State ex rel. Counsel for Dis. v. Gast
298 Neb. 203
| Neb. | 2017Background
- William E. Gast, admitted 1973, faced formal disciplinary charges for unauthorized practice of law while administratively suspended (June 30, 2015–Jan 22, 2016) and for filing frivolous pleadings in long‑running "Florida v. Countrywide Truck" litigation.
- Gast continued to represent client Connie Surber during his 2015 suspension, did not inform the client or court, and later self‑reported only after opposing counsel threatened to report him.
- Relator opened an investigation, requested information, and Gast largely failed to respond to multiple requests, certified letters, an order to show cause, and the formal charges; Relator moved for judgment on the pleadings and the court granted it.
- Gast had a recent prior disciplinary matter resulting in suspension (State ex rel. Counsel for Dis. v. Gast) based on improper communications with a judge and related conduct; the record included conflicting sworn testimony about whether he represented clients during his suspension.
- The district court had previously found several of Gast’s filings frivolous and imposed a $15,000 sanction, which this court affirmed.
- The Court considered cumulative misconduct, Gast’s failure to participate in the disciplinary process, limited mitigating evidence (financial/emotional strain), and recommended sanction precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Unauthorized practice while suspended | Relator: Gast practiced during administrative suspension, failed to notify client/court, and ignored investigation; sanction needed to protect public. | Gast: (no substantive response to charges; earlier testimony attributed noncompliance to depression/financial stress) | Court found allegations admitted via judgment on the pleadings and treated repeated nonresponse as aggravating; sanction appropriate. |
| Filing frivolous pleadings | Relator: Gast filed multiple frivolous motions in Countrywide litigation, including a recusal motion, warranting discipline. | Gast: (did not contest current charges; prior assertions framed litigation zeal) | Court treated earlier district court findings and affirmed appellate disposition as relevant; frivolous filings are established and aggravating. |
| Appropriate discipline | Relator: Indefinite suspension, minimum 1 year, reinstatement conditioned on showing fitness and addressing violations. | Gast: (no brief submitted contesting discipline; no mitigating evidence presented beyond prior claims) | Court adopted Relator’s recommendation: indefinite suspension minimum 1 year, consecutive to prior suspension; reinstatement requires sworn showing of fitness and remediation. |
| Weight of nonparticipation | Relator: Gast’s failure to cooperate shows disrespect for disciplinary process and warrants harsher sanction. | Gast: (no meaningful engagement after self‑report) | Court considered nonparticipation an aggravating factor and emphasized it undermines credibility and limits mitigation; influenced sanction choice. |
Key Cases Cited
- State ex rel. Counsel for Dis. v. Gast, 296 Neb. 687 (Neb. 2017) (prior disciplinary decision involving Gast relied on for aggravation)
- State ex rel. Counsel for Dis. v. Carbullido, 278 Neb. 721 (Neb. 2009) (cumulative misconduct can warrant severe sanctions)
- State ex rel. Counsel for Dis. v. Tonderum, 286 Neb. 942 (Neb. 2013) (disciplinary proceedings are de novo on the record)
- State ex rel. Counsel for Dis. v. Wickenkamp, 277 Neb. 16 (Neb. 2008) (failure to respond to counsel for discipline threatens credibility of proceedings)
- State of Florida v. Countrywide Truck Ins. Agency, 294 Neb. 400 (Neb. 2016) (appellate disposition affirming sanction order relevant to frivolous‑pleading findings)