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Nebraska Supreme Court Advance S

300 Nebraska Report

STATE EX REL. COUNSEL FOR DIS. v. HALSTEAD

Cite as 300 Neb. 69

State of Nebraska ex rel. Counsel for Disci

of the Nebraska Supreme Court, relator,

v. Rodney A. Halstead, respo

___ N.W.2d ___

Filed May 25, 2018. No. S-17-530.

Original action. Judgment of disbarment.

Heavican, C.J., Miller-Lerman, Cassel, St

Funke, J

Per Curiam

INTRODUCTION

This case is before the court on the voluntary surrender 

of license filed by the respondent, Rodney A. Halstead, on 

February 15, 2018. The court accepts the respondent’s voluntary surrender of his license and enters a judgment of 

disbarment.

STATEMENT OF FACTS

The respondent was admitted to the practice of law in the 

State of Nebraska on September 25, 1991. On November 3, 

2017, we suspended the respondent’s license to practice law in 

the State of Nebraska for 1 year. State ex rel. Counsel for Dis. 

v. Halstead, 298 Neb. 149, 902 N.W.2d 701 (2017).

On February 15, 2018, the respondent filed a voluntary 

surrender of license to practice law, in which he stated that 

on May 23, 2017, formal charges were filed against him by 

the Counsel for Discipline alleging that he had a conflict of 

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08/03/2018 09:09 AM CDT
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Nebraska Supreme Court Advance S

300 Nebraska Report

STATE EX REL. COUNSEL FOR DIS. v. HALSTEAD

Cite as 300 Neb. 69

interest with multiple clients when he entered into a business relationship with them without proper protections for 

the clients, that he converted client funds before completing any work for a client, and that he failed to refund the 

unearned portion of the client funds when his representation 

was terminated.

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 the 

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, the 

respondent has waived all proceedings against him in connection therewith. We further find that the 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 the respondent has stated that he freely, 

knowingly, and voluntarily admits that he does not contest 

the allegations being made against him. The court accepts 

the respondent’s voluntary surrender of his license to practice law, finds that the respondent should be disbarred, and 

hereby orders him disbarred from the practice of law in the 
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Nebraska Supreme Court Advance S

300 Nebraska Report

STATE EX REL. COUNSEL FOR DIS. v. HALSTEAD

Cite as 300 Neb. 69

State of Nebraska, effective immediately. The 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, the 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 disbarmen

Wright, J., not participating.