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Nebraska Supreme Court Advance Sheets

309 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. BOWERS

Cite as 309 Neb. 423

State of Nebraska ex rel. Counsel for Discipline 

of the Nebraska Supreme Court, relator, 

v. Steven R. Bowers, respondent.

___ N.W.2d ___

Filed June 4, 2021. No. S-21-079.

Original action. Judgment of public reprimand.

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

Papik, and Freudenberg, JJ.

Per Curiam.

INTRODUCTION

This case is before the court on the conditional admission 

filed by Steven R. Bowers, the respondent, on April 15, 2021. 

The court accepts the respondent’s conditional admission and 

enters an order of public reprimand.

FACTS

The respondent was admitted to the practice of law in the 

State of Nebraska on March 5, 2008. At all times relevant to 

these proceedings, the respondent was engaged in the practice 

of law in Broken Bow, Nebraska. The respondent served as the 

county attorney of Custer County, Nebraska.

On February 1, 2021, the Counsel for Discipline of the 

Nebraska Supreme Court, the relator, filed formal charges 

against the respondent. The formal charges consisted of two 

counts. Pursuant to Neb. Ct. R. § 3-302, the respondent is 

under the jurisdiction of the Committee on Inquiry of the Sixth 

Judicial District (Committee).

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

07/23/2021 01:09 AM CDT
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Nebraska Supreme Court Advance Sheets

309 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. BOWERS

Cite as 309 Neb. 423

The matters alleged in the formal charges were reviewed by 

the Committee pursuant to Neb. Ct. R. § 3-309(H) (rev. 2011). 

The Committee determined that there are reasonable grounds 

for discipline of the respondent and that the public interest 

would be served by the filing of formal charges.

The formal charges generally allege violations stemming 

from the respondent’s prosecution of criminal defendants, who 

had extensive criminal records and faced felony charges. The 

respondent wanted the defendants “out of Custer County” 

so they would not engage in further illegal conduct. The 

respondent agreed that if the defendants would plead guilty 

or no contest to the pending charges, he would assist in getting their bonds reduced so the defendants could be released 

from jail before their sentencing. The respondent agreed that if 

the defendants left the State of Nebraska and failed to appear 

at their respective sentencing hearings and a bench warrant 

were issued, the respondent would direct the sheriff of Custer 

County not to seek to extradite the defendants. The respondent 

did not inform the court that he had agreed not to seek extradition of the defendants if they agreed to plead guilty or no contest to the pending charges. The defendants ultimately posted 

bail. One of the defendants fled the jurisdiction, and although 

he was later arrested in Douglas County, the respondent did not 

attempt to seek extradition and the defendant was released.

The formal charges allege that by his actions, the respondent 

violated his oath of office as an attorney licensed to practice 

law in the State of Nebraska, as provided by Neb. Rev. Stat. 

§ 7-104 (Reissue 2012), and violated Neb. Ct. R. of Prof. 

Cond. §§ 3-503.3(a)(1) and (b) (rev. 2016) (candor toward tribunal) and 3-508.4(c) and (d) (misconduct).

On April 15, 2021, the respondent filed a conditional admission pursuant to Neb. Ct. R. § 3-313(B) of the disciplinary 

rules, in which he conditionally admitted that he violated his 

oath of office as an attorney and §§ 3-503.3(a)(1) and (b) (candor toward tribunal) and 3-508.4(c) and (d) (misconduct) of 

the professional conduct rules. In the conditional admission, 
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Nebraska Supreme Court Advance Sheets

309 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. BOWERS

Cite as 309 Neb. 423

the respondent admits that his conduct violated the identified 

rules of professional conduct. The respondent knowingly does 

not challenge or contest the truth of the matters conditionally 

asserted and waived all proceedings against him in exchange 

for a public reprimand.

The proposed conditional admission included a declaration 

by the Counsel for Discipline, stating that the respondent’s 

proposed discipline is appropriate under the facts of this case.

ANALYSIS

Section 3-313, which is a component of our rules governing 

procedures regarding attorney discipline, provides in pertinent part:

(B) At any time after the Clerk has entered a Formal 

Charge against a Respondent on the docket of the Court, 

the Respondent may file with the Clerk a conditional 

admission of the Formal Charge in exchange for a stated 

form of consent judgment of discipline as to all or part of 

the Formal Charge pending against him or her as determined to be appropriate by the Counsel for Discipline 

or any member appointed to prosecute on behalf of the 

Counsel for Discipline; such conditional admission is 

subject to approval by the Court. The conditional admission shall include a written statement that the Respondent 

knowingly admits or knowingly does not challenge or 

contest the truth of the matter or matters conditionally 

admitted and waives all proceedings against him or her in 

connection therewith. If a tendered conditional admission 

is not finally approved as above provided, it may not be 

used as evidence against the Respondent in any way.

Pursuant to § 3-313, and given the conditional admission, we 

find that the respondent knowingly does not challenge or contest the matters conditionally admitted. We further determine 

that by his conduct, the respondent violated §§ 3-503.3(a)(1) 

and (b) (candor toward tribunal) and 3-508.4(c) and (d) (misconduct) of the professional conduct rules and his oath of 
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Nebraska Supreme Court Advance Sheets

309 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. BOWERS

Cite as 309 Neb. 423

office as an attorney licensed in the State of Nebraska. The 

respondent has waived all additional proceedings against him 

in connection herewith. Upon due consideration, the court 

approves the conditional admission and enters the orders as 

indicated below.

CONCLUSION

The respondent is publicly reprimanded. If the respondent 

applies to appear pro hac vice, he must disclose this discipline. The Respondent is directed to pay costs and expenses in 

accordance with Neb. Ct. R. §§ 3-310(P) (rev. 2019) 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 public reprimand.