QUESTION
A District Court found that a Nebraska attorney willfully refused to timely pay a support order. The conduct of the attorney:
A. Constitutes a violation of the Rules of Professional Conduct.
B. Does not constitute a violation of the Rules of Professional Conduct.
C. Is not directly related to the practice of law and therefore is not subject to the imposition of a disciplinary sanction.
D. May be grounds for a temporary suspension from the practice of law.
ANSWER
Both A and D are correct answers. Nebraska Court Rule of Professional Conduct §3-508.4(g) states that it is professional misconduct for a lawyer to “willfully refuse, as determined by a court of competent jurisdiction, to timely pay a support order, as such order is defined by Nebraska law.” Nebraska Court Rule §3-312(A) provides:
“(A) Upon a Grievance that a member is engaging in conduct that, if allowed to continue until final disposition of disciplinary proceedings, will cause serious damage to the public and members, or upon certification or notice that a member is delinquent on or is failing to pay a court-ordered obligation under a support order, or when a member has been convicted of a serious crime, the appropriate Committee on Inquiry with the assistance of the Counsel for Discipline may prepare and submit to the Court an application for the temporary suspension of the member from the practice of law until final disposition of any pending disciplinary proceedings. Such application shall be signed by the Chairperson of the Committee and shall set forth grounds clearly indicating that a temporary suspension of the member is necessary and proper.”
Prepared by the Counsel for Discipline of the Nebraska Supreme Court. If you have a question about your ethical responsibilities, contact the Office of the Counsel for Discipline at 402-471-1040 or 877-504-0967.