Chief Justice John v. Hendry

• Publication year: 2021
• Citation: Vol. 81

81 Nebraska L. Rev. 1319. Chief Justice John V. Hendry

1319

Chief Justice John V. Hendry

Opening Remarks

On behalf of the Nebraska Supreme Court, I want to welcome all of you to this ethics conference. I also want to thank the University of Nebraska College of Law for hosting this conference, and Professor Susan Poser for her interest in this subject and work in bringing this seminar to fruition.

Several years ago I was contacted by then-Deans Nancy Rapapport of the University of Nebraska College of Law, and Larry Raful of Creighton University School of Law, inquiring whether the Supreme Court would consider a change from its current Code of Professional Responsibility based upon the Model Code of Professional Conduct, to a system based upon the Model Rules of Professional Conduct.

The principal concern of both deans at the time was the "disconnect" between Nebraska ethics rules based on the Model Code, and the 1991 Supreme Court admissions requirement that each candidate for admission to the Nebraska Bar Association successfully pass the Multi-State Professional Responsibility Examination, which is now based on the newer Model Rules. The effect of this requirement, as noted by both Deans, is that Nebraskans are being tested on ethics rules that do not apply to Nebraska lawyers.

The Court's...