State ex rel. Counsel for Dis. v. Davis

STATE EX REL. COUNSEL FOR DIS. v. DAVIS 	241
Cite as 285 Neb. 241
waiting-time penalty, attorney fees, and interest pursuant to
§ 48-125. We therefore affirm the judgment of the compensa-
tion court.
A ffirmed.
miller-lermAn, J., participating on briefs.
StAte of nebrASkA ex rel. C ounSel for diSCipline
of the nebrASkA Supreme C ourt, relAtor,
v. A drienne S. dAviS, reSpondent.
827 N.W.2d 465
Filed February 22, 2013. 	No. S-07-640.
Original action. Judgment of disbarment.
heAviCAn, C.J., Wright, C onnolly, StephAn, 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, Adrienne S. Davis, on January 8,
2013. The court accepts respondent’s voluntary surrender of
her license and enters an order of disbarment.
STATEMENT OF FACTS
Respondent was admitted to the practice of law in the State
of Nebraska on August 9, 2001. On July 18, 2008, respondent
was suspended from the practice of law. On December 16,
2009, respondent was reinstated to the active practice of law
and placed on a 2-year probation. During the term of probation,
respondent violated the terms of her probation, and on August
31, 2012, her reinstatement was revoked by the Nebraska
Supreme Court and she was again suspended from the practice
of law.
On January 8, 2013, respondent filed a voluntary surren-
der in which she admitted that since the spring of 2012, she
has engaged in behaviors that would violate the terms of her
probation and the Nebraska Rules of Professional Conduct.
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
11/01/2026 04:39 AM CST

242 	285 NEBRASKA REPORTS
Respondent further stated that she is aware that the Counsel for
Discipline of the Nebraska Supreme Court is currently inves-
tigating her conduct. Respondent further stated that she does
not challenge or contest the truth of the allegations being made
against her. She further stated that she freely, knowingly, and
voluntarily waived her right to notice, appearance, or hearing
prior to the entry of an order of disbarment 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 her license to practice
law and knowingly does not challenge or contest the truth
of the allegations made against her. Further, respondent has
waived all proceedings against her 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 she freely, know-
ingly, and voluntarily admits that she does not contest the
allegations being made against her. The court accepts respond-
ent’s voluntary surrender of her license to practice law, finds
that respondent should be disbarred, and hereby orders her
disbarred from the practice of law in the State of Nebraska,
effective immediately. Respondent shall forthwith comply with

STATE v. LANDERA 	243
Cite as 285 Neb. 243
all terms of Neb. Ct. R. § 3-316 of the disciplinary rules,
and upon failure to do so, she 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) 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, Appellee, v.
A ngel r. lAnderA, AppellAnt.
826 N.W.2d 570
Filed February 22, 2013. 	No. S-11-940.
1. Judgments: Appeal and Error. When issues on appeal present questions of law,
an appellate court has an obligation to reach an independent conclusion irrespec-
tive of the decision of the court below.
2. Courts: Plea Bargains. In Nebraska, a court is never bound by the plea agree-
ment made between a defendant and the government.
3. Plea Bargains. A party to a plea agreement should not be given the benefit of
implied terms when the party failed to negotiate such terms.
4. Courts: Contracts. Courts are not to rewrite contracts to include what the parties
did not.
5. Courts: Plea Bargains. Courts implementing plea agreements should enforce
only those terms and conditions actually agreed upon by the parties.
6. Plea Bargains: Sentences. A sentencing recommendation need not be enthusias-
tic in order to fulfill a promise made in a plea agreement.
Petition for further review from the Court of Appeals, inbody,
Chief Judge, and moore and pirtle, Judges, on appeal thereto
from the District Court for Platte County, robert r. Steinke,
Judge. Judgment of Court of Appeals affirmed.
Nathan J. Sohriakoff, Deputy Platte County Public Defender,
for appellant.
Jon Bruning, Attorney General, and Erin E. Tangeman for
appellee.