State ex rel. Counsel for Dis. v. Bramblett

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Nebraska Supreme Court Advance Sheets
316 Nebraska Reports
STATE EX REL. COUNSEL FOR DIS. v. BRAMBLETT
Cite as 316 Neb. 24
State of Nebraska ex rel. Counsel for Discipline
of the Nebraska Supreme Court, relator, v.
Benjamin L. Bramblett, respondent.
___ N.W.2d ___
Filed February 23, 2024. 	No. S-23-778.
Original action. Judgment of public reprimand.
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke,
Papik, and Freudenberg, JJ.
Per Curiam.
INTRODUCTION
This case is before the court on the conditional admission
filed by Benjamin L. Bramblett, the respondent, on December
29, 2023. The court accepts the respondent’s conditional admis-
sion and enters an order of public reprimand.
FACTS
The respondent was admitted to the practice of law in the
State of Nebraska on April 8, 2021. At all times relevant to
these proceedings, the respondent was engaged in the practice
of law in Omaha, Nebraska.
On October 4, 2023, the Counsel for Discipline of the
Nebraska Supreme Court, the relator, filed formal charges
against the respondent. The formal charges consisted of one
count. Pursuant to Neb. Ct. R. § 3-302, the respondent is under
the jurisdiction of the Committee on Inquiry of the Second
Judicial District.
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
10/14/2026 08:36 AM CDT

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Nebraska Supreme Court Advance Sheets
316 Nebraska Reports
STATE EX REL. COUNSEL FOR DIS. v. BRAMBLETT
Cite as 316 Neb. 24
The formal charges generally allege violations relating to
competence, 	communications 	with 	persons 	represented 	by
counsel, respect for rights of third person, and misconduct. The
violations arose from a conversation the respondent had with
a represented person in which he spoke in a disrespectful and
aggressive manner.
The respondent represented the plaintiff, D.A., in the district
court for Douglas County, Nebraska, in a dissolution of mar-
riage case. The defendant in that case, A.A., was represented
by counsel at all relevant times. On August 20, 2022, the
district court entered a temporary order granting the parties
joint legal custody of their children, but granting A.A. pri-
mary physical custody subject to a parenting time schedule.
On September 1, D.A. attempted to pick up the children from
school, but fell into a disagreement with A.A. over whether or
not he was entitled to parenting time. A.A. made a video and
audio recording of a portion of the disagreement using her cell
phone. During the disagreement, D.A. called the respondent
on his cell phone. While D.A. spoke with the respondent,
he asked A.A. whether or not she wanted to speak with the
respondent directly on speakerphone. A.A. initially declined,
but thereafter agreed to speak directly with the respondent. A
verbal exchange took place between A.A. and the respondent.
Although the respondent knew that A.A. was represented by
counsel, he nevertheless spoke to A.A. in a disrespectful and
aggressive manner.
The formal charges allege that by his actions, the respond-
ent violated his oath of office as an attorney licensed to prac-
tice law in the State of Nebraska as provided by Neb. Rev.
Stat. § 7-104 (Reissue 2022) and violated Neb. Ct. R. of Prof.
Cond. §§ 3-501.1 (competence) (rev. 2017), 3-504.2 (com-
munication with person represented by counsel), 3-504.4(a)
(respect for rights of third persons), and 3-508.4(a) and (d)
(misconduct) (rev. 2016).
On December 29, 2023, the respondent filed a condi-
tional admission pursuant to Neb. Ct. R. § 3-313(B) of the

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Nebraska Supreme Court Advance Sheets
316 Nebraska Reports
STATE EX REL. COUNSEL FOR DIS. v. BRAMBLETT
Cite as 316 Neb. 24
disciplinary rules, in which he conditionally admitted that
he violated his oath of office as an attorney and §§ 3-501.1,
3-504.2, 3-504.4(a), and 3-508.4(a) and (d) of the professional
conduct rules. In the conditional admission, the respondent
admits that his conduct violated the identified rules of profes-
sional conduct. The respondent knowingly does not challenge
or contest the truth of the matters conditionally asserted and
waived all proceedings against him in exchange for a pub-
lic reprimand.
The proposed conditional admission included a declaration
by the Counsel for Discipline, stating that the respondent’s
proposed discipline is appropriate under the facts of this case
and consistent with sanctions imposed in other disciplinary
cases with similar acts of misconduct.
ANALYSIS
Section 3-313, which is a component of our rules governing
procedures regarding attorney discipline, provides in perti-
nent part:
(B) At any time after the Clerk has entered a Formal
Charge against a Respondent on the docket of the Court,
the Respondent may file with the Clerk a conditional
admission of the Formal Charge in exchange for a stated
form of consent judgment of discipline as to all or part of
the Formal Charge pending against him or her as deter-
mined to be appropriate by the Counsel for Discipline
or any member appointed to prosecute on behalf of the
Counsel for Discipline; such conditional admission is
subject to approval by the Court. The conditional admis-
sion shall include a written statement that the Respondent
knowingly admits or knowingly does not challenge or
contest the truth of the matter or matters conditionally
admitted and waives all proceedings against him or
her in connection therewith. If a tendered conditional
admission is not finally approved as above provided, it
may not be used as evidence against the Respondent in
any way.

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Nebraska Supreme Court Advance Sheets
316 Nebraska Reports
STATE EX REL. COUNSEL FOR DIS. v. BRAMBLETT
Cite as 316 Neb. 24
Pursuant to § 3-313, and given the conditional admission,
we find that the respondent knowingly does not challenge or
contest the matters conditionally admitted and has waived
proceedings against him in connection therewith. We fur-
ther determine that by his conduct, the respondent violated
§§ 3-501.1 (competence), 3-504.2 (communication with per-
son represented by counsel), 3-504.4(a) (respect for rights of
third persons), and 3-508.4(a) and (d) (misconduct) of the
professional conduct rules and his oath of office as an attor-
ney licensed in the State of Nebraska. The respondent has
waived all additional proceedings against him in connection
herewith. Upon due consideration, the court approves the con-
ditional admission and enters the orders below.
CONCLUSION
The respondent is publicly reprimanded. The respondent is
directed to pay costs and expenses in accordance with Neb.
Ct. R. §§ 3-310(P) (rev. 2023) and 3-323 of the disciplin-
ary rules within 60 days after an order imposing costs and
expenses, if any, is entered by the court.
Judgment of public reprimand.