State ex rel. Counsel for Dis. v. Primmer
309 Neb. 538
| Neb. | 2021Background
- Chad D. Primmer was admitted to the Nebraska bar in 2003 and was also a member of the Iowa bar.
- The Iowa Supreme Court found Primmer violated Iowa professional-conduct and court rules governing client trust accounts and reporting: he failed to perform monthly trust-account reconciliations, maintain a check register, keep client ledger cards, give required written notice/accounting on withdrawal, and falsely certified that reconciliations were completed.
- The Iowa court imposed a 60-day suspension and costs; Primmer submitted an affidavit consenting to temporary suspension.
- The Nebraska Counsel for Discipline filed a motion for reciprocal discipline under Neb. Ct. R. § 3-321, asserting the Iowa rules are substantially equivalent to Nebraska 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, suspended Primmer for 60 days effective immediately, required compliance with suspension notification rules, and directed payment of costs and expenses.
Issues
| Issue | Relator's Argument | Primmer's Argument | Held |
|---|---|---|---|
| Whether an Iowa disciplinary determination warrants reciprocal discipline in Nebraska | Iowa's final judgment conclusively establishes misconduct and Nebraska rules are equivalent; reciprocal discipline proper under Neb. Ct. R. § 3-321 | Primmer did not contest and expressly agreed to identical discipline | Court treated the Iowa determination as conclusive and granted reciprocal discipline |
| Appropriate sanction to impose in Nebraska | Seek identical discipline: 60-day suspension (plus costs) as imposed by Iowa | Agreed to identical 60-day suspension | Court imposed a 60-day suspension, effective immediately; required notification and payment of costs |
Key Cases Cited
- State ex rel. Counsel for Dis. v. Murphy, 283 Neb. 982, 814 N.W.2d 107 (2012) (reciprocal-discipline principle: misconduct finding in one jurisdiction is generally conclusive and Nebraska may impose identical, greater, or lesser discipline)