State ex rel. Counsel for Dis. v. Remack

And § 48-120(8) mentions third parties only insofar as it
gives the compensation court the power to order a third party
to be reimbursed if it pays a provider or supplier. Pearson
expresses concern that a third party might pay an amount
higher than the fee schedule initially and, if reimbursed only
according to the fee schedule, might not be reimbursed for the
full amount paid. We find this possibility mitigated by the pro-
hibition in § 48-120(1)(e) against providers or suppliers charg-
ing more than the fee schedule allows.
Because we conclude that § 48-120(1)(e) and (8) can be
read consistently, we conclude that the trial court did not err
in applying the fee schedule to any reimbursement to a third
party. We therefore find Pearson’s second assignment of error
to be without merit.
CONCLUSION
The decision of the review panel is affirmed in part, and in
part reversed and remanded for further proceedings.
A ffirmed in pArt, And in pArt reversed And
remAnded for further proceedings.
stAte of nebrAskA ex rel . counsel for discipline of
the nebrAskA supreme court, relAtor , v.
robert J. remAck , respondent.
802 N.W.2d 887
Filed September 23, 2011. 	No. S-11-551.
Original action. Judgment of disbarment.
heAvicAn, 	c.J., 	Wright, 	connolly, 	gerrArd, 	stephAn,
mccormAck , and miller-lermAn, JJ.
per curiAm.
INTRODUCTION
This case is before the court on the voluntary surrender of
license filed by respondent, Robert J. Remack, on July 1, 2011.
The court accepts respondent’s surrender of his license and
enters an order of disbarment.
410 	282 NeBRASkA RePORTS
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
11/01/2026 04:44 AM CST

STATeMeNT OF FACTS
Respondent was admitted to the practice of law in the State
of Nebraska on September 20, 2001. On June 21, 2011, respond-
ent self-reported to relator, the Counsel for Discipline of the
Nebraska Supreme Court, that he had misappropriated client
funds for his own use. On July 1, respondent filed a voluntary
surrender of license in which he admitted that he self-reported
to the Counsel for Discipline that he had misappropriated client
funds for his own use and in which he stated that he freely and
voluntarily consented to the entry of an order of disbarment
and freely and voluntarily waived his right to notice, appear-
ance, or hearing prior to the entry of such an order.
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 connec-
tion therewith.
Pursuant to § 3-315 of the disciplinary rules, we find that
respondent has voluntarily surrendered his license to practice
law. Respondent has self-reported the act of misappropriating
client funds, and therefore, he knowingly does not contest the
truth of such an allegation. Further, respondent has waived
all proceedings against him in connection with the entry of
an order of disbarment based on the admitted act. 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 respondent has stated that he freely, knowingly, and
voluntarily admits he misappropriated client funds for his own
STATe ex ReL. COUNSeL FOR DIS. v. ReMACk 	411
Cite as 282 Neb. 410

use and that he freely and voluntarily consents to the entry
of an order of disbarment and freely and voluntarily waives
his right to proceedings prior to entry of an order. The court
accepts respondent’s voluntary surrender of his license to prac-
tice 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 of the discipli-
nary rules, and upon failure 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 of the disciplinary rules within 60 days
after an order imposing costs and expenses, if any, is entered
by the court.
Judgment of disbArment.
412 	282 NeBRASkA RePORTS