State ex rel. Counsel for Dis. v. Erwin-Loncke
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856
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district court and remand the cause with directions to appoint
counsel for Mata and grant him leave to amend.
CONCLUSION
For the foregoing reasons, we reverse, and remand with
directions to appoint Mata counsel and grant him leave to
amend his motion for postconviction relief.
R eversed and remanded with directions.
State
of
the
Nebraska ex rel. Counsel for Discipline
Nebraska Supreme Court, relator, v.
K im D. Erwin-Loncke, respondent.
of
___N.W.2d___
Filed November 19, 2010. No. S-10-1071.
Original action. Judgment of disbarment.
Heavican, C.J., Wright, Connolly, Gerrard, Stephan,
McCormack, and Miller-Lerman, JJ.
P er Curiam.
INTRODUCTION
This case is before the court on the voluntary surrender
of license filed by respondent, Kim D. Erwin-Loncke, on
November 2, 2010. The court accepts respondent’s surrender of
her license and enters an order of disbarment.
STATEMENT OF FACTS
Respondent was admitted to the practice of law in the State
of Nebraska on July 26, 2007, and has maintained an office
in Omaha, Nebraska. On August 2, 2010, the Counsel for
Discipline of the Nebraska Supreme Court received an overdraft notice with respect to the respondent’s trust account. In
addition, the record shows that on September 14, the Counsel
for Discipline received a grievance against respondent from a
health care provider claiming that respondent had failed to pay
a bill on behalf of an individual for whom respondent was acting as a conservator. At the time respondent filed her voluntary
Nebraska Advance Sheets
state ex rel. counsel for dis. v. erwin-loncke
Cite as 280 Neb. 856
857
surrender on November 2, the Counsel for Discipline was
investigating respondent for possible misuse of funds that were
held in her client trust account.
On November 2, 2010, respondent filed with this court a
voluntary surrender surrendering her license to practice law in
the State of Nebraska. In this pleading, respondent does not
challenge or contest the truth of the allegations made against
her. In addition to surrendering her license, respondent consented to the entry of an order of disbarment and waived her
right to notice, appearance, and hearing prior to the entry of the
order of disbarment.
ANALYSIS
Neb. Ct. R. § 3-315 of the disciplinary rules provides in
pertinent part:
(A) Once a Grievance, a Complaint, or a Formal Charge
has been filed, suggested, or indicated against a member,
the member may voluntarily surrender his or her license.
(1) The voluntary surrender of license shall state in
writing that the member knowingly admits or knowingly
does not challenge or contest the truth of the suggested
or indicated Grievance, Complaint, or Formal Charge
and waives all proceedings against him or her in connection therewith.
Respondent filed a pleading pursuant to § 3-315 of the
disciplinary rules. In this pleading, respondent has voluntarily
surrendered her license to practice law and knowingly does not
challenge or contest the truth of the allegations made against
her with respect to the trust account violations. Respondent has
waived all proceedings against her. Respondent has consented
to the entry of an order of disbarment.
CONCLUSION
Upon due consideration of the court file in this matter, the
court finds that respondent has stated that she freely, knowingly, and voluntarily does not contest the allegations that
she misused funds held in her client trust account. The court
accepts respondent’s surrender of her license to practice law,
finds that respondent should be disbarred, and hereby orders
Nebraska Advance Sheets
858
280 nebraska reports
her disbarred from the practice of law in the State of Nebraska,
effective immediately. Respondent shall forthwith comply with
all terms of Neb. Ct. R. § 3-316 of the disciplinary rules,
and upon failure to do so, she shall be subject to punishment for contempt of this court. Accordingly, respondent is
directed to pay costs and expenses in accordance with Neb.
Rev. Stat. §§ 7-114 and 7-115 (Reissue 2007) and Neb. Ct. R.
§§ 3-310(P) and 3-323 of the disciplinary rules within 60 days
after an order imposing costs and expenses, if any, is entered
by the court.
Judgment of disbarment.
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