State ex rel. Counsel for Dis. v. Shirk

283 Neb. 627Neb

Full text

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.
state of nebraska ex rel . C ounsel for disCipline
of the nebraska supreme C ourt, relator , v.
Jeremy r. shirk , also known as Jeremy r.
muCkey-shirk , respondent.
810 N.W.2d 749
Filed April 6, 2012. 	No. S-12-012.
Original action. Judgment of disbarment.
heaviCan, C.J., wright, C onnolly, 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, Jeremy R. Shirk, also known
as Jeremy R. Muckey-Shirk, on January 9, 2012. The court
accepts respondent’s voluntary 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 June 16, 2010. On January 9, 2012, respond-
ent filed a voluntary surrender in which he admitted that the
Counsel for Discipline of the State of Nebraska is investigat-
ing three grievances that have been filed against him alleging
that respondent has neglected the affairs of various clients.
Respondent further stated that he freely, knowingly, and vol-
untarily chose not to contest the truth of the allegations being
STATE Ex REl. COUNSEl FOR DIS. v. ShIRk 	627
Cite as 283 Neb. 627
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
11/01/2026 04:42 AM CST
made against him. he further stated that he freely, know-
ingly, and voluntarily surrendered his privilege to practice law
in the State of Nebraska. Respondent further stated that he
freely, knowingly, and voluntarily waived his right to notice,
appearance, or hearing prior to the entry of an order of dis-
barment and consented to the entry of an immediate order
of disbarment.
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 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 freely, knowingly,
and voluntarily admits that he does not contest the allegations
being made against him. The court accepts respondent’s volun-
tary surrender of his license to practice law, finds that respond-
ent should be disbarred, and hereby orders him disbarred from
the practice of law in the State of Nebraska, effective imme-
diately. Respondent shall forthwith comply with all terms of
Neb. Ct. R. § 3-316 of the disciplinary rules, and upon failure
to do so, he shall be subject to punishment for contempt of
628 	283 NEbRASkA REPORTS
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.
STATE Ex REl. COUNSEl FOR DIS. v. ShIRk 	629
Cite as 283 Neb. 627

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