State ex rel. Counsel for Dis. v. Johnson

State ex rel . C ounSel for D iSCipline of the
nebraSka Supreme C ourt, relator , v.
DaviD a. JohnSon, reSponDent.
764 N.W.2d 415
Filed May 1, 2009. 	No. S-09-296.
Original action. Judgment of disbarment.
heaviCan, 	C.J., 	Wright, 	C onnolly, 	gerrarD, 	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, David A. Johnson. 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 January 28, 1974.
Respondent is currently under investigation by the Counsel
for Discipline of the Nebraska Supreme Court as a result
of his conviction in the district court for Denver County,
Colorado, in the case of “State of Colorado v. David A. Johnson,
08-CR-000894.” On August 21, 2008, pursuant to a plea agree-
ment with the State of Colorado, respondent was found guilty
of violating Colo. Rev. Stat. Ann. § 18-4-401(1) and (2)(c)
(West Cum. Supp. 2008) (theft in excess of $1,000 but less
than $20,000) and Colo. Rev. Stat. Ann. § 39-21-118(1) and (3)
(West 2007) (tax evasion and failure to file tax report).
On March 19, 2009, respondent filed with this court a
voluntary surrender of license, voluntarily surrendering his
license to practice law in the State of Nebraska. In his vol-
untary surrender of license, 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. JOhNSON 	707
Cite as 277 Neb. 707
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
11/01/2026 04:52 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.
Pursuant to § 3-315, 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 voluntarily stated he know-
ingly does not challenge or contest the truth of the allegations
against him that he was found guilty of theft, tax evasion,
and failure to file a tax report. 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 imme-
diately. Respondent shall forthwith comply with all terms of
Neb. Ct. R. § 3-316, 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 accord-
ance 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.
708 	277 NEbRASkA REPORTS