State ex rel. Counsel for Dis. v. Howell

this opinion. Should respondent apply for reinstatement, his
reinstatement shall be conditioned upon respondent’s being
on probation for a period of 2 years following reinstate-
ment, subject to the terms agreed to by respondent in the
conditional admission and outlined above. Respondent shall
comply with Neb. Ct. R. § 3-316, and upon failure to do so,
he shall be subject to punishment for contempt of this court.
Respondent is also directed 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(B) within 60
days after the order imposing costs and expenses, if any, is
entered by the court.
Judgment of suspension.
State ex Rel. CouNSel foR diS. v. howell 	625
Cite as 280 Neb. 625
state of nebraska ex rel . C ounsel for disCipline
of the nebraska supreme C ourt, relator , v.
W. C raig hoWell , respondent.
788 N.w.2d 559
filed September 17, 2010. 	No. S-10-627.
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, w. Craig howell. 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.
Respondent is currently under investigation by the office
of the Counsel for discipline of the Nebraska Supreme Court
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
11/01/2026 04:47 AM CST

based on a grievance filed by respondent’s former law part-
ner. in the grievance, the former partner alleged that respond-
ent mishandled the partnership’s finances in a variety of
ways, including mishandling funds held in the partnership’s
trust account. Respondent’s former partner also alleged that
respondent took steps to cover up any wrongdoing with
respect to the alleged mishandling of the law partnership’s
trust account.
on June 25, 2010, the Counsel for discipline filed with
this court a motion to accept respondent’s voluntary surrender.
attached to the motion is a notarized document signed by
respondent surrendering his license to practice law in the State
of Nebraska. also attached to the motion is the grievance filed
by respondent’s former law partner. in respondent’s document,
respondent does not challenge or contest the truth of the allega-
tions made against him. in addition to surrendering his license,
respondent consents to the entry of an order of disbarment and
waives his right to notice, appearance, and hearing prior to the
entry of the 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 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.
626 	280 NeBRaSka RePoRtS

CoNCluSioN
upon due consideration of the court file in this matter, the
court finds that respondent has stated that he knowingly does
not challenge or contest the truth of the allegations against
him that he mishandled funds held in his law firm’s trust
account and that he took steps to conceal his actions. 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 immediately. Respondent shall forthwith
comply with all terms of Neb. Ct. R. § 3-316 of the discipli-
nary rules, and upon failure to do so, he shall be subject to
punishment for contempt of this court. accordingly, respond-
ent is directed 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 of the disciplinary rules within
60 days after an order imposing costs and expenses, if any, is
entered by this court.
Judgement of disbarment.
State ex Rel. CouNSel foR diS. v. howell 	627
Cite as 280 Neb. 625