S-17-0111 State of Nebraska ex rel. Counsel for Discipline of the Nebraska Supreme Court v. John C. Nimmer (Respondent)
Original Action
Attorneys: William F. Austin (Blake|Austin Law Firm, LLP) (Relator) --- John C. Nimmer
Civil: Attorney Discipline Matter
Proceedings below: Following an evidentiary hearing, the Referee filed a report and recommendation that Respondent’s license be suspended for one year and for probation.
Issues: The Referee erred in 1) overruling on October 13, 2017 Respondent’s August 31, 2017 Motion to Quash and Exclude Evidence, 2) admitting at the December 4, 2017 final hearing Special Prosecutor’s Exhibit 7, 3) allowing at the December 4, 2017 hearing inquiry into and testimony about pre-2011 financial transactions, 4) sustaining in the Referee’s February 13, 2018 Report as hearsay the Special Prosecutor’s December 4, 2017 objection to the Respondent’s testimony as to the Counsel for Discipline Mark Weber’s public statements made during a continuing legal education event during the NSBA December 2016 annual meeting, 5) finding in the Referee’s February 13, 2018 Report that 3-501.15 limits the means by which an attorney may withdraw funds that have become his from a trust account, prohibits non-representation related funds an attorney holds as a fiduciary from being kept in a trust account, and provides a time period in which fees which have become earned must be withdrawn from an attorney trust account, 6) finding by clear and convincing evidence the Respondent violated Neb. Ct. Rules 3-501.15 and 3-508.4, and his Sec. 7-104 Neb. Rev. Stat. oath of office, 7) misapplying in his February 13, 2018 Report the six disciplinary factors, and consequently recommending one year suspension and probation, 8) overruling on May 4, 2017 Respondent’s February 23, 2017 Motion to Dismiss for Lack of Subject Matter Jurisdiction, and 9) overruling on August 24, 2017 Respondent’s May 31, 2017 Motion to Dismiss.