S-25-0699 State of Nebraska ex rel. Counsel for Discipline of the Nebraska Supreme Court (Relator) v. Ryan C. McCarty (Respondent)
Original Action
Attorneys: Justin C. Dawson (Assistant Counsel for Discipline for Relator) and Adam J. Sipple (Sipple Law for Respondent)
Attorney discipline
Proceedings: Respondent was admitted to practice law in both Nebraska and in Missouri. After Respondent was indefinitely suspended from practicing law in Missouri without leave to apply for reinstatement for one year, Relator filed for reciprocal discipline in Nebraska. Attorney discipline cases are original action cases that are filed directly in the Supreme Court, and the Nebraska Supreme Court directed the parties to brief the issue of discipline.
Issues: Respondent argues that the Supreme Court should not impose reciprocal sanctions for the following reasons: 1) Nebraska’s confidentiality rules materially different from Missouri’s, making identical discipline inappropriate; 2) The underlying Missouri proceedings were constitutionally infirm; 3) The First Amendment forecloses identical (reciprocal) discipline for constitutionally protected whistleblowing; 4) The Supreme Court should decline to import Missouri’s constitutionally suspect framework into Nebraska jurisprudence; 5) Relator’s brief fails to address the unique circumstances of this case; and 6) The Supreme Court should exercise its broad discretion under Neb. Ct. R. § 3-321(A) to impose no discipline.