State ex rel. Counsel for Dis. v. Gage

- 443 -
Nebraska Supreme Court Advance Sheets
316 Nebraska Reports
STATE EX REL. COUNSEL FOR DIS. v. GAGE
Cite as 316 Neb. 443
State of Nebraska ex rel. Counsel for Discipline
of the Nebraska Supreme Court, relator,
v. Robb N. Gage, respondent.
___ N.W.3d ___
Filed April 25, 2024. 	No. S-24-061.
Original action. Judgment of disbarment.
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke,
Papik, and Freudenberg, JJ.
Per Curiam.
INTRODUCTION
This case is before the court on the voluntary surrender of
license filed by the respondent, Robb N. Gage, on March 1,
2024. The court accepts the respondent’s voluntary surrender
of his license and enters a judgment of disbarment.
STATEMENT OF FACTS
The respondent was admitted to the practice of law in the
State of Nebraska on September 17, 2002. At all times relevant
to these proceedings, the respondent was engaged in the practice
of law in Omaha, Nebraska. Pursuant to Neb. Ct. R. § 3-302,
the respondent is under the jurisdiction of the Committee on
Inquiry of the Second Judicial District (Committee).
On February 24, 2021, the respondent was arrested in
Douglas County, Nebraska, and charged with four counts of
possession of a controlled substance, all Class IV felonies.
On March 23, 2021, we temporarily suspended the respond-
ent’s license to practice law based on the criminal charges
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- 444 -
Nebraska Supreme Court Advance Sheets
316 Nebraska Reports
STATE EX REL. COUNSEL FOR DIS. v. GAGE
Cite as 316 Neb. 443
filed against him in Douglas County, as noted above. His
license remains suspended.
On March 3, 2022, in the district court for Douglas County,
the respondent entered a plea of no contest in case No. CR
21-702 to two charges: possession of cocaine, a Class IV
felony, and possession of fentanyl, a Class IV felony. As part
of the plea agreement, the State dismissed two other charges.
On April 13, 2022, the respondent was sentenced to a
30-month term of probation.
The Counsel for Discipline of the Nebraska Supreme Court,
the relator, prepared a disciplinary complaint, and on September
15, 2023, the respondent signed a waiver of his right to have
the complaint against him reviewed by the Committee. The
respondent consented to the chair of the Committee directing
the relator to file formal charges with the Nebraska Supreme
Court, consistent with the complaint filed with the Committee,
pursuant to Neb. Ct. R. § 3-309(H)(4) (rev. 2011). On January
25, 2024, the chair of the Committee accepted the respondent’s
waiver and directed the relator to file formal charges against
the respondent.
On January 25, 2024, the relator filed formal charges against
the respondent. The formal charges allege that by his actions,
the respondent violated his oath of office as an attorney
licensed to practice law in the State of Nebraska, as provided
by Neb. Rev. Stat. § 7-104 (Reissue 2022), and violated
Neb. Ct. R. of Prof. Cond. § 3-508.4(a) and (b) (rev. 2016)
(misconduct).
On March 1, 2024, the respondent filed a voluntary sur-
render of his license to practice law. The respondent states
that, for purposes of this voluntary surrender, he freely and
voluntarily consents to the entry of an order of disbarment
and waives his right to notice, appearance, or hearing prior to
the entry of disbarment.
ANALYSIS
Neb. Ct. R. § 3-315 of the disciplinary rules provides in
pertinent part:

- 445 -
Nebraska Supreme Court Advance Sheets
316 Nebraska Reports
STATE EX REL. COUNSEL FOR DIS. v. GAGE
Cite as 316 Neb. 443
(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 connection
therewith.
Pursuant to § 3-315 of the disciplinary rules, we find that the
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, the respondent has
waived all proceedings against him in connection therewith.
We further find that the respondent has consented to the entry
of an order of disbarment.
CONCLUSION
Upon due consideration, the court accepts the respondent’s
voluntary surrender of his license to practice law, finds that
the respondent should be disbarred, and hereby orders him
disbarred from the practice of law in the State of Nebraska,
effective immediately.
The respondent shall forthwith comply with all terms of
Neb. Ct. R. § 3-316 (rev. 2014) of the disciplinary rules, and
upon failure to do so, he shall be subject to punishment for
contempt of this court. Accordingly, the respondent is directed
to pay costs and expenses in accordance with Neb. Rev. Stat.
§§ 7-114 and 7-115 (Reissue 2022) and Neb. Ct. R. §§ 3-310(P)
(rev. 2023) 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.