State ex rel. Counsel for Dis. v. Ginsburg

State of NebraSka ex rel . C ouNSel for D iSCipliNe of
the NebraSka Supreme C ourt, relator , v.
William t. G iNSburG, reSpoNDeNt.
763 N.W.2d 378
Filed March 27, 2009. 	No. S-08-1294.
Original action. Judgment of disbarment.
heaviCaN, 	C.J., 	WriGht, 	C oNNolly, 	G errarD, 	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, William T. Ginsburg. 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 June 25, 1973. On December 11, 2008,
the chairperson of the Committee on Inquiry of the Second
Disciplinary District filed an application for the temporary sus-
pension of respondent from the practice of law. The application
stated that in 2005, 2006, and 2007, respondent represented
James R. Sleeter in a dissolution of marriage action, and that
sometime in 2007, respondent received Sleeter’s net proceeds
from the sale of real estate property. The application stated that
respondent used some or all of these assets for his own pur-
poses without Sleeter’s knowledge.
The application stated that Sleeter died in 2008 and that his
daughter, Diana Schuman, hired respondent to initiate estate
proceedings. The application further stated that at the time of
his death, Sleeter owed state and federal income taxes and real
estate taxes. Respondent had prepared checks to pay various
expenses but respondent had not sent the checks to the respec-
tive payees, because respondent had insufficient funds in his
trust account. The application stated that on October 1, 2008,
respondent admitted to Schuman’s successor attorney that he
did not have Sleeter’s funds available, but indicated that he
474 	277 NEbRASkA REpORTS
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would make restitution. The application stated that on October
28, respondent issued a trust account check to the law firm
representing Schuman in the amount of $42,500, and repre-
sented that it was the equivalent of principal and interest on
Schuman’s funds.
On December 17, 2008, this court entered an order direct-
ing respondent to show cause by December 29 why his
license should not be temporarily suspended. Respondent filed
a motion to extend the show cause deadline, which this
court granted.
On January 21, 2009, respondent filed with this court a vol-
untary surrender of license, voluntarily surrendering his license
to practice law in the State of Nebraska. In his voluntary sur-
render of license, respondent does not challenge or contest
the truth of the allegations in the application for temporary
suspension. 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.
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 in the application for temporary suspension. Further,
respondent has waived all proceedings against him in connec-
tion therewith. We further find that respondent has consented to
the entry of an order of disbarment.
STATE Ex REL. COUNSEL FOR DIS. v. GINSbURG 	475
Cite as 277 Neb. 474

CONCLUSION
Upon due consideration of the court file in this matter, the
court finds that respondent voluntarily has stated that he know-
ingly does not challenge or contest the truth of the allegations
in the application for temporary suspension, that he failed to
maintain his client’s funds, and that to the contrary, he used
the funds for his own purposes. 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 immedi-
ately. With the exception of a sworn statement under oath that
respondent has complied with Neb. Ct. R. § 3-316(3), respon-
dent has complied with the terms of § 3-316. Accordingly,
respondent is directed to comply with all the terms of § 3-316
and 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 within 60 days after an order imposing
costs and expenses, if any, is entered by the court.
JuDGmeNt of DiSbarmeNt.
476 	277 NEbRASkA REpORTS