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§ 3-1020. General provisions; qualifications of hearing master; access to information concerning proceedings under these rules.

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   (A) A Hearing Master to whom matters are referred pursuant to these rules shall be a person who is duly licensed to practice law in Nebraska and in good standing with the Nebraska State Bar Association.

   (B) All proceedings conducted in the Supreme Court pursuant to these rules shall be public proceedings.

   (C) Except as otherwise provided by these rules or by order of the Supreme Court, all proceedings conducted pursuant to these rules prior to the filing of a petition in the Supreme Court shall be confidential, and the records of the Commission shall be confidential and shall not be made public unless and until such a petition is filed. Any person who violates this provision may be subject to punishment for contempt of the Supreme Court.

   (D) The pendency, subject matter, and status of the proceedings conducted pursuant to these rules may be disclosed by the CUPL to any of the following:

   (1) An agency authorized to investigate the qualifications of persons for admission to practice law;

   (2) A lawyer discipline enforcement agency;

   (3) Any person or agency requesting such information, provided that the respondent has waived confidentiality and the request is within the scope of the waiver; or

   (4) Any person appointed by the CUPL to assist in the prosecution of the alleged unauthorized practice of law.

Provided, however, § 3-1020(D) shall not be construed to prohibit the Commission from reporting the subject matter and disposition of a proceeding conducted pursuant to these rules for advisory purposes pursuant to § 3-1012(D) or prohibit the CUPL from disclosing basic information essential to the conduct of the investigation.

   (E) Except as otherwise authorized by order of the Supreme Court, a request for confidential information shall be denied unless the request is made by any of the following:

   (1) An agency authorized to investigate the qualifications of persons for admission to practice law;

   (2) An agency authorized to investigate the qualifications of persons for government employment;

   (3) An agency authorized to investigate allegations of unauthorized practice of law;

   (4) An agency authorized to investigate the qualifications of judicial candidates; or

   (5) A lawyer discipline enforcement agency.

   (F) If any one of the above‑enumerated agencies requests confidential information and has not received a written authorization from the respondent permitting such agency to obtain confidential information, the Commission shall give written notice to the respondent that disclosure of confidential information has been requested. In addition, the Commission shall send to the respondent a copy of any information which the Commission proposes to release to the requesting agency. The Commission shall inform the respondent that the information indicated shall be released to the requesting agency at the end of 20 days after notice of the request was mailed unless the respondent obtains an order from the Supreme Court restraining such disclosure. Among the factors which the Supreme Court will consider in determining whether to restrain such disclosure is whether the requesting agency will accord confidentiality to the requested information.

   (G) If a judicial nominating commission of the State of Nebraska requests confidential information, it shall be furnished promptly and the CUPL shall give written notice to the respondent that specified confidential information has been so disclosed.

   (H) A respondent may be represented by counsel at any stage of proceedings conducted under these rules.

§ 3-1020(D) amended September 11, 2013.

Supreme Court Rules

This page was last modified on Tuesday, September 17, 2013