State ex rel. Counsel for Dis. v. Grabinski

State of NebraSka ex rel . C ouNSel for D iSCipliNe
of the NebraSka Supreme C ourt, relator ,
v. thomaS D. G rabiNSki , reSpoNDeNt.
777 N.W.2d 584
Filed February 12, 2010. 	No. S-06-1126.
Original action. Judgment of disbarment.
heaviCaN, 	C.J., 	WriGht, 	C oNNolly, 	G errarD, 	StephaN,
mCC ormaCk, and miller-lermaN, JJ.
per C uriam.
INTRODUCTION
This case is before the court on the voluntary surrender of
license filed by respondent, Thomas D. Grabinski, on January
11, 2010. The court accepts respondent’s surrender of his
license and enters an order of disbarment.
STATEMENT OF FACTS
Respondent was admitted to the practice of law in the State
of Nebraska on May 8, 1985.
Respondent is currently under investigation by the Office
for the Counsel for Discipline of the Nebraska Supreme Court
based on his convictions in the case of “State of Arizona
v. Thomas Dale Grabinski, CR 2001-006183, [filed] in the
Superior Court of Arizona for Maricopa County.” In that case,
respondent was convicted by a jury of felony fraud and racket-
eering. Respondent was sentenced on September 29, 2006, to
prison terms of 6 years on one count and 5 years on another
count, to be served concurrently. Based on respondent’s convic-
tions, this court suspended respondent’s license on November
15, 2006, until further order of this court.
On January 11, 2010, respondent filed with this court a
pleading surrendering his 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 him. In
addition to surrendering his license, respondent consented to
the entry of an order of disbarment and waived his right to
notice, appearance, and hearing prior to the entry of the order
of disbarment.
STATE Ex REl. COUNSEl FOR DIS. v. GRABINSkI 	417
Cite as 279 Neb. 417
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
11/01/2026 04:48 AM CST

ANAlYSIS
Neb. Ct. R. § 3-315 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 connec-
tion therewith.
Although the filing of January 11, 2010, presently before
the court does not precisely track the language of § 3-315,
we nevertheless find that the content of this pleading satisfies
§ 3-315, and pursuant to § 3-315, respondent has voluntarily
surrendered his license to practice law and knowingly does not
challenge or contest the truth of the allegations made against
him. Further, respondent has waived all proceedings against
him in connection therewith. We further find that 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 he knowingly does
not challenge or contest the truth of the allegations against him
that he was found guilty of felonies based on fraud and racket-
eering. The court accepts respondent’s surrender of his license
to practice law, finds that respondent should be disbarred, and
hereby orders him 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, and upon fail-
ure to do so, he 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
within 60 days after an order imposing costs and expenses, if
any, is entered by the court.
JuDGmeNt of DiSbarmeNt.
418 	279 NEBRASkA REPORTS