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Nebraska Supreme Court Advance Sheets

299 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. FELLER

Cite as 299 Neb. 461

State of Nebraska ex rel. Counsel for Discipline

of the Nebraska Supreme Court, relator, 

v. John D. Feller, respondent.

___ N.W.2d ___

Filed March 23, 2018. No. S-17-1291.

Original action. Judgment of disbarment.

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

Funke, JJ.

Per Curiam.

INTRODUCTION

This case is before the court on the voluntary surrender of 

license filed by respondent, John D. Feller, on December 11, 

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, 1976. On December 11, 2017, 

respondent filed a voluntary surrender of license to practice 

law, in which he stated that, on August 22, 2017, a grievance was filed against him with the Counsel for Discipline 

alleging that he misappropriated client funds. Respondent 

stated that he knowingly chooses not to contest the truth of 

the allegations made against him in the grievance letter. He 

also stated that he freely and voluntarily waives his right to 

notice, appearance, or hearing prior to the entry of an order of 

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05/25/2018 12:07 AM CDT
- 462 -

Nebraska Supreme Court Advance Sheets

299 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. FELLER

Cite as 299 Neb. 461

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 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 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 
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Nebraska Supreme Court Advance Sheets

299 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. FELLER

Cite as 299 Neb. 461

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.

Wright, J., not participating.