22.16(7)(7) The referee shall file with the supreme court a recommendation as to the assessment of reasonable costs within 10 days after the parties' submissions regarding assessment of costs.
Wisconsin Comment: The court's general policy regarding assessment of costs in lawyer disciplinary matters is set forth in SCR 22.24.
Procedures for filing the statement on costs and objecting to a statement on costs are set forth in SCR 22.24 (2).If the respondent does not object to the statement of costs then the referee's recommendation regarding costs shall be filed within 10 days of the deadline for filing an objection. If an objection is filed the recommendation shall be filed within 10 days after receiving the OLR's reply to the objection.History: Sup. Ct. Order No.
99-03
, 2000 WI 106, 237 Wis. 2d xix; Sup. Ct. Order No.
01-12A
, 2002 WI 8, 249 Wis. 2d xiii; Sup. Ct. Order No.
05-01B
, 2011 WI 58, 334 Wis. 2d xxv.
22.17SCR 22.17 Review; appeal.
22.17(1)(1) Within 20 days after the filing of the referee's report, the director or the respondent may file with the supreme court an appeal from the referee's report.
22.17(2)(2) If no appeal is filed timely, the supreme court shall review the referee's report; adopt, reject or modify the referee's findings and conclusions or remand the matter to the referee for additional findings; and determine and impose appropriate discipline. The court, on its own motion, may order the parties to file briefs in the matter.
22.17(3)(3) An appeal from the report of a referee is conducted under the rules governing civil appeals to the supreme court. The supreme court shall place the appeal on its first assignment of cases after the briefs are filed.
History: Sup. Ct. Order No.
99-03
, 2000 WI 106, 237 Wis. 2d xix.
Case Note: A determination that sanctions were appropriately imposed for violating s. 814.025 that had been twice affirmed by the court of appeals, and review twice denied by the supreme court, could not be collaterally attacked in a disciplinary proceeding. OLR v. Widule, 2003 WI 34, 261 Wis. 2d 45, 660 N.W.2d 686.
22.18SCR 22.18 Motion for reconsideration.
22.18(1)(1) The director or the respondent may seek reconsideration of the judgment or opinion of the supreme court by filing a motion for reconsideration within 20 days after the decision of the court is filed.
22.18(2)(2) The filing of a motion for reconsideration does not stay enforcement of the judgment. A request for a stay pending determination of the motion for reconsideration shall be made to the supreme court.
History: Sup. Ct. Order No.
99-03
, 2000 WI 106, 237 Wis. 2d xix.
22.19SCR 22.19 Petition for consensual license revocation.
22.19(1)(1) An attorney who is the subject of an investigation for possible misconduct or the respondent in a proceeding may file with the supreme court a petition for the revocation by consent or his or her license to practice law.
22.19(2)(2) The petition shall state that the petitioner cannot successfully defend against the allegations of misconduct.
22.19(3)(3) If a complaint has not been filed, the petition shall be filed in the supreme court and shall include the director's summary of the misconduct allegations being investigated. Within 20 days after the date of filing of the petition, the director shall file in the supreme court a recommendation on the petition. Upon a showing of good cause, the supreme court may extend the time for filing a recommendation.
22.19(4)(4) If a complaint has been filed, the petition shall be filed in the supreme court and served on the director and on the referee to whom the proceeding has been assigned. Within 20 days after the filing of the petition, the director shall file in the supreme court a response in support of or in opposition to the petition and serve a copy on the referee. Upon a showing of good cause, the supreme court extend the time for filing a response. The referee shall file a report and recommendation on the petition in the supreme court within 30 days after receipt of the director's response.
22.19(5)(5) The supreme court shall grant the petition and revoke the petitioner's license to practice law or deny the petition and remand the matter to the director or to the referee for further proceedings.
History: Sup. Ct. Order No.
99-03
, 2000 WI 106, 237 Wis. 2d xix; Sup. Ct. Order No.
01-12A
, 2002 WI 8, 249 Wis. 2d xiii.
22.20SCR 22.20 Summary license suspension on criminal conviction.
22.20(1)(1) Summary suspension. Upon receiving satisfactory proof that an attorney has been found guilty or convicted of a serious crime, the supreme court may summarily suspend the attorney's license to practice law pending final disposition of a disciplinary proceeding, whether the finding of guilt or the conviction resulted from a plea of guilty or no contest or from a verdict after trial and regardless of the pendency of an appeal.
22.20(2)(2) Serious crime, definition. In this rule, "serious crime" means a felony or any lesser crime which, in the opinion of the court, reflects adversely on the attorney's fitness to be licensed to practice law.
22.20(3)(3) Reinstatement on reversal. The license of an attorney that has been summarily suspended under sub. (1) shall be reinstated forthwith upon the reversal of the conviction. The reinstatement shall not terminate any disciplinary proceeding then pending against the attorney.
22.20(4)(4) Filing certificate of finding of guilt, conviction. The clerk of a court within the state in which an attorney is found guilty or convicted of any crime shall send a certificate of the finding of guilt or of the conviction to the clerk of the supreme court within five days after the finding or conviction, whichever first occurs.
22.20(5)(5) Proof of guilt. In a proceeding based on an attorney's having been found guilty or convicted of a crime, a certified copy of the record in the proceeding or the certificate of conviction shall be conclusive evidence of the attorney's guilt of the crime of which found guilty or convicted.
22.20(6)(6) Filing of complaint. The director, or special investigator acting under SCR 22.25, shall file the complaint in the disciplinary proceeding within 2 months of the effective date of the summary suspension or shall show cause why the summary suspension should continue. The respondent attorney may file a response with the supreme court within 10 days of service. Reinstatement under this section does not terminate any misconduct investigation or disciplinary proceeding pending against the attorney.
22.20(7)(7) Filing of referee report. The referee appointed to conduct a hearing on the complaint shall conduct the hearing promptly and file the report required by SCR 22.16 no later than 3 months after the filing of the complaint. In the event the report is not filed within 3 months of the filing of the complaint, the respondent attorney may move the supreme court for reinstatement pending completion of the disciplinary proceeding. Reinstatement under this section does not terminate any misconduct investigation or disciplinary proceeding pending against the attorney.
History: Sup. Ct. Order No.
99-03
, 2000 WI 106, 237 Wis. 2d xix; Sup. Ct. Order No.
04-06
, 2004 WI 142, 275 Wis. 2d xiii.
22.21SCR 22.21 Temporary suspension.
22.21(1)(1) The supreme court, on its own motion, upon the motion of the director, or upon the motion of a special investigator acting under SCR 22.25, may suspend temporarily an attorney's license to practice law where it appears that the attorney's continued practice of law poses a threat to the interests of the public and the administration of justice.
22.21(2)(2) Before entering an order suspending an attorney's license under sub. (1), the supreme court shall order the attorney to show cause why the license to practice law should not be suspended temporarily. The attorney shall file with the supreme court a written response to the order and serve a copy of the response on the director within the time set forth in the order. The director, or special investigator acting under SCR 22.25, may file a memorandum in support of or in opposition to the temporary license suspension within 10 days after the attorney's response is filed. All papers, files, transcripts, communications, and proceedings shall be confidential and shall remain confidential until the supreme court has issued an order to show cause.
22.21(3)(3) Filing of complaint. The director, or a special investigator acting under SCR 22.25, shall file the complaint in the disciplinary proceeding within 4 months of the effective date of the temporary suspension imposed under this section, or shall show cause why the temporary suspension should continue. The respondent attorney may file a response with the supreme court within 10 days of service. Reinstatement under this section shall not terminate any misconduct investigation or disciplinary proceeding pending against the attorney.
22.21(4)(4) Filing of referee report. The referee appointed to conduct a hearing on the complaint shall conduct the hearing promptly and file the report required by SCR 22.16 no later than 6 months after the filing of the complaint. If the report is not filed within 6 months of the filing of the complaint, the respondent attorney may move the supreme court for reinstatement pending completion of the disciplinary proceeding. Reinstatement under this section does not terminate any misconduct investigation or disciplinary proceeding pending against the attorney.
History: Sup. Ct. Order No.
99-03
, 2000 WI 106, 237 Wis. 2d xix; Sup. Ct. Order No.
01-12A
, 2002 WI 8, 249 Wis. 2d xiii; Sup. Ct. Order No.
04-06
, 2004 WI 142, 275 Wis. 2d xiii.
22.22SCR 22.22 Reciprocal discipline.
22.22(1)(1) An attorney on whom public discipline for misconduct or a license suspension for medical incapacity has been imposed by another jurisdiction shall promptly notify the director of the matter. Failure to furnish the notice within 20 days of the effective date of the order or judgment of the other jurisdiction constitutes misconduct.
22.22(2)(2) Upon the receipt of a certified copy of a judgment or order of another jurisdiction imposing discipline for misconduct or a license suspension for medical incapacity of an attorney admitted to the practice of law or engaged in the practice of law in this state, the director may file a complaint in the supreme court containing all of the following:
22.22(2)(a)(a) A certified copy of the judgment or order from the other jurisdiction.
22.22(2)(b)(b) A motion requesting an order directing the attorney to inform the supreme court in writing within 20 days of any claim of the attorney predicated on the grounds set forth in sub. (3) that the imposition of the identical discipline or license suspension by the supreme court would be unwarranted and the factual basis for the claim.
22.22(3)(3) The supreme court shall impose the identical discipline or license suspension unless one or more of the following is present:
22.22(3)(a)(a) The procedure in the other jurisdiction was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process.
22.22(3)(b)(b) There was such an infirmity of proof establishing the misconduct or medical incapacity that the supreme court could not accept as final the conclusion in respect to the misconduct or medical incapacity.
22.22(3)(c)(c) The misconduct justifies substantially different discipline in this state.
22.22(4)(4) Except as provided in sub. (3), a final adjudication in another jurisdiction that an attorney has engaged in misconduct or has a medical incapacity shall be conclusive evidence of the attorney's misconduct or medical incapacity for purposes of a proceeding under this rule.
22.22(5)(5) The supreme court may refer a complaint filed under sub. (2) to a referee for a hearing and a report and recommendation pursuant to SCR 22.16. At the hearing, the burden is on the party seeking the imposition of discipline or license suspension different from that imposed in the other jurisdiction to demonstrate that the imposition of identical discipline or license suspension by the supreme court is unwarranted.
22.22(6)(6) If the discipline or license suspension imposed in the other jurisdiction has been stayed, any reciprocal discipline or license suspension imposed by the supreme court shall be held in abeyance until the stay expires.
History: Sup. Ct. Order No.
99-03
, 2000 WI 106, 237 Wis. 2d xix.
22.23SCR 22.23 Publication of disposition.
22.23(1)(1) With the exception of the supreme court's disposition of a private reprimand or dismissal of a proceeding, the supreme court's disposition of a proceeding under this chapter shall be published in an official publication of the state bar of Wisconsin and in the official publications specified in SCR 80.01. A party may file a request to publish a dismissal of a proceeding.
22.23(2)(2) The director shall send notice of a public reprimand or a license suspension or revocation to the state bar of Wisconsin and to a newspaper of general circulation in each county in which the attorney maintained an office for the practice of law.
22.23(3)(3) The director shall notify all judges in the state of a license suspension or revocation.
History: Sup. Ct. Order No.
99-03
, 2000 WI 106, 237 Wis. 2d xix; Sup. Ct. Order No.
01-12A
, 2002 WI 8, 249 Wis. 2d xiii.
22.24SCR 22.24 Assessment of costs.
22.24(1)(1) The supreme court may assess against the respondent all or a portion of the costs of a disciplinary proceeding in which misconduct is found, a medical incapacity proceeding in which it finds a medical incapacity, or a reinstatement proceeding and may enter a judgment for costs. The director may assess all or a portion of the costs of an investigation when discipline is imposed under SCR 22.09. Costs are payable to the office of lawyer regulation.
22.24(1m)(1m) The court's general policy is that upon a finding of misconduct it is appropriate to impose all costs, including the expenses of counsel for the office of lawyer regulation, upon the respondent. In some cases the court may, in the exercise of its discretion, reduce the amount of costs imposed upon a respondent. In exercising its discretion regarding the assessment of costs, the court will consider the statement of costs, any objection and reply, the recommendation of the referee, and all of the following factors:
22.24(1m)(a)(a) The number of counts charged, contested, and proven.
22.24(1m)(c)(c) The level of discipline sought by the parties and recommended by the referee.
22.24(1m)(d)(d) The respondent's cooperation with the disciplinary process.
22.24(2)(2) In seeking the assessment of costs by the supreme court, the director shall file in the court, with a copy to the referee and the respondent, a statement of costs within 20 days after the filing of the referee's report or a SCR 22.21 or 22.34 (10) stipulation, together with a recommendation regarding the costs to be assessed against the respondent. If an appeal of the referee's report is filed or the supreme court orders briefs to be filed in response to the referee's report, a supplemental statement of costs and recommendation regarding the assessment of costs shall be filed within 14 days after the appeal is assigned for submission to the court or the briefs ordered by the court are filed. The recommendation should explain why the particular amount of costs is being sought. The respondent may file an objection to the statement of costs and recommendation within 21 days after service of the statement of costs. A respondent who objects to a statement of costs must explain, with specificity, the reasons for the objection and must state what he or she considers to be a reasonable amount of costs. The objection may include relevant supporting documentation. The office of lawyer regulation may reply within 11 days of receiving the objection. In proceedings before a referee the referee shall make a recommendation to the court regarding costs. The referee should explain the recommendation addressing the factors set forth in SCR 22.24 (1m). The referee shall consider the submissions of the parties and the record in the proceeding. No further discovery or hearing is authorized.
22.24(3)(3) Upon the assessment of costs by the supreme court, the clerk of the supreme court shall issue a judgment for costs and furnish a transcript of the judgment to the director. The transcript of the judgment may be filed and docketed in the office of the clerk of court in any county and shall have the same force and effect as judgments docketed pursuant to Wis. Stat. ss. 809.25 and 806.16 (1997-98).
History: Sup. Ct. Order No.
99-03
, 2000 WI 106, 237 Wis. 2d xix; Sup. Ct. Order No.
01-12A
, 2002 WI 8, 249 Wis. 2d xiii; Sup. Ct. Order No.
05-01
, 2006 WI 34, 287 Wis. 2d xiii; Sup. Ct. Order No.
05-01B
, 2011 WI 58, 334 Wis. 2d xxv.
Case Note: SCR 22.11, 22.24, and 22.29 (5) support the conclusion that costs may be imposed against a petitioner for reinstatement. Disciplinary Proceedings Against Penn, 2002 WI 5, 249 Wis. 2d 667, 638 N.W.2d 287.
22.25SCR 22.25 Misconduct and malfeasance allegations against lawyer regulation system participants.
22.25(1)(1) Allegations of misconduct against the director, a lawyer member of staff, retained counsel, a lawyer member of a district committee, a lawyer member of the preliminary review committee, a lawyer member of the board of administrative oversight, or a referee shall be assigned by the director for investigation to a special investigator. The supreme court shall appoint lawyers who are not currently participating in the lawyer regulation system and are not among the lawyers from whom retained counsel is selected under SCR 21.05 to serve as special investigators. The director shall assign a special investigator in rotation. A special investigator may discuss confidential matters with other special investigators. All records of matters referred to a special investigator or to the special preliminary review panel shall be retained by the director as required under SCR 22.44 and 22.45.
22.25(2)(2) Within 14 days after notice of assignment of a matter to a special investigator, the respondent may make a written request for the substitution of the special investigator. One timely request for substitution shall be granted by the director as a matter of right. Additional requests for substitution shall be granted for good cause. When a request for substitution is granted, the special investigator initially assigned shall not participate further in the matter.
22.25(3)(3) If the special investigator determines that there is not sufficient information to support an allegation of possible misconduct, the special investigator may close the matter. The special investigator shall notify the grievant in writing that the grievant may obtain review by the special preliminary review panel of the closure by submitting a written request to the special investigator. The request for review must be received by the special investigator within 30 days after the date of the letter notifying the grievant of the closure. The special investigator shall send the request for review to the special preliminary review panel consisting of 4 lawyers and 3 public members appointed by the supreme court and having a quorum of 4 members. Members of the special preliminary review panel serve staggered 3-year terms. A member may serve not more than 2 consecutive 3-year terms. Upon a timely request by the grievant for additional time, the special investigator shall report the request to the chairperson of the special preliminary review panel, who may extend the time for submission of additional information relating to the request for review. If the panel affirms the investigator's determination, the special preliminary review panel shall inform the grievant. The panel's decision affirming closure of the matter is final. If the panel does not concur in the investigator's determination, it shall direct the investigator to initiate an investigation of the matter.
22.25(4)(4) If the special investigator determines that the information provided is sufficient to support an allegation of possible misconduct, the special investigator shall conduct an investigation of the matter. Upon completion of the investigation, the special investigator shall do one of the following:
22.25(4)(a)(a) The special investigator may dismiss the matter and notify the grievant in writing that the grievant may obtain review of the dismissal by submitting to the special investigator a written request. The request for review must be received within 30 days after the date of the letter notifying the grievant of the dismissal. The special investigator shall send the request for review to the special preliminary review panel. Upon a timely request by the grievant for additional time, the special investigator shall report the request to the chairperson of the special preliminary review panel, who may extend the time for submission of additional information relating to the request for review. If the panel affirms the investigator's determination, the special preliminary review panel shall inform the grievant. The panel's decision affirming dismissal of the matter is final. If the panel does not concur in the investigator's determination, the panel shall direct the investigator to investigate the matter further.
22.25(4)(b)(b) The special investigator may prepare an investigative report and send a copy of it to the respondent and to the grievant. The respondent and grievant each may submit to the special investigator a written response to the report within 10 days after the copy of the report is sent.
22.25(5)(5) The special investigator may submit the investigative report and the response of the respondent and the grievant, if any, to the special preliminary review panel to determine whether there is cause for the special investigator to proceed in the matter. A determination of cause to proceed shall be by the affirmative vote of four or more members of the panel and does not constitute a determination that there is clear, satisfactory and convincing evidence of misconduct.
22.25(6)(a)(a) If the special preliminary review panel determines that cause to proceed in the matter has not been established, the special investigator may dismiss the matter, which is a final decision, or the special investigator may continue the investigation and resubmit the matter to the special preliminary review panel within a reasonable time after the panel's determination.
22.25(6)(b)(b) Following resubmission, if the special preliminary review panel determines that the special investigator has failed to establish cause to proceed, it shall dismiss the matter and notify in writing the special investigator, the respondent, and the grievant of the dismissal.
22.25(6)(c)(c) The special preliminary review panel shall notify the grievant in writing that the grievant may obtain review by a referee of the panel's dismissal by submitting a written request to the director. The referee shall be selected by the clerk of the supreme court, based on availability and geographic proximity to the respondent's principal office, and appointed by the chief justice or, in his or her absence, by the senior justice. The request for review must be received within 30 days after the date of the letter notifying the grievant of the dismissal. The director may, upon a timely request by the grievant for additional time, extend the time for submission of additional information relating to the request for review. The decision of the referee affirming the dismissal or referring the matter to the special investigator for further investigation is final, and there shall be no review of the referee's decision.
22.25(7)(7) If the special preliminary review panel determines that there is cause to proceed in the matter, the special investigator may take any of the actions set forth in SCR 22.08 (2). The special investigator need not obtain approval of a diversion agreement from the special preliminary review panel. In cases where the special investigator files a complaint with the supreme court, the special investigator may prosecute the complaint personally or may assign responsibility for filing, serving, and prosecuting the complaint to counsel retained by the director for such purposes.
22.25(8)(8) Allegations of malfeasance against the director, retained counsel, a member of a district committee, a member of the preliminary review committee, a member of the board of administrative oversight, a special investigator, a member of the special preliminary review panel, or a referee shall be referred by the director to the supreme court for appropriate action.
22.25(9)(9) Allegations of malfeasance against a member of the staff of the office of lawyer regulation shall be referred to the director for appropriate personnel action.
History: Sup. Ct. Order No.
99-03
, 2000 WI 106, 237 Wis. 2d xix; Sup. Ct. Order No.
01-12
, 2001 WI 120, 247 Wis. 2d xiii; Sup. Ct. Order No.
01-12A
, 2002 WI 8, 249 Wis. 2d xiii; Sup. Ct. Order No.
03-01
, 2003, WI 133, 264 Wis. 2d xiii; Sup. Ct. Order No.
04-10
, 2005 WI 56, 279 Wis. 2d xiii.
22.26SCR 22.26 Activities following suspension or revocation.
22.26(1)(1) On or before the effective date of license suspension or revocation, an attorney whose license is suspended or revoked shall do all of the following:
22.26(1)(a)(a) Notify by certified mail all clients being represented in pending matters of the suspension or revocation and of the attorney's consequent inability to act as an attorney following the effective date of the suspension or revocation.
22.26(1)(b)(b) Advise the clients to seek legal advice of their choice elsewhere.
22.26(1)(c)(c) Promptly provide written notification to the court or administrative agency and the attorney for each party in a matter pending before a court or administrative agency of the suspension or revocation and of the attorney's consequent inability to act as an attorney following the effective date of the suspension or revocation. The notice shall identify the successor attorney of the attorney's client or, if there is none at the time notice is given, shall state the client's place of residence.
22.26(1)(d)(d) Within the first 15 days after the effective date of suspension or revocation, make all arrangements for the temporary or permanent closing or winding up of the attorney's practice. The attorney may assist in having others take over clients' work in progress.
22.26(1)(e)(e) Within 25 days after the effective date of suspension or revocation, file with the director an affidavit showing all of the following:
