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