Nebraska Advance Sheets

862 289 NEBRASKA REPORTS

State of Nebraska ex rel. Counsel for Discipline

of the Nebraska Supreme Court, relator, v. 

Daniel O. Mingus, respondent.

___ N.W.2d ___

Filed January 16, 2015. No. S-12-1044.

Original action. Judgment of disbarment.

Heavican, C.J., Wright, Connolly, Stephan, McCormack, 

Miller-Lerman, and Cassel, JJ.

Per Curiam.

INTRODUCTION

This case is before the court on the voluntary surrender of 

license filed by Daniel O. Mingus, respondent, on October 31, 

2014. The court accepts respondent’s voluntary surrender of his 

license and enters an order of disbarment.

STATEMENT OF FACTS

Respondent was admitted to the practice of law in the State 

of Nebraska on April 23, 1987. Formal charges were filed 

against respondent on November 8, 2012. On December 12, 

respondent was placed on disability inactive status pursuant to 

Neb. Ct. R. § 3-311, and consequently, the pending disciplinary 

proceeding was held in abeyance. On December 14, a trustee 

was appointed pursuant to Neb. Ct. R. § 3-328.

On October 31, 2014, respondent filed a voluntary surrender 

of his license, in which he stated that he does not challenge or 

contest the truth of the allegations being made against him. He 

further stated that he freely, knowingly, and voluntarily waived 

his right to notice, appearance, or hearing prior to the entry of 

an order of disbarment and consented 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 
Nebraska Advance Sheets

STATE EX REL. COUNSEL FOR DIS. v. MINGUS 863

Cite as 289 Neb. 862

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 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 

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.