dis. v. Gast
298 Neb. 203
| Neb. | 2017Background
- William E. Gast, admitted 1973, faced formal disciplinary charges alleging (1) unauthorized practice of law while administratively suspended and (2) filing frivolous pleadings.
- Gast’s license was suspended June 30, 2015 for failure to report MCLE and pay mandatory assessment; he continued to represent client Connie Surber during the suspension (July 1, 2015–Jan 22, 2016) without notifying client, opposing counsel, or court.
- Gast later reinstated January 22, 2016; opposing counsel discovered the suspension and Gast then self‑reported; Relator opened an investigation and repeatedly requested information that Gast failed to provide.
- Separately, in the longrunning Florida v. Countrywide Truck litigation Gast had been sanctioned by the district court (including a $15,000 personal sanction) for frivolous filings (e.g., recusal motion); the Nebraska Supreme Court affirmed that sanction.
- Relator moved for judgment on the pleadings after Gast failed to answer; the court granted the motion, deemed facts admitted, and the only issue became appropriate discipline.
- The court, noting Gast’s prior disciplinary decision earlier the same year and his nonparticipation in the process, ordered an indefinite suspension of at least one year (to run consecutively to the prior suspension), conditioned reinstatement, and assessed costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Unauthorized practice while suspended | Gast continued representation of Surber during administrative suspension and failed to notify client/court; this violates Rules and his oath | Gast did not respond to the charges; earlier claimed emotional/financial distress in prior proceedings but made no showing here | Facts deemed admitted; court found unauthorized practice and suspended Gast indefinitely for at least 1 year |
| Frivolous pleadings | Gast filed meritless motions in Florida v. Countrywide Truck litigation (including recusal motion); district court found filings frivolous and sanctioned him | Gast appealed but did not contest factual basis of sanction here; no rebuttal in disciplinary proceeding | Court adopted Relator’s view that filings were frivolous and treated as aggravating conduct supporting harsher discipline |
| Failure to cooperate in disciplinary process | Gast ignored repeated requests from Counsel for Discipline and failed to answer formal charges or brief discipline; this shows disrespect and undermines process | Gast provided no responsive participation or mitigation in this proceeding | Court considered nonparticipation an aggravating factor; diminished mitigation from self‑reporting because it followed opposing counsel’s ultimatum |
| Appropriate discipline | Relator recommended indefinite suspension (minimum 1 year) with reinstatement conditions, based on admitted facts, prior discipline, and lack of mitigation | Gast did not submit argument or mitigation to alter recommended sanction | Court adopted Relator’s recommendation: indefinite suspension minimum 1 year, consecutive to prior suspension; reinstatement requires sworn showing of fitness; costs assessed |
Key Cases Cited
- State ex rel. Counsel for Dis. v. Gast, 296 Neb. 687, 896 N.W.2d 583 (2017) (prior disciplinary decision involving Gast considered in sanctioning)
- State ex rel. Counsel for Dis. v. Carbullido, 278 Neb. 721, 773 N.W.2d 141 (2009) (cumulative misconduct can justify disbarment)
- State ex rel. Counsel for Dis. v. Tonderum, 286 Neb. 942, 840 N.W.2d 487 (2013) (discipline proceedings are de novo on the record)
- State of Florida v. Countrywide Truck Ins. Agency, 294 Neb. 400, 883 N.W.2d 69 (2016) (affirming district court sanction for frivolous filing)
- State ex rel. Counsel for Dis. v. Tighe, 295 Neb. 30, 886 N.W.2d 530 (2016) (failure to respond to disciplinary inquiries evidences disrespect for jurisdiction and is aggravating)