Debit Card Misconduct Leaves Attorney Minus Law License

The Nebraska Supreme Court has determined that disbarment is the appropriate sanction in a matter involving misappropriation and other misconduct.

The facts

In 1977, respondent was admitted to practice law in Nebraska. Between 1982 and 2005, she was elected or appointed to various public offices, including the Omaha Board of Education, the Omaha City Council, and the Commission of Industrial Relations. In 2005, respondent went into private practice in Omaha, Nebraska. She maintained this practice at all times relevant to these disciplinary proceedings.

Between 2009 and 2013, respondent served as a state senator for the 11th legislative district. After her initial election, her campaign committee, designated the “Committee to Elect Brenda Council” (campaign committee), remained in existence. The campaign committee had a separate bank account for which respondent held a debit card.

Between January 2010 and July 2012, respondent took out more than $63,000 in cash advances using the campaign committee’s debit card and spent those funds for gambling. She also made various deposits into the campaign committee’s account in an attempt to “repay those campaign funds.” Respondent did not report the withdrawals or the subsequent deposits on her campaign statements filed with the Nebraska Accountability and Disclosure Commission (NADC).

The attorney pleaded guilty to misdemeanor charges.

A referee had proposed a one-year suspension followed by probation for two years. (Mike Frisch)