State ex rel. Counsel for Dis. v. Primmer
309 Neb. 538
Neb.2021Background
- Chad D. Primmer, admitted to the Nebraska bar in 2003, was an active member of Nebraska and Iowa bar associations.
- On January 11, 2021, the Iowa Supreme Court found Primmer violated Iowa Rules of Professional Conduct governing client trust accounting and honesty (failed monthly reconciliations, lacked check register and client ledgers, failed accountings to clients, and falsely certified compliance) and suspended him for 60 days; Primmer consented to temporary suspension.
- The Nebraska Counsel for Discipline moved for reciprocal discipline under Neb. Ct. R. § 3-321, asserting the Iowa rules were the substantive equivalent of Nebraska professional conduct rules.
- Nebraska issued an order to show cause; Primmer responded agreeing to identical discipline entered in Iowa.
- The Nebraska Supreme Court concluded the Iowa disciplinary determination is conclusive for reciprocal proceedings and imposed a 60-day suspension, effective immediately.
- Primmer must comply with suspension notification rules and pay costs and expenses; failure to notify may result in contempt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Nebraska should impose reciprocal discipline based on Iowa's disciplinary order | Iowa's findings are conclusive and warrant identical discipline under Neb. Ct. R. § 3-321 | Primmer did not contest and agreed to identical discipline | Granted: Nebraska imposed identical 60-day suspension |
| Whether the Iowa misconduct findings are preclusive in Nebraska proceedings | Out-of-state disciplinary determination is conclusive and not relitigable in Nebraska | Primmer did not seek relitigation; consented to discipline | Held: Iowa determination treated as conclusive for reciprocal discipline |
| Appropriateness and length of sanction | Counsel sought identical 60-day suspension as imposed by Iowa | Primmer consented to identical sanction | Held: 60-day suspension appropriate; imposed immediately |
Key Cases Cited
- State ex rel. Counsel for Dis. v. Murphy, 283 Neb. 982 (2012) (discusses reciprocal discipline and conclusive effect of out-of-state disciplinary determinations)