State ex rel. Counsel for Dis. v. Stephenson

STATE EX REL. COUNSEL FOR DIS. v. STEPHENSON 	27
Cite as 286 Neb. 27
State of NebraSka ex rel. C ouNSel for D iSCipliNe
of the NebraSka Supreme C ourt, relator,
v. keviN k. StepheNSoN, reSpoNDeNt.
834 N.W.2d 235
Filed May 31, 2013. 	No. S-13-323.
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, Kevin K. Stephenson, on April 16,
2013. The court accepts respondent’s voluntary 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 October 27, 2006. On February 13, 2013, after
a 2-day jury trial before the district court for Greeley County,
Kansas, the jury found respondent guilty of two counts of theft
arising out of respondent’s representation of an estate. See
State v. Stephenson, Greeley County District Court, case No.
2011 CR 28. On May 3, the district court for Greeley County
filed its journal entry of sentencing, which was modified by its
nunc pro tunc order filed on May 15. Respondent’s sentence
began April 30, and he was sentenced to 16 months’ impris-
onment with 4 days’ credit for time served and 24 months’
postrelease supervision. Respondent was also ordered to pay
restitution of $117,408.68 to the estate. After his convic-
tions, respondent self-reported this matter to the Counsel for
Discipline of the Nebraska Supreme Court.
On April 16, 2013, respondent filed a voluntary surren-
der in which he stated that he is aware that the Counsel for
Discipline is currently investigating the events surrounding
his convictions in Kansas. Respondent further stated that
he does not contest the truth of the suggested allegations
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
11/01/2026 04:37 AM CST

28 	286 NEBRASKA REPORTS
being made against him. Respondent further stated that he
freely, knowingly, and voluntarily waived his right to notice,
appearance, or hearing prior to the entry of an order of dis-
barment 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 his license to practice
law and knowingly does not challenge or contest the truth of
the suggested allegations made against him. Further, respond-
ent 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 stated that he freely, know-
ingly, and voluntarily admits that he does not contest the
suggested allegations being made against him. The court
accepts respondent’s voluntary 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 disciplinary rules, and upon failure to do so, he shall be
subject to punishment for contempt of this court. Accordingly,

STATE EX REL. COUNSEL FOR DIS. v. STEPHENSON 	29
Cite as 286 Neb. 27
respondent is directed to pay costs and expenses in accord-
ance with Neb. Rev. Stat. §§ 7-114 and 7-115 (Reissue
2012) and Neb. Ct. R. §§ 3-310(P) and 3-323 of the discipli-
nary rules within 60 days after an order imposing costs and
expenses, if any, is entered by the court.
JuDgmeNt of DiSbarmeNt.