Thursday, January 24, 2008

No Suspension In Disability Matter

An attorney in Wisconsin stipulated that he suffers from a variety of medical problems relating to drug dependency as well as generalized anxiety and major depressive disorders. Rather than suspend the attorney due to medical incapacity, the Wisconsin Supreme Court found that "at times" he suffers from these conditions and ordered a two year period of monitoring with the following requirements:

"(a)  Provide full medical release forms to OLR as requested;

(b)  Maintain absolute sobriety, with monitoring to include random breathalyzer and/or urine checks;

(c)  Submit quarterly psychiatric reports to OLR;

(d)  Submit quarterly self-reports to OLR detailing his: (1) drug screens; (2) medical/mental health appointments; (3) treatment participation; (4) compliance with any medication regimen prescribed by his healthcare providers; (5) arrests; and (6) convictions."

This order is somewhat unusual in that, in many jurisdictions, a finding of incapacity leads to immediate suspension rather than monitored probation. (Mike Frisch)

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