State ex rel. Counsel for Discipline v. Gast

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State ex rel. Counsel for Discipline v. Gast

Case Number
Call Date
March 3, 2017
Court Number
Case Summary

S-15-0800, State of Nebraska ex rel. Counsel for Discipline of the Nebraska Supreme Court v. William E. Gast

Original Proceeding

Attorneys: Kent L. Frobish (Assistant Counsel for Discipline) --- no brief filed on behalf of Respondent Gast

Civil: Attorney Discipline Matter

Proceedings below: After a disciplinary hearing before a referee, the referee filed a Report and Recommendation. The Report and Recommendation found that Gast violated certain provisions of the Nebraska Rules of Professional Conduct and recommended a 30 day license suspension and probation for 2 years upon reinstatement. The Relator, Counsel for Discipline, filed exceptions to the Referee's Report and Recommendation.

Issues: 1. Relator contends that there was clear and convincing evidence that respondent violated

' 3-508.2(a), by sending Exhibit 2 to Judge Bataillon and others in which respondent alleged that

Judge Bataillon and Mr. Craig had engaged in a years' long cover up of a personal relationship between them. 2. Relator takes exception to the Referee's ruling that respondent had withdrawn his admission that he violated ' 3-503.5(a)(1) by sending Exhibit 3. Relator also takes exception to the Referee's ruling that by writing and sending Exhibit 3, respondent did not seek to influence Judge Bataillon by means prohibited by law in violation of ' 3-503.5(a)(1). 3. Relator takes exception to the Referee's recommended sanction of a 30-day suspension of respondent's license followed by a 2-year term of probation. Relator asserts that a suspension of respondent's license for 90 days is the appropriate sanction. Relator agrees that upon reinstatement respondent should be placed on probation for 2 years as recommended by the Referee.