State ex rel. Counsel for Dis. v. Placke

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291 Nebraska reports
STATE EX REL. COUNSEL FOR DIS. v. PLACKE
Cite as 291 Neb. 905
Nebraska Supreme Court
I attest to the accuracy and integrity
of this certified document.
— Nebraska Reporter of Decisions
state of Nebraska ex rel . C ouNsel for D isCipliNe
of the Nebraska supreme C ourt, relator ,
v. JoN plaCke , respoNDeNt.
870 N.W.2d 109
Filed September 25, 2015. 	No. S-15-393.
Original action. Judgment of disbarment.
heaviCaN, C.J., Wright, C oNNolly, mCC ormaCk , miller-
lermaN, and Cassel , JJ.
per C uriam .
INTRODUCTION
This case is before the court on the voluntary surrender of
license filed by respondent, Jon Placke, on August 24, 2015.
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 April 26, 1993. On May 5, 2015, the
Committee on Inquiry of the Fifth Judicial District filed
an 	application 	for 	temporary 	suspension 	of 	respondent’s
license, and attached to the application was an affidavit of
the Counsel for Discipline of the Nebraska Supreme Court.
The application and affidavit alleged that respondent had
failed to pay fees and assessments to renew his license to
practice law in the State of Nebraska in 2015 and that he
failed to submit evidence showing that he completed his man-
datory continuing legal education requirements for 2014. The
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
11/01/2026 04:31 AM CST

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291 Nebraska reports
STATE EX REL. COUNSEL FOR DIS. v. PLACKE
Cite as 291 Neb. 905
application and affidavit alleged that three criminal charges
had been filed against respondent in Hall County, Nebraska,
between October and December 2014, which included driv-
ing a motor vehicle on a suspended license and two charges
of third degree domestic assault, and that two grievances
had been filed against respondent, which generally alleged
trust account violations, neglect, failure to communicate,
and failure to provide requested information to the Counsel
for Discipline. The application and affidavit also alleged
that in two separate probate cases in which respondent was
appointed as the personal representative in intestacy, respond-
ent failed to file inventories and failed to appear in court, and
that in a separate criminal case, respondent failed to commu-
nicate with his client.
Respondent was temporarily suspended on June 24, 2015.
On August 24, respondent filed a “Receipt” acknowledging
the receipt of the order of temporary suspension as well as the
Neb. Ct. R. 3-316 (rev. 2014) notification information.
On August 24, 2015, respondent filed a voluntary surren-
der of license, in which he stated that he does not challenge
or contest the truth of the suggested allegations set forth in
the application for temporary suspension. Respondent further
stated that he freely 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

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291 Nebraska reports
STATE EX REL. COUNSEL FOR DIS. v. PLACKE
Cite as 291 Neb. 905
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 suggested allegations made against him. Further, respond-
ent 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, know-
ingly, and voluntarily admits that he does not contest the sug-
gested allegations being made against him. The court accepts
respondent’s voluntary 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 § 3-316 of the disciplinary rules,
and upon failure to do so, he shall be subject to punish-
ment 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 2012) and Neb. Ct.
R. §§ 3-310(P) (rev. 2014) 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.