Thursday, March 4, 2021

Ethics Expert Endorsed Reinstatement

The Wisconsin Supreme Court has granted reinstatement with conditions to an attorney suspended in 2016 as reciprocal discipline for a Minnesota sanction

A 2016 one-year suspension imposed as discipline reciprocal to that imposed in Minnesota for engaging in a pattern of frivolous and harassing litigation, failure to obey court orders and a failure to comply with legally proper discovery requests.

Notably

The referee noted that Attorney Selmer provided positive written recommendations from five individuals who recommended his reinstatement and who attest to Attorney Selmer's "honesty and candor," "impeccable honesty," and "fair and honest" character. In addition, Attorney Selmer provided the testimony of ethics expert Professor Richard Painter, who testified on Attorney Selmer's behalf in a 2019 Minnesota reinstatement proceeding, describing Attorney Selmer as "very honest" and "very earnest.

One condition is a practice mentor. 

The court rejected the petitioner's suggestion that the appointment of a mentor was racially-motivated.

Ultimately, the referee found that nothing in this proceeding suggests that the OLR's recommendation is racially motivated and that the extent and nature of Attorney Selmer's disciplinary record - five separate disciplinary proceedings involving abuse of legal process, frivolous filings, and failure to file required reports and documents – support requiring supervision by a mentor as a condition of his reinstatement. The referee added that the appropriateness of a mentoring condition is bolstered by the fact that it has been several years since Attorney Selmer has practiced law.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2021/03/the-referee-noted-that-attorney-selmer-providedpositive-written-recommendations-from-five-individuals-whorecommended-his-rein.html

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