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State ex rel. Counsel for Dis. v. Primmer
309 Neb. 538
| Neb. | 2021
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Background:

  • Respondent Chad D. Primmer was admitted to the Nebraska bar in 2003 and was also an active Iowa bar member.
  • On Jan. 11, 2021, the Iowa Supreme Court found Primmer violated Iowa trust-account and professional-conduct rules (failed monthly reconciliations, no check register, missing client ledgers, inadequate client notice/accounting on withdrawals, and false annual certification).
  • Iowa imposed a 60-day suspension plus costs; Primmer voluntarily consented to temporary suspension in an affidavit attached to the Iowa order.
  • Nebraska Counsel for Discipline filed a motion for reciprocal discipline under Neb. Ct. R. § 3-321, asserting the Iowa rules are equivalent to Nebraska professional-conduct rules governing trust accounts and misconduct.
  • Nebraska issued an order to show cause; Primmer responded by agreeing to identical discipline to that imposed in Iowa.
  • The Nebraska Supreme Court granted reciprocal discipline and imposed an immediate 60-day suspension, directing compliance with suspension-notification and cost-payment requirements.

Issues:

Issue Plaintiff's Argument Defendant's Argument Held
Whether Nebraska should impose reciprocal discipline based on Iowa's judgment Iowa's determination is conclusive; rules are equivalent so reciprocal discipline is proper Primmer consented to identical discipline (no relitigation) Granted reciprocal discipline; imposed suspension based on Iowa judgment
What sanction is appropriate Identical 60-day suspension (as imposed by Iowa) Agreed to identical 60-day suspension Court imposed a 60-day suspension effective immediately (noting it could have chosen a different sanction if case originated in Nebraska)

Key Cases Cited

  • State ex rel. Counsel for Dis. v. Murphy, 283 Neb. 982 (Neb. 2012) (reciprocal-discipline principles; prior jurisdictional finding of misconduct is generally conclusive and not relitigable)
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Case Details

Case Name: State ex rel. Counsel for Dis. v. Primmer
Court Name: Nebraska Supreme Court
Date Published: Jun 18, 2021
Citation: 309 Neb. 538
Docket Number: S-21-087
Court Abbreviation: Neb.