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

  • 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)
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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.