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Nebraska Supreme Court Advance Sheets

297 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. HOCH

Cite as 297 Neb. 500

State of Nebraska ex rel. Counsel for Discipline

of the Nebraska Supreme Court, relator, 

v. Richard H. Hoch, respondent.

___ N.W.2d ___

Filed August 11, 2017. No. S-17-588.

Original action. Judgment of disbarment.

Heavican, C.J., Wright, Miller-Lerman, Cassel, and 

Stacy, JJ.

Per Curiam.

INTRODUCTION

This case is before the court on the voluntary surrender of 

license filed by respondent, Richard H. Hoch, on June 5, 2017. 

The court accepts respondent’s voluntary surrender of his 

license and enters a judgment of disbarment.

STATEMENT OF FACTS

Respondent was admitted to the practice of law in the State 

of Nebraska on July 2, 1964. On March 3, 2016, respondent 

filed a voluntary surrender of license to practice law, in which 

he stated that on August 13, 2016, he received notice from the 

Counsel for Discipline of an overdraft on his trust account. 

He admits that he misapplied client funds being held in his 

trust account and used them to cover office expenses, in violation of Neb. Ct. R. of Prof. Cond. § 3-501.15. Respondent 

stated that he freely, knowingly, and voluntarily chooses 

not to contest the truth of the suggested allegations made 

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08/25/2017 12:11 AM CDT
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Nebraska Supreme Court Advance Sheets

297 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. HOCH

Cite as 297 Neb. 500

against him. He also stated that he freely, knowingly, and voluntarily surrenders his privilege to practice law in the State of 

Nebraska; waives his right to notice, appearance, or hearing 

prior to the entry of an order of disbarment; and consents to 

the entry of an immediate order 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 

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 

respondent has voluntarily surrendered his license to practice 

law and knowingly does not challenge or contest the truth of 

the suggested allegations made against him. Further, respondent has waived all proceedings against him in connection 

therewith. We further find that respondent has consented to 

the entry of an order of disbarment.

CONCLUSION

Upon due consideration of the court file in this matter, the 

court finds that respondent has stated that he freely, knowingly, and voluntarily admits that he does not contest the suggested allegations being made against him. The court accepts 

respondent’s voluntary surrender of his license to practice 

law, finds that respondent should be disbarred, and hereby 

orders him disbarred from the practice of law in the State of 
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Nebraska Supreme Court Advance Sheets

297 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. HOCH

Cite as 297 Neb. 500

Nebraska, effective immediately. 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, 

respondent is directed to pay costs and expenses in accordance 

with Neb. Rev. Stat. §§ 7-114 and 7-115 (Reissue 2012) and 

Neb. Ct. R. §§ 3-310(P) (rev. 2014) 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.

Kelch and Funke, JJ., not participating.