State ex rel. Counsel for Dis. v. Frye

facts that may not be reflected in the record currently before
us. Therefore, while we agree with the premise of the Conleys’
argument, we decline to order that the injunction be reinstated.
Instead, whether the temporary injunction should be reinstated
is a matter left to the district court’s discretion following
remand, and we express no opinion on the matter.
VI. CONCLUSION
We conclude that the Conleys were entitled to seek injunctive
relief without first resorting to the appeal procedure set forth in
§§ 23-168.01 to 23-168.04. We further conclude that the dis-
trict court erred in granting summary judgment to the Brazers,
Paradise Pet Suites, Douglas County, the City of Omaha, and
the other named defendants because there are genuine issues of
material fact pertaining to the Conleys’ requests for injunctive
and declaratory relief. We therefore reverse the judgment of
the district court and remand the cause for further proceedings
consistent with this opinion.
R eveRsed and Remanded foR
fuRtheR pRoceedings.
mccoRmack, J., participating on briefs.
WRight, J., not participating.
state of nebRaska ex Rel . counsel foR discipline
of the nebRaska supReme couRt, RelatoR, v.
kRistine d. coRcoRan fRye , Respondent.
771 N.W.2d 571
Filed September 4, 2009. 	No. S-09-139.
Original action. Judgment of suspension.
heavican, 	c.J., 	WRight, 	connolly, 	geRRaRd, 	stephan,
mccoRmack , and milleR-leRman, JJ.
peR cuRiam.
INTRODUCTION
Respondent, Kristine D. Corcoran Frye, was admitted to the
practice of law in the State of Nebraska on April 8, 1983, and
at all times relevant, was engaged in the private practice of law
STATe ex ReL. COUNSeL FOR DIS. v. FRye 	527
Cite as 278 Neb. 527
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
11/01/2026 04:49 AM CST

in Des Moines, Iowa. On February 9, 2009, the Counsel for
Discipline filed formal charges against respondent. The formal
charges set forth three counts that included charges that respon-
dent violated the following provisions of the Nebraska Rules
of Professional Conduct: Neb. Ct. R. of Prof. Cond. § 3-505.5
(unauthorized practice of law; multijurisdictional practice of
law), § 3-508.1 (bar admission and disciplinary matters), and
§ 3-508.4 (misconduct). Respondent was also charged with
violating Neb. Ct. R. § 3-321 (reciprocal discipline), as well
as her oath of office as an attorney, Neb. Rev. Stat. § 7-104
(Reissue 2007).
On May 18, 2009, respondent filed a conditional admission
under Neb. Ct. R. § 3-313, in which she knowingly did not
challenge or contest the facts set forth in the formal charges
and waived all proceedings against her in connection therewith
in exchange for a stated form of consent judgment of discipline
outlined below. Upon due consideration, the court approves the
conditional admission.
FACTS
In summary, the formal charges stated that respondent
maintained an inactive membership in the Nebraska State
Bar Association until December 31, 2003. In July 2004, the
Nebraska Supreme Court suspended respondent from the prac-
tice of law in Nebraska for nonpayment of her bar associa-
tion dues. The formal charges stated that on August 28, 2008,
respondent filed four lawsuits in the district court for Lancaster
County as follows: “John Davis v. Jackie Luden, CI-08-3849;
Tax Properties, Inc. v. Marcella Barber, CI-08-3850; Christine
Frank v. Icye Herman, CI-08-3851; and, John Davis v. Edna
M. Smith, CI-08-3852.” When the judges assigned to the cases
became aware that respondent was a suspended member of the
Nebraska bar, the judges dismissed the cases sua sponte.
Count I of the formal charges alleges that based on these
facts, respondent had violated §§ 3-505.5 and 3-508.4 and her
oath of office as an attorney licensed to practice law in the
State of Nebraska.
After being advised of these facts, the Counsel for Discipline
sent respondent a letter via certified mail on September 2,
528 	278 NeBRASKA RePORTS

2008, at her Des Moines office. The letter advised respondent
that a grievance had been filed against her for engaging in
the unauthorized practice of law. The Counsel for Discipline
directed respondent to submit an appropriate written response
to the grievance within 15 working days pursuant to Neb. Ct.
R. § 3-309(e). This letter was signed as received on September
4. By October 10, respondent had not submitted any written
response to the Counsel for Discipline, so a reminder letter was
sent to her. By October 29, the respondent still had not replied to
the Counsel for Discipline, so another reminder letter was sent
via certified mail to her Des Moines office address. The return
receipt for this letter was signed on October 31. As of February
9, 2009, the date the formal charges were filed, respondent had
not responded to the Counsel for Discipline’s request.
Count II of the formal charges alleges that respondent’s
failure to respond to the Counsel for Discipline’s inquiries
was in violation of §§ 3-309(e) and 3-508.1 and Neb. Ct. R.
§ 3-303(B), and a violation of her oath of office as an attorney
licensed to practice in the State of Nebraska.
During the course of its investigation, the Counsel for
Discipline became aware that respondent had been the subject
of disciplinary actions in Iowa for failing to respond to inquiries
by the Iowa Supreme Court Attorney Disciplinary Board and
failing to comply with the Iowa Supreme Court’s rules on con-
tinuing education. Respondent did not advise the Counsel for
Discipline of the Nebraska Supreme Court of these disciplin-
ary actions.
Count III of the formal charges alleges that the failure to
advise the Counsel for Discipline of these disciplinary actions
was in violation of § 3-321 and a violation of her oath of
office as an attorney licensed to practice law in the State
of Nebraska.
ANALySIS
Section 3-313 provides in pertinent 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
STATe ex ReL. COUNSeL FOR DIS. v. FRye 	529
Cite as 278 Neb. 527

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.
Pursuant to her conditional admission, respondent know-
ingly does not challenge the allegations in the formal charges
in exchange for a suspension of 90 days, and upon reinstate-
ment, to probation for 1 year from the entry of the order of
reinstatement, subject to monitoring by an attorney licensed to
practice in the State of Nebraska who shall be approved by the
Counsel for Discipline. Respondent agreed that her monitoring
should be subject to the following terms:
(1) Respondent shall provide the monitor with a monthly list
of cases for which respondent is currently responsible, which
list shall include the following information for each case: (a)
date attorney-client relationship began, (b) general type of
case, (c) date of last contact with client, (d) last type and date
of work completed on file, (e) next type of work and date that
work should be completed on case, and (f) any applicable stat-
ute of limitations and its date.
(2) During the first 6 months of the probation, respondent
will personally meet with the monitor on a monthly basis to
review the case list and the status of the cases.
(3) Respondent will review with the monitor respondent’s
office practices and continue to work to develop efficient office
procedures that protect the clients’ interests.
(4) The monitor shall have the right to contact respondent
with any questions the monitor may have regarding respon-
dent’s then-pending cases. If at any time the monitor believes
respondent has violated the Nebraska Rules of Professional
530 	278 NeBRASKA RePORTS

Conduct or has failed to comply with the terms of probation,
the monitor shall report such violation or failure to the Counsel
for Discipline.
Pursuant to § 3-313, and given the conditional admission,
we find that respondent knowingly does not challenge or con-
test the formal charges, which we now deem to be established
facts, and we further find that respondent violated conduct
rules §§ 3-505.5, 3-508.1, and 3-508.4, and disciplinary rules
§§ 3-303(B), 3-309(e), and 3-321, as well as her oath of office
as an attorney licensed to practice law in the State of Nebraska.
Respondent has waived all additional proceedings against her
in connection herewith, and upon due consideration, the court
approves the conditional admission and enters the orders as
indicated below.
CONCLUSION
Based on the conditional admission of respondent, the
recommendation of the Counsel for Discipline, and our inde-
pendent review of the record, we find by clear and convincing
evidence that respondent has violated §§ 3-505.5, 3-508.1, and
3-508.4 of the Nebraska Rules of Professional Conduct, and
§§ 3-303(B), 3-309(e), and 3-321 of the disciplinary rules,
as well as her oath of office as an attorney, and that respon-
dent should be and hereby is suspended from the practice of
law for a period of 90 days, effective 30 days after the filing
of this opinion, after which time respondent may apply for
reinstatement. Should respondent apply for reinstatement, her
reinstatement shall be conditioned on respondent’s being on
probation for a period of 1 year following reinstatement, sub-
ject to the terms agreed to by respondent and outlined above.
Respondent shall comply with Neb. Ct. R. § 3-316, and upon
failure to do so, she shall be subject to punishment for con-
tempt of this court. Respondent is also 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(B) within 60 days after an order imposing costs and
expenses, if any, is entered by the court.
Judgment of suspension.
STATe ex ReL. COUNSeL FOR DIS. v. FRye 	531
Cite as 278 Neb. 527