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Nebraska Supreme Court Advance Sheets

306 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. VERNON

Cite as 306 Neb. 542

State of Nebraska ex rel. Counsel for Discipline 

of the Nebraska Supreme Court, relator, 

v. Courtney J. Vernon, respondent.

___ N.W.2d ___

Filed July 17, 2020. No. S-20-213.

Original action. Judgment of suspension.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, 

Papik, and Freudenberg, JJ.

Per Curiam.

INTRODUCTION

The State Bar of Arizona entered a “Final Judgment and 

Order” regarding the respondent, Courtney J. Vernon, on 

February 7, 2020. The Counsel for Discipline of the Nebraska 

Supreme Court, the relator, filed a motion for reciprocal discipline against the respondent. We grant the motion for reciprocal discipline and impose a suspension of 6 months and 1 day.

FACTS

The respondent was admitted to the practice of law in the 

State of Nebraska on December 7, 2010, and has also been 

admitted to the practice of law in Arizona. She is currently an 

inactive member of the Nebraska State Bar Association and 

an active member of the State Bar of Arizona.

On February 7, 2020, the State Bar of Arizona issued an 

order entered on the consent of the parties that found that 

the respondent violated the Arizona Rules of Professional 

Nebraska Supreme Court Online Library

www.nebraska.gov/apps-courts-epub/

09/04/2020 02:28 AM CDT
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Nebraska Supreme Court Advance Sheets

306 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. VERNON

Cite as 306 Neb. 542

Conduct. The order suspended the respondent from the practice of law for 6 months and 1 day, effective March 9, 2020, to 

be followed by 2 years of monitored probation. The respond

ent conditionally admitted that she violated “Rule 41(g), Ariz. 

R. Sup. Ct. (Duties and Obligations: members shall avoid 

engaging in unprofessional conduct and to advance no fact 

prejudicial to the honor or reputation of a party or a witness unless required by the duties to a client or the tribunal)” 

and “Rule 42, ER 8.4(b) (It is professional misconduct for 

a lawyer to commit a criminal act that reflects adversely on 

the lawyer’s honesty, trustworthiness or fitness as a lawyer in 

other respects)” when she was arrested on four separate occasions for conduct while intoxicated.

On March 12, 2020, the relator filed a motion for reciprocal discipline pursuant to Neb. Ct. R. § 3-321 of the discipli

nary rules. The motion stated that the above-cited “Arizona 

Supreme Court Rule 41(g) and Rules of Professional Conduct 

8.4(b)” are in sum and substance the equivalent of Neb. Rev. 

Stat. § 7-104 (Reissue 2012) and Neb. Ct. R. of Prof. Cond. 

§ 3-508.4(b) and (d) (rev. 2016).

On March 17, 2020, this court filed an order to show cause 

as to why it should not impose reciprocal discipline. On 

March 19, the relator filed a response that requested reciprocal 

discipline of a period of suspension without specification. On 

April 3, the respondent filed a response in which she requested 

that this court grant her a 3-month suspension or, in the event 

that this court agrees with the discipline imposed in Arizona, 

that the suspension and probation run concurrently to discipline imposed in Arizona.

ANALYSIS

The basic issues in a disciplinary proceeding against an 

attorney are whether discipline should be imposed and, if so, 

the type of discipline appropriate under the circumstances. 

State ex rel. Counsel for Dis. v. Murphy, 283 Neb. 982, 814 

N.W.2d 107 (2012). In a reciprocal discipline proceeding, a 
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306 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. VERNON

Cite as 306 Neb. 542

judicial determination of attorney misconduct in one jurisdiction is generally conclusive proof of guilt and is not subject to 

relitigation in the second jurisdiction. Id. Neb. Ct. R. § 3-304 

of the disciplinary rules provides that the following may be 

considered as discipline for attorney misconduct:

(A) Misconduct shall be grounds for:

(1) Disbarment by the Court; or

(2) Suspension by the Court; or

(3) Probation by the Court in lieu of or subsequent to 

suspension, on such terms as the Court may designate; or

(4) Censure and reprimand by the Court; or

(5) Temporary suspension by the Court; or

(6) Private reprimand by the Committee on Inquiry or 

Disciplinary Review Board.

(B) The Court may, in its discretion, impose one or 

more of the disciplinary sanctions set forth above.

Section 3-321 of the disciplinary rules provides in part:

(A) Upon being disciplined in another jurisdiction, a 

member shall promptly inform the Counsel for Discipline 

of the discipline imposed. Upon receipt by the Court of 

appropriate notice that a member has been disciplined in 

another jurisdiction, the Court may enter an order imposing the identical discipline, or greater or lesser discipline 

as the Court deems appropriate, or, in its discretion, suspend the member pending the imposition of final discipline in such other jurisdiction.

In imposing attorney discipline, we evaluate each case in light 

of its particular facts and circumstances. State ex rel. Counsel 

for Dis. v. Murphy, supra.

Upon due consideration of the record, and the facts as 

determined by the State Bar of Arizona, we determine that 

suspension is appropriate. Therefore, we grant the motion for 

reciprocal discipline and impose a suspension of 6 months and 

1 day to have commenced on May 1, 2020. We note that the 

State Bar of Arizona is monitoring the respondent by requiring 
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306 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. VERNON

Cite as 306 Neb. 542

probation for 2 years following her Arizona suspension, and 

we decline to impose probationary terms.

CONCLUSION

The motion for reciprocal discipline is granted. The respond

ent is suspended from the practice of law for 6 months and 1 

day to be served starting on May 1, 2020. The respondent 

shall comply with all notification requirements by suspended 

members provided by Neb. Ct. R. § 3-316 (rev. 2014), and 

upon failure to do so, shall be subject to punishment for contempt of this court. 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. 2019) 

and 3-323(B) of the disciplinary rules within 60 days after 

an order imposing costs and expenses, if any, is entered by 

the court.

Judgment of suspension.