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Public Reprimand of Michael A. Verrilli
Michael A. Verrilli was admitted to the practice of law in Wisconsin on
June 18, 1996, State Bar No. 1022693.
Atty. Verrilli represented a defendant in a criminal matter in Milwaukee
County Circuit Court who is charged with first degree recklessly
endangering safety as a party to a crime, and carrying a concealed
weapon. Atty. Verrilli represented the defendant from May 2022 to April
2023.
On May 17, 2022, the court held a preliminary hearing. The trial was
later adjourned at Atty. Verrilli's request due to discovery issues and
Verrilli's desire to file an evidentiary motion. The court scheduled a
final pre-trial on January 26, 2023, and trial on February 13, 2023. The
deadline for defense to file motions was January 3, 2023. Atty. Verrilli
did not file any motions by this date.
The defendant filed a speedy trial demand on January 5, 2023.
The final pre-trial was rescheduled to February 1, 2023. At the final
pre-trial, Atty. Verrilli requested an extension of the motion deadline,
and an adjournment of the trial. The defendant agreed to waive his
speedy trial demand and the matter was reset for final pre-trial on
March 30, 2023, and trial on May 8, 2023.
On March 30, 2023, Atty. Verrilli failed to appear or contact the court
in response to calls and emails. An adjourned final pre-trial date was
scheduled for April 10, 2023. Atty. Verrilli was notified by email. The
court received no communication from Atty. Verrilli, and he failed to
appear for the April I 0, 2023 pre-trial.
During the April 10, 2023 pre-trial, the defendant stated Atty. Verrilli
had not contacted him prior to the court date. The defendant believed he
spoke to Atty. Verrilli once during the year he had been incarcerated on
the case. The court removed Atty. Verrilli from the case and referred
the defendant to the State Public Defender (SPD). Successor counsel was
later appointed at county expense due to delays in the SPD appointment.
On April 28, 2023, the judge emailed Atty. Verrilli requesting an
explanation for his failure to appear on behalf of the defendant, who
was in custody and had entered a speedy trial demand.
On May 10, 2023, Atty. Venilli sent a response to the court, stating in
part:
Initially, I was falling behind because I was having difficulty
viewing some of the electronic video files I received in discovery. At
some point, I began to avoid confronting the problem and then it became
harder and harder to get back on board with preparing the defense ... I
knew I needed to file a Miranda motion, which, in itself should have
been relatively simple. It was like I froze up and just didn't do what I
should have done ... It is true that there have been some major changes
in my life but I am not sure they have have (sic) been the cause of this
particular problem with my practice.
Atty. Verrilli says he does not have a good explanation for his failure
to file a motion in this matter, nor does he have a good explanation for
his failure to appear on the dates in question.
Atty. Verrilli acknowledges he needed to file a Miranda/Goodchild motion
to try to suppress the defendant's statement to police. Atty. Verrilli
states he does not know why he could not get himself to prepare and file
the motion and acknowledges that at some point, it became a "mental
block type of thing." He admits he got behind on the case and instead of
tackling the matter, retreated into a posture of avoidance to an
extreme.
By failing to appear in court on March 30, 2023 and April 10, 2023 even
though the defendant made a speedy trial request, failing to contact the
court in response to calls and emails due to his failure to appear, and
failing to prepare any of the motions he says he should have prepared,
Atty. Verrilli violated SCR 20: 1.3, which states, "A lawyer shall act
with reasonable diligence and promptness in representing a client."
Attorney Verrilli received a private reprimand on January 7, 2020.
In accordance with SCR 22.09(3), Attorney Michael A Verrilli is hereby
publicly reprimanded.
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