State ex rel. Counsel for Dis. v. Halstead, 298 Neb. 149

Rodney A. Halstead was appointed permanent guardian of an incapacitated adult in August 2009 and required to file annual guardianship reports.
From 2010 through 2015 Halstead filed annual reports that contained knowingly false statements about visiting or communicating with the ward (e.g., "seen about once a month" or "updated by telephone").
In fact, Halstead had not visited the ward or contacted the assisted-living facility since 2009, and the ward moved from that facility in 2011; the true whereabouts were discovered by a court-appointed visitor.
Counsel for Discipline filed formal charges alleging violations of multiple Rules of Professional Conduct; Halstead admitted the factual allegations and the court sustained judgment on the pleadings as to facts.
A referee found Halstead remorseful and cooperative but identified repeated, multi-year violations as a serious aggravating factor; the referee recommended a 1-year suspension plus CLE, supervision on reinstatement, and a temporary bar on accepting guardianship appointments.
The Nebraska Supreme Court reviewed the record de novo, found the duty of candor violations serious (repeated written falsehoods to a tribunal), and adopted the referee’s recommended sanction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Appropriate disciplinary sanction for repeated false annual guardianship reports to the court	Suspension needed given repeated violations of duty of candor, deterrence, protection of public, and maintaining bar reputation	Lesser sanction (cites to cases resulting in public reprimand); argues mitigation (cooperation, no prior discipline, remorse)	Halstead suspended 1 year; must complete CLE in ethics and office management before reinstatement; 1-year probation after reinstatement during which he may not accept guardianships/conservatorships; other compliance and cost obligations imposed

State ex rel. Counsel for Dis. v. Gast, 296 Neb. 687, 896 N.W.2d 583 (Neb. 2017) (standard for de novo review and factors for discipline)
State ex rel. NSBA v. Zakrzewski, 252 Neb. 40, 560 N.W.2d 150 (Neb. 1997) (suspension for filing affidavits known to be false)
State ex rel. NSBA v. Scott, 252 Neb. 698, 564 N.W.2d 588 (Neb. 1997) (discipline for lying to court and administrative bodies)
State ex rel. Counsel for Dis. v. Mills, 267 Neb. 57, 671 N.W.2d 765 (Neb. 2003) (discipline for notarizing/filing documents without signer present)
State ex rel. Counsel for Dis. v. Rokahr, 267 Neb. 436, 675 N.W.2d 117 (Neb. 2004) (suspension for knowingly filing false easement)
State ex rel. Counsel for Dis. v. Gilner, 280 Neb. 82, 783 N.W.2d 790 (Neb. 2010) (suspension for neglect and altering court documents)
State ex rel. Counsel for Dis. v. Peppard, 291 Neb. 948, 869 N.W.2d 700 (Neb. 2015) (public reprimand for conflict-related misconduct)
State ex rel. Counsel for Dis. v. Connor, 289 Neb. 660, 856 N.W.2d 570 (Neb. 2014) (public reprimand for probate mismanagement)