Tuesday, September 15, 2009

Reciprocal And Sensible

The Wisconsin Supreme Court imposed a reciprocal 30 day suspension on an attorney suspended for that period of time in Arizona. The court reviewed the facts facts found in the original disciplining jurisdiction:

The following facts are taken from documents relating to the Arizona disciplinary proceedings, which were attached to the OLR's complaint and acknowledged in the parties' stipulation.  In 2002 Attorney...was the defendant in a malpractice action.  Shortly after the malpractice action was settled in February 2004, Attorney...used an assumed name to send six e-mails to the attorneys who had represented Attorney...'s former client in the malpractice action against him.  The e-mails contained profane and abusive language, and some of them contained slurs.  In addition, some of the e-mails threatened physical harm to the opposing attorneys and mentioned their home addresses, causing distress to the attorneys and their families.  The police were contacted and subsequently learned that Attorney...had been the sender of the e-mails.  Attorney...had apparently stopped sending the e-mails of his own accord prior to being apprehended by the police.

Attorney...was charged with and pled guilty to one count of misdemeanor harassment.  The Arizona trial court imposed a $2,500 fine and sentenced Attorney...to ten days of unsupervised probation.  The probationary period was subsequently waived because Attorney ...immediately paid the fine.

The court found the record from Arizona reflected a thorough proceeding and deferred to the Arizona sanction determination. Arizona also had imposed a two-year probation. The court found that this aspect of the sanction is fulfilled by successful completion of the Arizona probation rather than through supervision in Wisconsin.

The trend of email-related misconduct continues. (Mike Frisch)


Bar Discipline & Process | Permalink

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