Custer County Justice: Sundown Prosecution And Defense Draws Reprimand

The Nebraska Supreme Court has  publicly reprimanded an attorney from Broken Bow on these  conditional admissions

The formal charges generally allege violations stemming from the respondent’s representation of criminal defendants’ facing felony charges. The clients had extensive criminal records. The respondent arranged to have his clients plead guilty to the charged offenses and have the defendants flee the state prior to their sentencing hearings. The respondent brokered a “‘banishment plan’” with the prosecution, who privately agreed not to seek to extradite the defendants after they fled.

The case is  STATE EX REL. COUNSEL FOR DIS. v. WICKHAM cite as 309 Neb. 420

It appears that the prosecutor got like treatment on conditional admissions

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 case STATE EX REL. COUNSEL FOR DIS. v. BOWERS cite as 309 Neb. 423

(Mike Frisch)