Wednesday, August 10, 2011

State v Herzog

STATE v. HERZOG
281 Neb. 816
STATE OF NEBRASKA EX REL. COUNSEL FOR DISCIPLINE OF THE NEBRASKA SUPREME COURT, RELATOR,v.JULIANNE DUNN HERZOG, RESPONDENT.
No. S-10-018.
Supreme Court of Nebraska.

Filed July 8, 2011.

Jeffry D. Patterson, Special Counsel for Discipline, for relator.
Julianne Dunn Herzog, pro se.
HEAVICAN, C.J., CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

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PER CURIAM.
This disciplinary action arose out of guardianship and conservatorship proceedings involving Rosemary Dunn, the mother of the respondent, Julianne Dunn Herzog. For Herzog's conduct in those proceedings, the Counsel for Discipline charged her with violating four sections of the Nebraska Rules of Professional Conduct. After a hearing, the referee determined that Herzog had violated Neb. Ct. R. of Prof. Cond. §§ 3-503.2, 3-504.4, and 3-508.4. The referee recommends that Herzog be disbarred. We find clear and convincing evidence that Herzog violated the rules of professional conduct, and we therefore suspend Herzog from the practice of law for a period of 2 years.
BACKGROUND
This disciplinary action arose out of a longstanding dispute among Herzog and her siblings over guardianship and conservatorship proceedings for their elderly and incapacitated mother, Rosemary. Herzog has disagreed with her siblings about virtually everything related to Rosemary's guardianship and conservatorship, and this is Herzog's third disciplinary action arising out of those proceedings.

Source:
State v. Herzog

See Also:
Omaha Lawyer Suspended For Actions in Family Guardianship Dispute

4 comments:

Mary said...

These cases quickly disintegrate. Judges have to find new ways of settling family feuds without involving guarianship,

Gail said...

Families get torn apart in these battles and it's all so unnecessary. Both sides may mean well, but Mary's right, instead of settling disputes, Judges appoint strangers as guardians.

Kelly said...

There's not a thing wrong wiht her disagreeing. What's wrong is that people can't settle these disagreements out of court. And we know why; it's because we think judges are fair. Until we stand before them to settle a family dispute and they bring in the public guardian.

jerri said...

family issues are best resolved behind closed doors going to court is risky the consequences are significant