Neb. Sup. Ct. R., ch. 3, art. 3, Definitions
The following definitions shall apply wherever used in these rules:
ASSOCIATION The Nebraska State Bar Association.
ATTORNEY A person duly admitted to the practice of law in the State of Nebraska by the Court, under the laws of the State of Nebraska, and who is by his or her oath required to abide by its laws, including the laws of its subdivisions and the Nebraska Rules of Professional Conduct. Amended July 13, 2005, effective September 1, 2005.
CLERK The Clerk of the Supreme Court and Court of Appeals of the State of Nebraska.
COMPLAINANT Any person who makes a Grievance.
COMPLAINT A written statement prepared by the Counsel for Discipline as a result of an investigation of a Grievance and filed with the appropriate Committee on Inquiry.
CONDITIONAL ADMISSION OF GUILT A process whereby a member charged can conditionally admit his or her guilt pending final approval by the Court.
COUNSEL FOR DISCIPLINE The person employed by the Nebraska Supreme Court to fulfill the duties and responsibilities set out in these rules, and it shall include that person's staff to whom he or she shall have the power to delegate the authority to make the required investigations and such other duties as he or she may assign to the staff. It shall also include the person appointed by the Court to serve as special prosecutor in a disciplinary case. Amended December 13, 1995.
COURT The Supreme Court of the State of Nebraska.
DISABILITY INACTIVE STATUS Suspension from the practice of law due to a disability or substance abuse problem.
EXECUTIVE COUNCIL The Executive Council of the Nebraska State Bar Association.
FORMAL CHARGE A written statement prepared by the Counsel for Discipline at the direction of the Committee on Inquiry or the Disciplinary Review Board.
GRIEVANCE Any written statement made by any person alleging conduct on the part of a member which appears, in the judgment of the Counsel for Discipline, to have merit, and, if true, would constitute a violation of the member's oath, the Nebraska Rules of Professional Conduct, or these rules; allegations of misconduct not appearing in the judgment of the Counsel for Discipline to have merit are not deemed a Grievance under these rules.
Amended February 28, 2001; amended July 13, 2005, effective September 1, 2005.
INQUIRY A review of the investigative file of the Counsel for Discipline by a Committee on Inquiry Panel subsequent to the filing of a Complaint. An Inquiry is not a hearing and witnesses shall not be called and evidence shall not be introduced. At the request of the Inquiry Panel, the Counsel for Discipline may appear and participate in the proceeding.
MEMBER A member of the Nebraska State Bar Association of any class of membership.
OATH The oath of office taken by an attorney or member at the time of his or her admission to practice as provided by Neb. Rev. Stat. § 7-104, or as the same may be hereafter amended.
PRIVATE REPRIMAND A reprimand of a member by the Committee on Inquiry of the appropriate Judicial District or the Disciplinary Review Board which shall be in writing, signed by the Chairperson and Vice Chairperson, and directed to the member by United States certified mail, return receipt requested, but shall not be made public.
RELATOR The Counsel for Discipline of the Nebraska Supreme Court.
RESPONDENT A member charged with a violation of his or her oath, or the Nebraska Rules of Professional Conduct, or these rules.
Amended July 13, 2005, effective September 1, 2005.
RULES These rules as adopted by the Court or as the same may be hereafter amended.
RULES OF PROFESSIONAL CONDUCT The Nebraska Rules of Professional Conduct as adopted by the Court, together with such amendments thereto as may from time to time be approved by the Court.
Adopted July 13, 2005, effective September 1, 2005.
SERIOUS CRIME Any felony or any lesser crime that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer.
Neb. Sup. Ct. R., ch. 3, art. 3, Definitions