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¶3 The standards that apply to all
petitions seeking reinstatement after a
disciplinary suspension/revocation are set
forth in SCR 22.31(1). In particular, the
petitioning attorney must demonstrate by
clear, satisfactory, and convincing evidence
that he or she has the moral character
necessary to practice law in this state,
that his or her resumption of the practice
of law will not be detrimental to the
administration of justice or subversive of
the public interest, and that the attorney
has complied fully with the terms of the
suspension order and SCR 22.26. In
addition, SCR 22.31(1)(c) incorporates the
statements that a petition for reinstatement
must contain pursuant to SCR 22.29(4)(a)-
(4m). Thus, the petitioning attorney must
demonstrate that the required
representations in the reinstatement
petition are substantiated.
¶4 Attorney Chvala was admitted to
practice law in Wisconsin in January 1979.
In addition to practicing law, for a number
of years he served as a state senator,
becoming minority leader and then majority
leader in the senate.
¶5 On May 2, 2007, based on a
stipulation between Attorney Chvala and the
Office of Lawyer Regulation (OLR), this
court suspended Attorney Chvala's license to
practice law for a period of two years,
retroactive to April 10, 2006, which was the
date on which Attorney Chvala's license had
been summarily suspended. In re
Disciplinary Proceedings Against Chvala,
2007 WI 47, ¶15, 300 Wis. 2d 206, 730 N.W.2d
648. Attorney Chvala's suspension resulted
from his criminal convictions, based on his
guilty pleas under a plea agreement, for two
felonies: misconduct in public office and
being party to the crime of making campaign
contributions in excess of lawful limits.
In addition, six other felony counts were
dismissed and read in for sentencing
purposes while the remaining counts were
simply dismissed on the prosecutor's
motion. See State v. Straszkowki,
2008 WI
65, _ Wis. 2d _, 750 N.W.2d 835
(discussing effect of "read-in charges").
The circuit court withheld sentence and
placed Attorney Chvala on probation for a
period of two years, with the condition that
he spend nine months in the county jail with
work-release privileges.
¶6 On January 10, 2008, Attorney Chvala
filed a petition seeking the reinstatement
of his license to practice law. As required
by SCR 22.29, the petition stated, among
other things, that Attorney Chvala had not
practiced law during his suspension, that he
had otherwise complied with the terms of the
suspension order, that he had maintained
competence in the law by attending 32 hours
of continuing legal education (including
four hours regarding legal ethics) in 2007,
that he had been successfully released from
probation on December 15, 2007, and that he
had paid all fines and costs imposed on him
in the prior criminal proceeding. The
petition averred that during the period of
suspension, Attorney Chvala had worked on
developing commercial real estate projects,
had managed other business projects, had
acted as a commercial real estate broker
until August 1, 2007, and had performed
marketing consulting services. The petition
further stated that Attorney Chvala
intended, if reinstated, to engage in the
general practice of law as he had done prior
to the suspension of his license.
¶7 The Board of Bar Examiners (BBE) and
the OLR both submitted memoranda prior to
the reinstatement hearing supporting
reinstatement on the basis of the facts
known to them. The OLR's pre-hearing
memorandum, which was quite lengthy,
described the results of its investigation
concerning the petition for reinstatement.
The OLR noted that it had obtained from
Attorney Chvala the names of five
references, each of whom was an attorney,
and that each of the references had given a
favorable recommendation in support of
Attorney Chvala's reinstatement. One
reference stated that he had observed
Attorney Chvala strictly complying with the
terms of his suspension, including telling
individuals that he could no longer practice
law and suggesting that they consult a
licensed attorney. Another reference also
indicated that Attorney Chvala had sent
individuals to consult with him since
Attorney Chvala could not represent them.
The OLR concluded that based on the
information it had obtained during its
investigation, Attorney Chvala had satisfied
the requirements for reinstatement.
¶8 Attorney Kim Peterson was appointed
referee in this matter. Referee Peterson
held a reinstatement hearing on May 23,
2008.
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