Cotton v. Steele

• Court: Nebraska Supreme Court
• Writing for the Court: PER CURIAM; WHITE
• Citation: Cotton v. Steele, 587 N.W.2d 693, 255 Neb. 892 (Neb. 1999)
• Decision Date: 08 January 1999
• Docket Number: No. S-97-735,S-97-735
• Parties: Allen Ro'nay COTTON, appellant, v. John STEELE and Dennis Carlson, Nebraska State Bar Association, in their individual and official capacities, appellees.

Page 693

587 N.W.2d 693

255 Neb. 892

Allen Ro'nay COTTON, appellant, v. John STEELE and Dennis Carlson, Nebraska State Bar Association, in their individual and official capacities, appellees.

No. S-97-735.

Supreme Court of Nebraska.

Jan. 8, 1999.

Syllabus by the Court

1. Pleadings: Demurrer: Appeal and Error. When reviewing an order sustaining a demurrer, an appellate court accepts the truth of the facts which are well pled, together with the proper and reasonable inferences of law and fact which may be drawn therefrom, but does not accept as true the conclusions of the pleader.

2. Standing: Jurisdiction: Parties: Judgments: Appeal and Error. Standing is a jurisdictional component of a party's case because only a party who has standing may invoke the jurisdiction of a court; determination of a jurisdictional issue which does not involve a factual dispute is a matter of law which requires an appellate court to reach an independent conclusion.

3. Standing: Jurisdiction. Standing relates to a court's power, that is, jurisdiction, to address the issues presented and serves to identify those disputes which are appropriately resolved through the judicial process.

4. Standing: Jurisdiction: Justiciable Issues. As an aspect of jurisdiction and justiciability, standing requires that a litigant have such a personal stake in the outcome of a controversy as to warrant invocation of a court's jurisdiction and justify the exercise of the court's remedial powers on the litigant's behalf.

5. Standing. Under the doctrine of standing, a court may decline to determine the merits of a legal claim because the party advancing it is not properly situated to be entitled to its judicial determination.

6. Disciplinary Proceedings: Attorneys at Law. The basic issues in a disciplinary proceeding against an attorney are whether discipline should be imposed and, if so, the type of discipline appropriate under the circumstances.

7. Standing. Sufficient standing as a party in litigation may not be based merely on a general interest common to all members of the public.

Allen Ro'nay Cotton, pro se.

Neal E. Stenberg and Maren Lynn Chaloupka, of Harding, Shultz & Downs, Lincoln, for appellees.

WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

PER CURIAM.

Allen Ro'nay Cotton appeals from an order of the district court for Douglas County dismissing his petition against John Steele and Dennis Carlson, who are sued both individually and in their respective capacities as Assistant Counsel for Discipline and Counsel for Discipline of the Nebraska State Bar Association (NSBA). We affirm, based upon our determination that Cotton lacks standing to assert a claim against Steele and Carlson based upon allegations that they improperly disposed of a disciplinary complaint which Cotton filed against a Nebraska attorney.

FACTUAL AND PROCEDURAL BACKGROUND

In his petition, Cotton alleged that in December 1996 he filed a complaint with the NSBA against an unidentified attorney who, according to Cotton, violated a copyright law. Cotton alleged that on February 5, 1997, Steele dismissed his complaint without supplying a reason and without instructing the attorney to respond to the complaint. Cotton asserted that Steele refuses to investigate complaints submitted by pro se litigants, Steele always resolves complaints in favor of the attorney, and Carlson is aware of Steele's "bias [sic] opinions." Cotton also alleged that on February 11, he wrote a letter to Carlson, informing him of Steele's actions and requesting that a proper investigation be conducted. Cotton further alleged that Carlson never responded to this letter and that Carlson refuses to enforce the "NSBA rules."

In his petition, Cotton alleged a violation of 42 U.S.C. § 1983 (Supp. II 1996) and §§ 1985 and 1986 (1994), based on malpractice, abuse of authority, inadequate investigation, inadequate training, and failure to prosecute, in violation of the Due Process and Equal Protection Clauses of the U.S. Constitution. In addition, Cotton asserted that Steele and Carlson were negligent. Cotton requested that the district court issue an injunction ordering Steele to follow the rules and regulations of the NSBA and a declaratory judgment stating that the "mental abuse" Cotton suffered violated his rights under the 14th Amendment and state law. Cotton also requested $50,000 in compensatory damages from Steele and Carlson for "psychological damges [sic] including personal humiliation and mental anguish sustained throughout this entire ordeal."

On April 28, 1997, Steele and Carlson filed a demurrer to Cotton's petition on the following grounds: (1) The petition failed to state facts sufficient to constitute a cause of action, (2) the petition failed to adequately allege subject matter jurisdiction, (3) Steele and Carlson were entitled to absolute immunity from suit for any claims alleged in the petition, (4) Steele and Carlson were immune from suit for damages in their official capacities by virtue of the 11th Amendment of the U.S. Constitution, (5) Cotton lacked standing, and (6) the petition failed to adequately allege proximate causation and damages. On June 13, the district court sustained the demurrer without leave to amend and dismissed the petition. Cotton perfected this appeal, and we subsequently granted Steele and Carlson's petition to bypass.

ASSIGNMENTS OF ERROR

Cotton asserts, summarized, that the district court erred in sustaining Steele and Carlson's demurrer and dismissing his petition.

STANDARD OF REVIEW

When reviewing an order sustaining a demurrer, an appellate court accepts the truth of the facts which are well pled, together with the proper and reasonable inferences of law and fact which may be drawn therefrom, but does not accept as true the conclusions of the pleader. Syracuse Rur. Fire Dist. v. Pletan, 254 Neb. 393, 577 N.W.2d 527 (1998); Hoiengs v. County of Adams, 254 Neb. 64, 574 N.W.2d 498 (1998).

Standing is a jurisdictional component of a party's case because only a party who has standing may invoke the jurisdiction of a court; determination of a jurisdictional issue which does not involve a factual dispute is a matter of law which requires an appellate court to reach an independent conclusion. Hawkes v. Lewis, 255 Neb. 447, 586 N.W.2d 430 (1998); Rice v. Adam, 254 Neb. 219, 575 N.W.2d 399 (1998).

ANALYSIS

We initially address the jurisdictional question of whether Cotton has standing to bring this action. Standing relates to a court's power, that is, jurisdiction, to address the issues presented and serves to identify those disputes which are appropriately resolved through the judicial process. Hawkes v. Lewis, supra; Ponderosa Ridge LLC v. Banner County, 250 Neb. 944, 554 N.W.2d 151 (1996). As an aspect of jurisdiction and justiciability, "standing" requires that a litigant have such a personal stake in the outcome of a controversy as to warrant invocation of a court's jurisdiction and justify the exercise of the court's remedial powers on the litigant's behalf. Hawkes v. Lewis, supra; State v. Cody, 248 Neb. 683, 539 N.W.2d 18 (1995). Under the doctrine of standing, a court may decline to determine the merits of a legal claim because the party " 'advancing it is not properly situated to be entitled to its judicial determination....' " State v. Baltimore, 242 Neb. 562, 568, 495 N.W.2d 921, 926 (1993), quoting 13 Charles A. Wright et al., Federal Practice and Procedure: Standing § 3531 (2d ed.1984).

In this case, we must determine whether one who files a disciplinary complaint against a Nebraska lawyer has standing to bring an action for legal and equitable relief based upon allegations that the complaint was not properly handled by the office of the Counsel for Discipline. As a starting point in this analysis, we summarize the system by which Nebraska attorneys may be disciplined in response to a citizen complaint.

This court has inherent authority to regulate the conduct of attorneys admitted to the practice of law in the State of Nebraska. State ex rel. NSBA v. Barnett, 248 Neb. 601, 537 N.W.2d 633 (1995); In re Integration of Nebraska State Bar Ass'n, 133 Neb. 283, 275 N.W. 265 (1937). Pursuant to that authority, we have promulgated disciplinary rules which govern the processing and disposition of complaints charging Nebraska lawyers with violations of the Code of Professional Responsibility. See State ex rel. NSBA v. Barnett, supra. The preface to the disciplinary rules states: "The discipline of attorneys is for the protection of the public, the profession, and the administration of justice." We have written that the purpose of an attorney disciplinary proceeding is not so much to punish the attorney as it is to determine whether in the public interest an attorney should be permitted to practice. State ex rel. NSBA v. Barnett, supra; State ex rel. Nebraska State Bar Assn. v. Fitzgerald, 165 Neb. 212, 85 N.W.2d 323 (1957).

The disciplinary rules require the NSBA to employ a Counsel for Discipline, whose appointment and tenure are subject to the approval of this court. Neb. Ct. R. of Discipline 8(A) (rev.1996). The Counsel for Discipline and his or her staff possess specifically enumerated powers and duties which include the initial screening of complaints of attorney misconduct to determine whether there is sufficient evidence to warrant further processing of the complaint under the procedures established by the disciplinary rules. Neb. Ct. R. of Discipline 8(B)(1), (3), and (4). In addition, the Counsel for Discipline is responsible for prosecution of disciplinary cases filed in this court. Neb. Ct. R. of Discipline 10(Q) (rev.1996). By rule, the Counsel for Discipline and his or her representatives are granted immunity from suit "for any conduct in the course of their official duties" under the disciplinary rules. Neb. Ct. R. of Discipline 22(B) (rev.1996).

Any citizen wishing to initiate a disciplinary proceeding against a Nebraska...