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Nebraska Supreme Court Advance Sheets

297 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. FRAIZER

Cite as 297 Neb. 496

State of Nebraska ex rel. Counsel for Discipline

of the Nebraska Supreme Court, relator, 

v. Theodore D. Fraizer, respondent.

___ N.W.2d ___

Filed August 11, 2017. No. S-17-432.

Original action. Judgment of public reprimand.

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

Kelch, and Funke, JJ.

Per Curiam.

INTRODUCTION

This case is before the court on the conditional admission filed by Theodore D. Fraizer, respondent, on May 25, 

2017. The court accepts respondent’s conditional admission 

and enters an order of public reprimand.

FACTS

Respondent was admitted to the practice of law in the State 

of Nebraska on September 12, 1979. At all relevant times, he 

was engaged in the practice of law in Lincoln, Nebraska.

On April 25, 2017, the Counsel for Discipline of the 

Nebraska Supreme Court filed formal charges against 

respondent. The formal charges consist of one count against 

respondent arising from his appointment as successor 

trustee of a trust created from the assets of the estate of 

Martin Buschkamp. The formal charges state that on May 

3, 2006, Martin Buschkamp died. Respondent filed an estate 

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08/18/2017 09:08 AM CDT
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Nebraska Supreme Court Advance Sheets

297 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. FRAIZER

Cite as 297 Neb. 496

proceeding in the county court for Lancaster County, 

Nebraska, on May 12. The Buschkamp estate was closed in 

May 2009, and the remaining assets were transferred to the 

Martin Buschkamp Trust (“Buschkamp Trust”). In August 

2013, respondent accepted an appointment as successor trustee 

of the Buschkamp Trust.

At some point, a beneficiary of the Buschkamp Trust 

filed a grievance against respondent with the Council for 

Discipline alleging that respondent failed to timely conclude 

all matters related to the Buschkamp Trust and failed to 

make a timely distribution of its remaining assets. In his 

response to the grievance, respondent acknowledged that he 

had not been diligent in finalizing the Buschkamp Trust matters, and he stated, “[The beneficiary] is correct that I have 

let the remaining aspects of the matter linger too long. . 

. .” He stated that he would be responsible for any interest 

or penalties.

Respondent ultimately completed the matters related to the 

Buschkamp estate and the Buschkamp Trust. All funds were 

distributed to the beneficiaries.

The formal charges allege that by his actions, respondent 

violated his oath of office as an attorney, Neb. Rev. Stat. 

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

§§ 3-501.3 (diligence) and 3-508.4 (misconduct).

On May 25, 2017, 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 professional conduct 

rules §§ 3-501.3 and 3-508.4(a). In the conditional admission, 

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 respondent’s proposed discipline is appropriate and consistent with 
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Nebraska Supreme Court Advance Sheets

297 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. FRAIZER

Cite as 297 Neb. 496

sanctions imposed in other disciplinary cases with similar 

acts of misconduct.

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 respondent knowingly does not challenge 

or contest the matters conditionally admitted. We further 

determine that by his conduct, respondent violated conduct 

rules §§ 3-501.3 and 3-508.4 and his oath of office as an 

attorney licensed to practice law in the State of Nebraska. 

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.
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Nebraska Supreme Court Advance Sheets

297 Nebraska Reports

STATE EX REL. COUNSEL FOR DIS. v. FRAIZER

Cite as 297 Neb. 496

CONCLUSION

Respondent is publically reprimanded. Respondent is 

directed to pay costs and expenses in accordance with 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 public reprimand.