Nebraska Lawyer Disciplinary sanctions: Useful or "@#!!%" ? (More Statistic padding at the ABA)

Over at law. coms' legal blog network, its latest post ABA sanctions: Useful or "@#!!%" ? has generated quite a few blogger rants. The documents are linked there. Basically the ABA report says that nationwide there over 100,000 grievances filed against attorneys in 2003, but only about 6000 lawyers actually received court imposed discipline. The Nebraska counsel for Discipline is proud of the fact that for the number of grievances it receives, it has one of the highest charging rates in the country. So more complaints against Nebraska attorneys either have more merit or the Counsel for Discipline is pushing complaints that have less merit than those from other parts of the country that result in formal disciplinary action. I wonder if the Nebraska experience is anything like what is going on in the rest of the country. If not, dont trust the lies, damn lies and statistics Disciplinary Counsel are feeding the public. You may Remember The Sorry Story from Nebraska 5 Years Ago, Concerning An Attorney Terrance Malcom Who Stole At Least 2 Million Dollars From Clients, And A Great Deal Of It While The Authorities Had Him Under Investigation For It. State ex rel. NSBA v. Malcom, 561 N.W.2d 237 (1997) There certainly are more Than case of Attorneys Who Plea Bargained For Extremely Light Discipline When They Had Prior Public Discipline On Their Records, Including Suspensions. State ex rel Counsel for Discipline of the Nebraska Supreme Court v. Conley, 686 N.W.2d 902, 268 Neb. 674 (Neb. 10/01/2004) and 365 N.W.2d 434, 219 Neb. 617 STATE OF NEBRASKA EX REL. NEBRASKA STATE BAR ASSOCIATION, RELATOR,v.PAUL M. CONLEY, RESPONDENT State ex rel Counsel for Discipline of the Nebraska Supreme Court v. James, 673 N.W.2d 214, 267 Neb. 186 (Neb. 01/09/2004) and 307 N.W.2d 524, 209 Neb. 306 1981 STATE OF NEBRASKA EX REL. NEBRASKA STATE BAR ASSOCIATION, COMPLAINANT,v.MERRITT E. JAMES, RESPONDENT State ex rel Counsel for Discipline of the Nebraska Supreme Court v. Koenig, 264 Neb. 474, 647 N.W.2d 653 (Neb. 07/26/2002) An Attorney Who "Forgot" For Nearly 18 Months To Refund To A Client From His Trust Account An Unearned Retainer Of $10,000 Who Blamed Demon Rum And Got A 90 Day Suspension For It: State ex rel Counsel for Discipline of the Nebraska Supreme Court v. O'Brien, 684 N.W.2d 46, 268 Neb. 491 (Neb. 07/30/2004) Another Attorney Was Too Busy To Defend His Client During A Phone Deposition. He Had His Secretary Stand In For Him Over The Phone For Half The Deposition And Had The Gall To Bill The Client At The Lawyer's Rate, This Attorney Received A Public Reprimand For This. No One Knew There Was An Impostor Defending The Lawyers Client During This Deposition: State ex rel Counsel for Discipline of the Nebraska Supreme Court v. Thayer, 677 N.W.2d 188, 267 Neb. 796 (Neb. 04/09/2004) Prominent Omaha personal injury attorney Ronald J. Palagi and prominent financial backer of former Governor-current US Senator Ben Nelson's elections campaigns refused to turn over client files after they had dismissed him; he also charged outsourced paralegal work as expenses in several contingent fee cases when the clients had not contracted to pay such expenses; finally in a few cases he loaned money to personal injury clients. For this "pattern of misconduct and hardly isolated instances" he received a public reprimand from the entire Supreme Court whose members owe their jobs to the good Senator Nelson. State ex rel Counsel for Discipline of Nebraska Supreme Court v. Palagi, 269 Neb. 398 (Neb. 02/25/2005) A lawyer helped his Hoe get some pin money for some much needed bling by bouncing a $10000 check from a dummy corp he set up to an unsuspecting victim intially faced felony theft charges in the Buffalo County District Court. Through a plea bargain he pled down to a misdemeanor. The Nebraska Supreme court in its crackdown on sleazy lawyers hammered this attorney-son of a deceased NEbraska District Court judge with a public reprimand. State ex rel Counsel for Discipline of the Nebraska Supreme Court v. Fritzler, 689 N.W.2d 193, 268 Neb. 899 (Neb. 12/03/2004) However the Supremes know how to snuff out those lawyers who really are a menace to the administration of justice. You know the ones who call other lawyers bad names, like Hitler? State ex rel Counsel for Discipline of the Nebraska Supreme Court v. Widtfeldt, 691 N.W.2d 531, 269 Neb. 289 (Neb. 02/04/2005) So how would esteemed Disciplinary Counsel answer such a charge? By RAISING THE BAR of course! Discipline eccentric, belligerent attorneys who lost or never gained membership to the "Order of the Kneepads." The HALT Report Card that scored the effectiveness of lawyer discipline gives No State's System Better Than A "C" ( Nebraska squeezed in a C-.) You Will Not See True Reform In The Lawyer Discipline System Anywhere Until The People Take This Gravely Important Task Away From The Courts. State Administrative Boards Discipline And Regulate Doctors, Realtors And Every Other Profession. Only Lawyers Are Investigated, Prosecuted, Disciplined And Reviewed By The Very Same Body, Their Respective State Supreme Courts. I Believe We Should Initiate Amending States' Constitutions To Put The Discipline Of Attorneys In The Hands Of The People. That Is Not Where It Is Today No Matter How Hard The Courts Try To Make Examples Out Of A Few Sore Thumb Lawyers. How Many Prosecuting Attorneys Or Police Chiefs Would Keep Their Jobs If They Were As Ineffective As The Disciplinary Counsels Around The Country, Especially If They Worked For The Courts Who Secretly Reviewed Their Plea Bargains And Contested Cases?