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 also is a member of the Iowa bar.
- The Iowa Supreme Court found Primmer violated Iowa professional-conduct rules governing trust-account management and candor (failed monthly reconciliations, lacked check register and client ledgers, failed to give written withdrawal notices/accountings, and falsely certified monthly reconciliations).
- Iowa entered a final order suspending Primmer for 60 days; Primmer filed an affidavit consenting to temporary suspension.
- Nebraska Counsel for Discipline moved for reciprocal discipline under Neb. Ct. R. § 3-321, asserting the Iowa rules are the equivalent of Nebraska professional-conduct rules addressing trust-account duties and misconduct.
- The Nebraska Supreme Court issued an order to show cause; Primmer responded agreeing to identical discipline to that imposed in Iowa.
- The Nebraska Supreme Court granted reciprocal discipline and imposed a 60-day suspension effective immediately, with notification and costs requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to impose reciprocal discipline based on Iowa’s final judgment | Counsel for Discipline: Iowa judgment conclusively establishes misconduct and warrants identical discipline under Neb. Ct. R. § 3-321 | Primmer: did not contest; agreed to identical discipline | Court granted reciprocal discipline; Iowa determination treated as conclusive and discipline imposed |
| Appropriate sanction | Counsel for Discipline: identical 60-day suspension appropriate given Iowa sanction and equivalent Nebraska rules | Primmer: consented to identical 60-day suspension | Court imposed a 60-day suspension, effective immediately, and required compliance with notification and cost rules |
Key Cases Cited
- State ex rel. Counsel for Dis. v. Murphy, 283 Neb. 982 (2012) (reciprocal-discipline principle: misconduct determination in another jurisdiction is generally conclusive and may support identical discipline)
