State ex rel. Counsel for Dis. v. Carbullido

record suggests that a reasonable person should have expected
an arbitration agreement to be included with admission docu-
ments for a nursing home. So Beverly Hallmark was not justi-
fied in relying solely on Manda’s authorization of Frank to
sign admission papers as apparent authority to bind her to an
arbitration agreement. We conclude that these circumstances
preclude Beverly Hallmark from relying on the doctrine of
apparent authority.
We reverse the trial court’s order to dismiss Frank’s com-
plaint and remand the cause for further proceedings.
R eveRsed and Remanded foR
fuRtheR pRoceedings.
State ex rel. counSel For diS. v. carBullido 	721
cite as 278 neb. 721
state of nebRaska ex Rel . counsel foR discipline
of the nebRaska supReme couRt, RelatoR, v.
kimbeRly k. caRbullido, Respondent.
773 n.W.2d 141
Filed october 16, 2009. 	no. S-08-1203.
1. Disciplinary Proceedings: Appeal and Error. a proceeding to discipline an
attorney is a trial de novo on the record.
2. Disciplinary Proceedings. an attorney against whom formal charges have been
filed is subject to a judgment on the pleadings if he or she fails to answer
those charges.
3. ____. the nebraska Supreme court evaluates each attorney discipline case in
light of its particular facts and circumstances.
4. ____. to determine whether and to what extent discipline should be imposed in
an attorney discipline proceeding, the nebraska Supreme court considers the fol-
lowing factors: (1) the nature of the offense, (2) the need for deterring others, (3)
the maintenance of the reputation of the bar as a whole, (4) the protection of the
public, (5) the attitude of the offender generally, and (6) the offender’s present or
future fitness to continue in the practice of law.
5. ____. For purposes of determining the proper discipline of an attorney, the
nebraska Supreme court considers the attorney’s acts both underlying the events
of the case and throughout the proceeding as well as all aggravating or mitigat-
ing factors.
6. ____. cumulative acts of attorney misconduct are distinguishable from isolated
incidents, and they justify more serious sanctions.
7. ____. an attorney’s failure to respond to inquiries and requests for information
from the counsel for discipline is an important matter and is a threat to the credi-
bility of attorney disciplinary proceedings.
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
11/01/2026 04:49 AM CST

original action. Judgment of disbarment.
John W. Steele, assistant counsel for discipline, for relator.
no appearance for respondent.
heavican, 	c.J., 	WRight, 	connolly, 	geRRaRd, 	stephan,
mccoRmack , and milleR-leRman, JJ.
peR cuRiam.
nature oF caSe
this is an attorney discipline case involving, among other
things, repeated instances of the unauthorized practice of law on
the part of the respondent, Kimberly K. carbullido. Judgment
on the pleadings was entered against carbullido after she failed
to respond to any of the allegations against her, finding that she
had violated neb. ct. r. of Prof. cond. §§ 3-501.1, 3-501.4,
3-505.5, 3-508.1, and 3-508.4. We address the appropriate
sanction for those violations.
BacKGround
carbullido was admitted to the practice of law in the State
of nebraska on September 28, 1995. She was engaged in the
private practice of law in douglas and Sarpy counties. Her
misconduct in issue stems from her repeated engagement in
the practice of law while under suspension and from several
convictions of driving under the influence (dui) and driving
under suspension (duS).
unauthoRized pRactice of laW
carbullido was suspended from the practice of law on June
14, 2004, as a result of nonpayment of her nebraska State Bar
association dues. Between the dates of her suspension and
reinstatement on February 20, 2006, carbullido was engaged
in the unauthorized practice of law. She was given a private
reprimand, and her license was eventually reinstated.
on July 7, 2008, carbullido was again suspended for non-
payment of her bar dues. While suspended, she again engaged
in the unauthorized practice of law. Specifically, between July
9 and 30, carbullido signed and entered not guilty pleas on
behalf of her clients in four different cases and signed and filed
a pretrial motion to continue in at least one other case.
722 	278 neBraSKa rePortS

on august 1, 2008, the office of the counsel for discipline
of the nebraska Supreme court, relator, sent a letter to
carbullido advising her that it appeared that she was engag-
ing in the unauthorized practice of law and that she needed
to submit a written response to relator. carbullido signed the
return receipt for the notice on august 2, but did not file a
written response.
despite this notice, carbullido continued to practice law
while her license was suspended. according to the amended
formal charges, from august 12 to September 23, 2008,
carbullido signed and filed for different clients one not guilty
plea, two motions to continue, and one request for a bond
review. She also appeared in court on october 28 to represent
a client and enter a plea she had negotiated with the prosecutor
during the time she was suspended. carbullido did not advise
any of her clients that she was operating under a suspended
license to practice law.
dui and dus convictions
the 	investigation 	into 	carbullido’s 	unauthorized 	prac-
tice of law revealed a criminal history that included multiple
dui convictions. Specifically, as will be explained in greater
detail below, carbullido was convicted of four dui’s between
november 2003 and July 2008. and, in relation to those con-
victions, carbullido failed to appear for at least two hearings
and failed to pay her fines on time. carbullido was also con-
victed three times of duS.
carbullido’s first dui was charged on July 10, 2002. Her
second dui charge was filed on September 6, 2003, before the
trial and conviction on her first dui was able to take place.
a joint sentencing order was imposed for the first two dui’s,
giving her probation. But 11 days after the order of probation,
carbullido was ticketed for a third dui.
carbullido failed to appear at a hearing for the prosecution
of the third dui, and a warrant was issued for her arrest. Her
counsel later appeared and obtained a continuance, and the
warrant was canceled. However, carbullido failed to appear
at the rescheduled hearing, and another arrest warrant was
issued. carbullido eventually appeared voluntarily and pled
State ex rel. counSel For diS. v. carBullido 	723
cite as 278 neb. 721

guilty to the third-offense dui charge. on September 2, 2004,
she was sentenced to 24 months’ probation, her license was
impounded for a year, she was ordered to have a drug abuse
evaluation, and she was fined $600.
on october 6, 2004, an arrest warrant was issued for
carbullido based on her failure to pay her fines. on november
29, counsel obtained a recall of the warrant and a hearing was
set for March 31, 2005. Before that hearing took place, on
February 24, carbullido was ticketed for duS. in relation to
these activities, on March 30, carbullido was charged with
violating probation. carbullido apparently did not appear for
the scheduled hearing on March 31, and a warrant was again
issued for her arrest.
on april 28, 2005, carbullido was stopped a second time
for duS. that eventually resulted in a conviction, and she was
sentenced to probation and fined $300.
on May 20, 2005, the complaint against carbullido for
violating probation was amended to include a charge for fail-
ure to appear. on august 25, carbullido pled guilty to the
February duS charge. She also pled guilty to the charge of
violating probation. carbullido was ordered to have an inter-
lock device placed on her ignition, sentenced to probation, and
fined $200.
on december 5, 2005, an arrest warrant was issued based
on carbullido’s failure to pay the $200 fine. carbullido finally
paid all fines and costs on June 15, 2006. But on July 12, 2007,
carbullido was stopped a third time for duS. She later pled
guilty and was fined, placed on probation, and given a stayed
90-day jail sentence. She eventually received a satisfactory dis-
charge from probation.
on July 21, 2008, carbullido was ticketed for her fourth
dui. the record in this case does not reflect whether she has
been convicted.
analYSiS
[1,2] a proceeding to discipline an attorney is a trial de
novo on the record.1 an attorney against whom formal charges
1 State ex rel. Counsel for Dis. v. Wickenkamp, 277 neb. 16, 759 n.W.2d
492 (2009).
724 	278 neBraSKa rePortS

have been filed is subject to a judgment on the pleadings if he
or she fails to answer those charges.2 the disciplinary rules
provide that if no answer is filed, the court may dispose of the
matter on a motion for judgment on the pleadings as long as
an opportunity for oral argument is given before disbarment
is ordered.3 in this case, we granted relator’s motion for judg-
ment on the pleadings based on the fact that carbullido, after
receiving notice, failed to respond to the allegations against
her. carbullido failed to appear at oral argument. relator sug-
gests that the proper discipline for carbullido is disbarment.
We agree.
[3-5] We evaluate each attorney discipline case in light of
its particular facts and circumstances.4 to determine whether
and to what extent discipline should be imposed in an attorney
discipline proceeding, this court considers the following fac-
tors: (1) the nature of the offense, (2) the need for deterring
others, (3) the maintenance of the reputation of the bar as a
whole, (4) the protection of the public, (5) the attitude of the
offender generally, and (6) the offender’s present or future fit-
ness to continue in the practice of law.5 For purposes of deter-
mining the proper discipline of an attorney, this court considers
the attorney’s acts both underlying the events of the case and
throughout the proceeding as well as all aggravating or mitigat-
ing factors.6
[6] the evidence establishes that carbullido has repeat-
edly violated the law, court orders, and the nebraska rules of
Professional conduct. cumulative acts of attorney misconduct
are distinguishable from isolated incidents, and they justify
more serious sanctions.7 indeed, we have said that ordinar-
ily, cumulative acts of misconduct can, and often do, lead to
2 Id.
3 See, id.; neb. ct. r. § 3-310(i).
4 State ex rel. Counsel for Dis. v. Bouda, ante p. 380, 770 n.W.2d 648
(2009).
5 Id.
6 See id.
7 See State ex rel. Counsel for Dis. v. Wickenkamp, supra note 1.
State ex rel. counSel For diS. v. carBullido 	725
cite as 278 neb. 721

disbarment.8 in this case, carbullido demonstrates a contin-
ued pattern of disregard for the rules she must abide by as
a lawyer and as a law-abiding citizen. She has continued to
flaunt these rules after being given multiple warnings and less
severe punishments.
[7] We also note that carbullido failed to respond to requests
from relator for information, failed to respond to the formal
charges, and failed to file a brief with this court. an attorney’s
failure to respond to inquiries and requests for information from
relator is an important matter and is a threat to the credibility
of attorney disciplinary proceedings.9 the failure to respond
to formal charges in this court is of even greater moment.10
carbullido’s failures to cooperate with relator and respond
to the charges at any point during this disciplinary process
indicate a disrespect for this court’s disciplinary jurisdiction.11
as there is no record of mitigating factors, we conclude that
carbullido’s behavior warrants disbarment.
concluSion
We order that carbullido be disbarred from the practice of
law in the State of nebraska, effective immediately. carbullido
is directed to comply with neb. ct. r. § 3-316, and upon fail-
ure to do so, she shall be subject to punishment for contempt
of this court. carbullido is further directed to pay costs and
expenses in accordance with neb. rev. Stat. §§ 7-114 and
7-115 (reissue 2007) and § 3-310(P) and neb. ct. r. § 3-323
within 60 days after an order imposing costs and expenses, if
any, is entered by the court.
Judgment of disbaRment.
8 Id.
9 Id.
10 Id.
11 See id.
726 	278 neBraSKa rePortS