Formal charges were filed against Dazmi H. Castrejon by the Counsel for Discipline of the Nebraska Supreme Court on November 23, 2020, involving two counts of professional misconduct. After Castrejon responded on January 6, 2021, a referee was appointed to conduct a hearing, where the parties agreed on the facts but contested the appropriate discipline. The referee's report, filed on January 31, 2022, found that Castrejon violated several provisions of the Nebraska Rules of Professional Conduct, including rules related to fees and accounting, safekeeping of funds, unresponsiveness in disciplinary matters, and general misconduct, as well as her oath of office.
The referee recommended a two-year suspension of Castrejon's law license, followed by probation or supervision. The relator subsequently moved for judgment on the pleadings, which was granted. The respondent's violations stemmed from mismanagement of her Interest on Lawyers Trust Account (IOLTA), failure to provide adequate fee accounting to a former client, and delays in responding to inquiries from the relator. Notably, between January 2017 and September 2019, the relator received multiple overdraft notifications related to Castrejon's IOLTA, leading to a formal grievance after inadequate responses were received. Castrejon contended that her IOLTA account was intended solely for holding client funds for immigration fees, asserting that flat fees could be deposited into her business account upon receipt.
Falling behind on personal federal tax returns led to the respondent receiving notices from the IRS, including potential levy warnings. Rather than seeking help, the respondent panicked and attempted to shield business funds by transferring money from her business checking account to her IOLTA account under the guise of 'safekeeping,' despite knowing this was inappropriate. The IOLTA account, initially intended for client funds, was also used to manage business income. The respondent admitted her actions were wrong, particularly after jointly opening Castrejon, Buenrostro, LLC with Erika Buenrostro in 2008, where each managed separate accounts without joint access.
In March 2020, the respondent's law practice license was temporarily suspended, and her IOLTA account was closed. Subsequently, a grievance was filed by a former client regarding an immigration application for which the respondent charged $3,500 but failed to provide a full accounting of services or adequately respond to the client's requests. The respondent did not update her contact information, complicating communication during the investigation.
After formal charges were filed on November 23, 2020, the respondent acknowledged using her IOLTA to protect funds from IRS levies, depositing excessive amounts unrelated to client representation, and commingling personal and client funds. She also admitted to failing to cooperate with the investigation. Following a hearing, the referee concluded that the respondent violated several provisions of the Nebraska Rules of Professional Conduct, including those related to fees, accounting, safekeeping of funds, and misconduct. The only issue contested was the appropriate disciplinary action.
The referee determined that the respondent violated her oath of office as an attorney in Nebraska across multiple counts. This conclusion was supported by extensive exhibits and testimonies, including that of Morgan Keen Hecht, a licensed mental health practitioner who treated the respondent from December 2020 until the hearing. Hecht provided expert testimony on domestic abuse and the dynamics of coercive control, illustrating the respondent's experiences in her abusive relationship with her ex-husband using the "Power and Control Wheel of Violence." Hecht identified eight abusive behaviors present in the respondent's relationship: intimidation, emotional abuse, isolation, denial or blame, exploitation of children, male privilege, economic abuse, and coercion.
Hecht detailed the traumas experienced by the respondent throughout her life, including sexual assault and early marriage to her abuser at age 16, and noted that the respondent's ex-husband's increasing violence culminated in serious crises by 2015. Financial difficulties, including a business failure, exacerbated the situation, leading to the respondent's inability to manage her professional responsibilities and involvement with the IRS. The respondent's isolation left her without support, as she feared further abuse if she confided in anyone.
Significant incidents included the ex-husband's violent threats towards the respondent and their daughters, culminating in her fleeing the home with the younger daughter after a violent episode. Following the husband's abandonment, the respondent experienced devastating emotional fallout, resulting in her loss of law license and severe financial distress. Hecht diagnosed her with post-traumatic stress disorder and a major depressive episode with severe anxiety. The referee concluded that the respondent's mental health issues would hinder her ability to practice law, and Hecht recommended continued therapy for an additional year. Despite her struggles, Hecht noted that the respondent understood her conduct leading to the charges was wrongful and a breach of ethical obligations.
The testimony indicated that the respondent is a highly intelligent and ethical individual capable of adhering to high ethical standards. The referee deemed both the respondent's and Hecht's testimonies as truthful and accurate. It was noted that the respondent experienced significant mental and emotional distress throughout the period relevant to the formal charges. Considering the "extraordinary circumstances" of the case, the referee recommended a two-year suspension of the respondent’s law license, allowing for reinstatement at the Supreme Court's discretion. The referee recognized the respondent as a victim of domestic violence, which served as a substantial mitigating factor, and highlighted her proactive approach in seeking mental health treatment. The referee commended her resilience in overcoming severe trauma while successfully completing her education and maintaining family responsibilities.
The disciplinary review process is conducted de novo, allowing for an independent conclusion based on the record. To support a charge in attorney disciplinary proceedings, clear and convincing evidence is required. The referee established that the respondent violated several disciplinary rules, including her oath of office as an attorney. The court granted the joint motion for judgment on the pleadings, affirming that misconduct can lead to various disciplinary actions ranging from disbarment to private reprimand, with the specific discipline tailored to the case's unique circumstances.
To determine the appropriate discipline for an attorney, the court reviews both the attorney's actions related to the case and the overall proceeding, considering various aggravating and mitigating factors. The factors taken into account include the nature of the offense, deterrence of similar conduct, the integrity of the legal profession, public protection, the offender's general attitude, and their current or future fitness to practice law. In this case, the respondent engaged in multiple misconduct acts, such as misappropriating funds by depositing personal money into her IOLTA account to evade IRS levies, failing to respond to investigations, and not providing an accounting to a former client. Such trust account violations are serious and typically warrant disbarment unless significant mitigating factors exist.
Mitigating factors must be extraordinary and substantially outweigh any aggravating circumstances to counter the presumption of disbarment due to misappropriation. When domestic violence is cited as a mitigating factor, it is the attorney's responsibility to provide evidence supporting the claim, and the relator must investigate it. The referee noted the respondent's medical improvement and the likelihood of avoiding future misconduct, supported by extensive testimony about her therapeutic success and commitment to ongoing therapy. Despite previous impairments in her fitness to practice, she has cooperated with investigations and sought professional help.
The respondent had no prior disciplinary issues, and letters of support highlighted her character and advocacy work. The court acknowledges a gap in considering domestic violence victimization as a mitigating factor in attorney discipline and notes initiatives like the Nebraska Lawyers Assistance Program aimed at supporting legal professionals facing domestic violence. Additionally, Lancaster County's Safe and Healthy Families Court program addresses domestic violence in family law contexts.
Intimate partner violence has been recognized as a mitigating factor in attorney discipline across various jurisdictions. In Washington, the Supreme Court acknowledged that while intimate partner violence does not excuse an attorney's misconduct, it merits significant consideration in disciplinary proceedings. Similar cases in Oklahoma highlight that an attorney's misconduct linked to years of domestic violence or emotional distress from such violence can warrant mitigation. In Georgia, an attorney's conversion of client funds was deemed a result of extreme emotional distress due to past abuse, further illustrating this principle.
In the case of Castrejon, medical evidence indicated she suffered from mental and emotional traumas related to sexual assault and domestic violence, contributing to her misconduct. Testimony confirmed her successful treatment and commitment to ongoing support, suggesting future misconduct was unlikely. The referee initially recommended a two-year suspension, but the court ultimately imposed a 30-month suspension retroactive to March 18, 2020, citing extraordinary mitigating factors.
The court ordered Castrejon to comply with specific rules and pay associated costs within 60 days of any cost order. After her suspension, she may apply for reinstatement, contingent upon compliance with rules and lack of additional disciplinary violations. Upon reinstatement, she will undergo two years of monitored probation, which includes continuing therapy, supervision by a licensed Nebraska attorney, restrictions on solo practice and financial responsibilities, and completion of additional coursework in accounting to ensure compliance with IOLTA requirements. The court found that Castrejon violated several disciplinary rules and her oath as an attorney, leading to the suspension judgment.
