Nebraska's highest court rules that an attorney who was acting as a guardian and repeatedly lied on his annual reports about his contact with the ward should be suspended for one year. State of Nebraska v. Halstead (Neb., No. S-16-774, Nov. 3, 2017).
Attorney Rodney Halstead was appointed guardian to an incapacitated adult ward and was required to file annual reports. For six years, Mr. Halstead filed reports in which he claimed that he checked in with the ward in person or on the telephone. In fact, Mr. Halstead had not checked in with the ward and was unaware that the ward had moved from his assisted living facility.
The Counsel for Discipline filed formal charges against Mr. Halstead for violating the professional code of conduct. Mr. Halstead admitted to the violation, but argued that public reprimand was appropriate sanction.
The Nebraska Supreme Court rules that Mr. Halstead should be suspended for one year. While the court recognizes the mitigating factors that Mr. Halstead cooperated with the Counsel, had practiced for many years, and had no disciplinary history, the court determines that "the duty of candor to the tribunal lies at the heart of an attorney’s role as an officer of the court" and that Mr. Halstead's action "was no slip of the tongue. The falsehoods were made in writing and were repeated from year to year."
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