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Nebraska Supreme Court Advance Sheets

311 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. KRATINA

Cite as 311 Neb. 280

State of Nebraska ex rel. Counsel for Discipline 

of the Nebraska Supreme Court, relator,

v. Mark D. Kratina, Sr., respondent.

___ N.W.2d ___

Filed March 25, 2022. No. S-21-686.

Original action. Judgment of disbarment.

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

Papik, and Freudenberg, JJ.

Per Curiam.

INTRODUCTION

This case is before the court on the voluntary surrender 

of license and the motion to terminate proceedings filed by 

the respondent, Mark D. Kratina, Sr., on January 25, 2022. 

The court accepts the respondent’s voluntary surrender of his 

license and enters a judgment of disbarment. The respondent’s motion to terminate proceedings is moot and, accordingly, overruled.

STATEMENT OF FACTS

The respondent was admitted to the practice of law in the 

State of Nebraska on July 2, 1976, and at all times relevant 

to this proceeding, he was engaged in the practice of law in 

Omaha, Nebraska. On January 25, 2022, the respondent filed 

a voluntary surrender of his license to practice law. He stated 

that on August 5, 2021, the chairperson of the Committee on 

Inquiry of the Second Judicial District filed an application 

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Nebraska Supreme Court Advance Sheets

311 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. KRATINA

Cite as 311 Neb. 280

for temporary suspension of the respondent’s license, and on 

September 30, 2021, the respondent was suspended from the 

practice of law. He has not been reinstated.

The respondent states that for purposes of this voluntary 

surrender, he knowingly does not challenge or contest the truth 

of allegations and waives all proceedings against him. He thus 

acknowledges that without the knowledge or consent of his 

clients, the respondent withdrew his clients’ funds and misappropriated them for his own use. Subsequently, the respondent 

made false statements to another attorney and to the Counsel 

for Discipline to the effect that the funds had been maintained 

in the trust account.

The Counsel for Discipline attempted to audit the respondent’s trust accounts, but the respondent failed to produce 

any of the requested documents. The Counsel for Discipline 

served a subpoena duces tecum on the respondent’s bank to 

obtain the respondent’s trust account bank statements, which 

revealed that he misappropriated his clients’ funds in June and 

August 2017.

The Counsel for Discipline has continued to examine the 

respondent’s trust accounts, which has raised further concerns with respect to costs and advanced expenses paid to the 

respondent from the same clients’ settlements. The respondent 

states that he has provided to the Counsel for Discipline all 

reasonably available documentation with regard to the costs 

and advanced expenses, including written testimony from his 

office staff showing the records relied on to invoice for costs 

and expenses. He has provided the Counsel for Discipline with 

settlement sheets for all of his personal injury clients from June 

2017 to June 2021 whose settlements would have been run 

through his trust account. He states that no client has failed to 

receive funds that he or she was due.

The respondent has been previously disciplined by this 

court. On January 5, 2001, the respondent was publicly reprimanded when his negligence led to a discrepancy in his 
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Nebraska Supreme Court Advance Sheets

311 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. KRATINA

Cite as 311 Neb. 280

trust account. And on April 4, 2008, the respondent was suspended for 60 days after advancing sums to a client for transportation and rent.

The respondent stated that he voluntarily surrenders his 

privilege to practice law in the State of Nebraska; waives his 

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

order of disbarment; and consents to the entry of an immediate 

order of disbarment, with special conditions.

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 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, including the special conditions set 

forth below. The Counsel for Discipline does not oppose the 

voluntary surrender on conditions.

CONCLUSION

Upon due consideration, 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 State of Nebraska, 
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Nebraska Supreme Court Advance Sheets

311 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. KRATINA

Cite as 311 Neb. 280

effective immediately. We impose the following special conditions upon the respondent:

(1) The respondent will not seek readmission to the bar 

of Nebraska or any other court or tribunal which regulates 

the practice of law.

(2) In the event that the respondent attempts to seek 

readmission to the practice of law, his judicial admissions 

in this case regarding the motion for temporary suspension will serve as good cause why any such application 

for admission should be denied.

(3) The respondent knowingly, intelligently, and voluntarily waives any objection to the procedure by which this 

court enters any order accepting his voluntary surrender 

and imposes any special conditions.

(4) This order shall not prohibit the Committee on 

Inquiry, the Counsel for Discipline, or this court from initiating any investigation into new or different charges that 

were not reasonably known to the Committee on Inquiry 

or the Counsel for Discipline.

(5) Any violation by the respondent to the terms of the 

order approving the voluntary surrender of his license to 

practice law may be enforced by the direct contempt powers of this court.

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. 2022) and 3‐323 of the disciplinary rules within 60 days 

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

by the court.

The respondent’s motion to terminate proceedings is overruled as moot.

Judgment of disbarment.