State ex rel. Counsel for Dis. v. Lawler

318 Neb. 856Neb

Testo completo

- 856 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE EX REL. COUNSEL FOR DIS. v. LAWLER
Cite as 318 Neb. 856
State of Nebraska ex rel. Counsel for Discipline
of the Nebraska Supreme Court, relator,
v. Jonathan M. Lawler, respondent.
___ N.W.3d ___
Filed April 24, 2025. 	No. S-25-174.
Original action. Judgment of disbarment.
Funke, 	C.J., 	Miller-Lerman, 	Cassel, 	Stacy, 	Papik,
Freudenberg, and Bergevin, JJ.
Per Curiam.
INTRODUCTION
This case is before the court on the voluntary surrender
of license filed by the respondent, Jonathan M. Lawler, on
March 7, 2025. The court accepts the respondent’s voluntary
surrender of his license to practice law and enters a judgment
of disbarment.
STATEMENT OF FACTS
The respondent was admitted to the practice of law in the
State of Nebraska on September 29, 2017. On March 7, 2025,
the respondent filed a voluntary surrender of his license to
practice law. The voluntary surrender states that on or about
February 25, 2022, in the Fremont County, Iowa, district court,
the respondent was convicted and found guilty in “Case No.
FECR 8628” of first offense operating a motor vehicle while
intoxicated for which crime he successfully completed a sus-
pended sentence probationary rehabilitative program.
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
10/14/2026 08:09 AM CDT
- 857 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE EX REL. COUNSEL FOR DIS. v. LAWLER
Cite as 318 Neb. 856
On June 13, 2022, pursuant to Neb. Ct. R. § 3-401.11(D),
the respondent was administratively suspended from the prac-
tice of law in the State of Nebraska for failure to complete
mandatory continuing legal education requirements for 2021
and for nonpayment of his mandatory membership assessment
for 2022, see Neb. Ct. R. § 3-803(E)(1) (rev. 2022). While
his license to practice law was administratively suspended,
the respondent filed documents with the district court and
appeared as counsel in the county court.
On May 23, 2024, in the district court for Douglas County,
the respondent was convicted and found guilty of possession
of a controlled substance, specifically dimethyltryptamine, in
violation of Neb. Rev. Stat. § 28-416(1) (Cum. Supp. 2024).
On July 29, the district court sentenced the respondent to pro-
bation for a period of 2 years. On or about July 1, in the county
court for Douglas County, the respondent was convicted and
found guilty in “CR# 24-5520” of disorderly conduct, a Class I
misdemeanor. The respondent’s probation was revoked by the
district court on October 10.
For purposes of voluntarily surrendering his law license,
the respondent does not challenge or contest that he violated
his oath of office as an attorney licensed to practice law in
the State of Nebraska, as provided by Neb. Rev. Stat. § 7-104
(Reissue 2022), and engaged in misconduct in violation of the
following provisions of Neb. Ct. R. of Prof. Cond. § 3-508.4(a),
(b), and (c).
The respondent states that, for purposes of this voluntary
surrender, he freely and voluntarily consents to the entry of an
order of disbarment and waives his right to notice, hearing, or
appearance prior to the entry 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
- 858 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE EX REL. COUNSEL FOR DIS. v. LAWLER
Cite as 318 Neb. 856
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 connection
therewith.
Pursuant to § 3-315 of the disciplinary rules, we find that the
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, the respondent has
waived all proceedings against him in connection therewith.
We further find that the respondent has consented to the entry
of an order of disbarment.
CONCLUSION
Upon due consideration, the court accepts the respondent’s
voluntary surrender of his license to practice law, finds that
the respondent should be disbarred, and hereby orders him
disbarred from the practice of law in the State of Nebraska,
effective immediately.
The respondent shall forthwith comply with all terms of
Neb. Ct. R. § 3-316 (rev. 2014) of the disciplinary rules, and
upon failure to do so, he shall be subject to punishment for
contempt of this court. Accordingly, the respondent is directed
to pay costs and expenses in accordance with Neb. Rev. Stat.
§§ 7-114 and 7-115 (Reissue 2022) and Neb. Ct. R. §§ 3-310(P)
(rev. 2023) 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.

Continua la tua ricerca in ChatGPT o Claude

Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.