Public Reprimand of Crystal L. Saltzwadel
2020-OLR 3
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Crystal L. Saltzwadel is a Wisconsin-licensed
attorney who practices in Oak Creek,
Wisconsin. Saltzwadel engaged in misconduct
in six matters investigated by the Office of
Lawyer Regulation (OLR).
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On or about September 25, 2017, the State
Public Defender’s office appointed
Saltzwadel to represent a client in a
Revocation of Extended Supervision
proceeding before the State of Wisconsin
Division of Hearings and Appeals. Following
a 2006 criminal conviction in Milwaukee
County Circuit Court and a period of
imprisonment, the client had been released
on extended supervision on August 11, 2015.
On August 21, 2017, the client was placed on
a supervision hold and admitted to a
Milwaukee area secure detention facility.
Saltzwadel met with her client on the day
before the scheduled October 18, 2017
hearing in the matter and informed him there
would be ten business days to file an appeal
of the decision. Following the October 18,
2017 hearing, a decision was rendered in the
revocation matter on October 20, 2017. The
appeal deadline was November 3, 2017. On or
about October 25, 2017, the client received
a copy of the decision and attempted to
contact Saltzwadel about filing an appeal,
but Saltzwadel failed to respond. After
hearing nothing from Saltzwadel, the client
sent a letter dated October 31, 2017 to the
Division of Hearings and Appeals, stating he
had not heard from his lawyer and requesting
an extension of time to file an appeal on
his own behalf.
On November 2, 2017, Saltzwadel met with her
client to discuss filing an appeal. The
only appeal ever received by the Division of
Hearings and Appeals, however, was a
handwritten one filed by the client himself.
Saltzwadel’s failure to actually file an
appeal was compounded by her failure to
accurately inform her client as to case
status and to respond to his inquiries.
Saltzwadel provided an initial response to
the client’s grievance, but failed to
respond to subsequent letters from OLR
requesting additional information. In
response to a Supreme Court Order to Show
Cause, on February 19, 2019, Saltzwadel
submitted a supplemental response to the
Wisconsin Supreme Court, but still did not
provide OLR with copies of documents she
referred to in her earlier response to OLR.
By failing to file an appeal in the client’s
revocation matter, Saltzwadel violated SCR
20:1.3, which states, “A lawyer shall act
with reasonable diligence and promptness in
representing a client.”
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By failing to accurately inform the client
regarding the status of any appeal filed in
the matter of the revocation decision, and by
failing to respond to his requests for
information regarding case status, Saltzwadel
violated SCR 20:1.4(a)(3) and (4), which
state, “A lawyer shall…(3) keep the client
reasonably informed about the status of the
matter; (4) promptly comply with reasonable
requests by the client for information.”
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By willfully failing to respond to OLR’s
requests for additional information relating
to the client’s grievance, Saltzwadel
violated SCR 22.03(6), which states:
In the course of the
investigation, the respondent's willful
failure to provide relevant information, to
answer questions fully, or to furnish
documents and the respondent's
misrepresentation in a disclosure are
misconduct, regardless of the merits of the
matters asserted in the grievance.
SCR 22.03(6) is enforced under the Rules of
Professional conduct via SCR 20:8.4(h),
which states, “It is professional misconduct
for a lawyer to fail to cooperate in the
investigation of a grievance filed with the
office of lawyer regulation as required by
SCR 21.15(4), SCR 22.001(9)(b), SCR
22.03(2), SCR 22.03(6) or SCR 22.04(1).”
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On December 15, 2017, Saltzwadel became the
second attorney appointed by the State
Public Defender’s office to represent a
client on criminal charges filed in
Milwaukee County Circuit Court. On December
22, 2017, Saltzwadel appeared at a status
conference in the matter. Thereafter, the
court scheduled a final pre-trial for
January 17, 2018, with a jury trial set for
January 24, 2018. On January 17, 2018,
Saltzwadel appeared at the pre-trial hearing
and informed the court she had been unable
to meet with her client due to difficulty
locating him in the prison system. The court
adjourned the final pre-trial for March 9,
2018, with a jury trial set for April 18,
2018.
On March 9, 2018, Saltzwadel appeared at the
pre-trial hearing with her client.
Saltzwadel made a motion to adjourn the
April 18, 2018 jury trial. The court
scheduled a final pre-trial in the matter
for July 23, 2018, with a jury trial set for
August 20, 2018. The client wrote to
Saltzwadel on May 9, 2018, complaining of a
lack of any contact and communication with
Saltzwadel since the March 9, 2018 court
appearance.
On June 6, 2018, the client filed a
grievance with OLR alleging Saltzwadel had
failed to return his calls or respond to his
letters regarding the status of his case,
and the only communication he had with
Saltzwadel since her appointment was for a
few minutes before his March 9, 2018 court
appearance. The client specifically wanted
to find out whether evidence and discovery
had been obtained for his upcoming trial.
On July 23, 2018, Saltzwadel appeared in
court with her client at the final pre-
trial, at which time the State requested an
adjournment to allow the appearance of an
out-of-state witness. A final pre-trial was
rescheduled for August 10, 2018, with the
trial set for August 20, 2018. Saltzwadel
met with her client about his trial on July
24, 2018. In an August 1, 2018 letter to
Saltzwadel, the client thanked Saltzwadel
for the July 24, 2018 meeting, but asserted
a lack of communication from Saltzwadel
giving rise to a concern on his part over
whether Saltzwadel had taken steps to be
ready for trial on August 20, 2018.
On August 1, 2018, Saltzwadel filed a Notice
of Motion and Motion to Adjourn the Final
Pretrial and Trial in the matter. A hearing
on the motion was held on August 7, 2018,
and the Court granted the motion. The case
was adjourned for a final pre-trial
conference on September 6, 2018, with a jury
trial set for September 26, 2018.
In correspondence dated August 1, 2018, OLR
provided Saltzwadel notice that her client
had filed a grievance, and requested a
written response. No response was received
from Saltzwadel.
On or about August 28, 2018, the client sent
Saltzwadel another letter inquiring as to
the status of his case and whether all of
the evidence had been obtained. On
September 6, 2018, Saltzwadel appeared with
her client at the final pre-trial hearing
and requested an adjournment of the trial
date. The Court granted the adjournment and
set a final pre-trial for December 18, 2018,
with a jury trial set for January 9, 2019.
On December 18, 2018, Saltzwadel appeared
without her client at the final pre-trial
hearing. The jury trial remained calendared
for January 30, 2019. On January 3, 2019,
OLR received correspondence from the client
dated December 28, 2018, stating that he had
been scheduled to attend the final pre-trial
in his case on December 18, 2018, but was
not allowed to attend and he still had no
communication with Saltzwadel regarding the
status of his case.
The client made a written request to the
court that Saltzwadel withdraw as counsel,
and Saltzwadel made a motion to do so. On
January 23, 2019, a hearing was held on
Saltzwadel’s Motion to Withdraw as counsel.
The Court granted the motion and ordered
Saltzwadel to inform the SPD that
appointment of new counsel was needed. The
client’s case was adjourned for a status
hearing on February 8, 2019. Successor
counsel was appointed effective February 18,
2019.
Following her initial failure to provide OLR
a response to the August 1, 2019 notice of
grievance, and only after the issuance of a
Supreme Court Order to Show Cause, on
February 19, 2019, Saltzwadel submitted
correspondence (dated November 21, 2018) to
the Wisconsin Supreme Court responding to
the grievance. Saltzwadel’s response showed
that in the 13 months she represented the
client, she had one in-person meeting with
him not connected to a court appearance, and
responded to one letter, notwithstanding
multiple reasonable written inquiries from
the client.
By failing to respond to reasonable client
status inquiries or otherwise act to keep
the client reasonably informed regarding the
representation, Saltzwadel violated SCR
20:1.4(a)(3) and (4), which state, “A lawyer
shall…(3) keep the client reasonably
informed about the status of the matter; (4)
promptly comply with reasonable requests by
the client for information.”
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By willfully failing to provide OLR with a
timely response to the client’s grievance,
Saltzwadel violated SCR 22.03(2), which
states:
Upon commencing an investigation, the
director shall notify the respondent of the
matter being investigated unless in the
opinion of the director the investigation of
the matter requires otherwise. The
respondent shall fully and fairly disclose
all facts and circumstances pertaining to
the alleged misconduct within 20 days after
being served by ordinary mail a request for
a written response. The director may allow
additional time to respond. Following
receipt of the response, the director may
conduct further investigation and may compel
the respondent to answer questions, furnish
documents, and present any information
deemed relevant to the investigation.
and SCR 22.03(6), which states:
In the course of the investigation,
the respondent's wilful failure to provide
relevant information, to answer questions
fully, or to furnish documents and the
respondent's misrepresentation in a
disclosure are misconduct, regardless of the
merits of the matters asserted in the
grievance.
SCR 22.03(2) and SCR 22.03(6) are enforced
under the Rules of Professional conduct via
SCR 20:8.4(h), which states, “It is
professional misconduct for a lawyer to fail
to cooperate in the investigation of a
grievance filed with the office of lawyer
regulation as required by SCR 21.15(4), SCR
22.001(9)(b), SCR 22.03(2), SCR 22.03(6) or
SCR 22.04(1).”
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Saltzwadel was appointed to represent a
client on drug-related criminal charges in
Milwaukee County Circuit Court. Saltzwadel
appeared at the Preliminary Hearing and the
court found probable cause to bind the
client over for trial. On July 26, 2017,
Saltzwadel appeared at a scheduling
conference.
Saltzwadel and her client appeared in court
on March 15, 2018, at which time the court
set June 6, 2018 as the date for the final
pre-trial, and scheduled a jury trial for
June 25, 2018. The June 6, 2018 proceedings
were converted to a plea and sentencing
hearing. Saltzwadel and her client appeared
on that date, at which time the client pled
guilty to three counts (one as party to a
crime) of Manufacturing and Delivery of
Heroin. The three remaining counts were
dismissed, but read-in. The client received
a total sentence of six years in state
prison and six years extended supervision.
On July 2, 2018, the client filed a
grievance with OLR, stating he had requested
information from his case file from
Saltzwadel, including copies of discovery
and sentencing transcripts so he could
pursue appellate remedies, but Saltzwadel
had failed to respond to his requests.
By letter dated August 1, 2018, OLR provided
Saltzwadel with notice of the grievance and
her duty to respond. Saltzwadel failed to
respond to OLR. On February 19, 2019, only
after issuance of a Supreme Court Order to
Show Cause, Saltzwadel filed a response
(dated November 20, 2018) to the client’s
grievance with the Wisconsin Supreme Court.
Saltzwadel’s response sufficiently addressed
the substance of the grievance.
By willfully failing to provide OLR with a
timely response to the client’s grievance,
Saltzwadel violated SCR 22.03(2), which
states:
Upon commencing an investigation, the
director shall notify the respondent of the
matter being investigated unless in the
opinion of the director the investigation of
the matter requires otherwise. The
respondent shall fully and fairly disclose
all facts and circumstances pertaining to
the alleged misconduct within 20 days after
being served by ordinary mail a request for
a written response. The director may allow
additional time to respond. Following
receipt of the response, the director may
conduct further investigation and may compel
the respondent to answer questions, furnish
documents, and present any information
deemed relevant to the investigation.
and SCR 22.03(6), which states:
In the course of the investigation,
the respondent's wilful failure to provide
relevant information, to answer questions
fully, or to furnish documents and the
respondent's misrepresentation in a
disclosure are misconduct, regardless of the
merits of the matters asserted in the
grievance.
SCR 22.03(2) and SCR 22.03(6) are enforced
under the Rules of Professional conduct via
SCR 20:8.4(h), which states, “It is
professional misconduct for a lawyer to fail
to cooperate in an investigation of a
grievance filed with the office of lawyer
regulation as required by SCR 21.15(4), SCR
22.009(b), SCR 22.03(2), SCR 22.03(6) or SCR
22.04(1).”
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On or about January 22, 2018, Saltzwadel was
appointed by the State Public Defender’s
(SPD’s) office to represent a client on
criminal charges filed in Milwaukee County
Circuit Court. Saltzwadel was the second
SPD-appointed attorney to represent the
client.
On January 23, 2018 Saltzwadel appeared with
her client at a status conference and
requested a hearing date on a bail/bond
motion, which was scheduled for February 2,
2018. Saltzwadel appeared at the February
2, 2018 bail hearing and the court denied
bail. The court set a pre-trial hearing for
March 13, 2018 with a jury trial scheduled
for April 16, 2018. On March 13, 2018,
Saltzwadel appeared with her client at the
final pre-trial and requested an additional
pre-trial, which the court set for March 27,
2018, with the jury trial still scheduled
for April 16, 2018.
Saltzwadel appeared at the March 27, 2018
final pre-trial with the client’s appearance
waived. Saltzwadel informed the court the
case remained in trial posture and informed
the court there were no remaining issues to
address. On April 16, 2018, Saltzwadel
appeared in court with her client and
informed the court she had a trial on
another case and needed an adjournment. A
final pre-trial was reset for May 17, 2018,
with a trial date of June 25, 2018.
On May 17, 2018, Saltzwadel appeared with
her client at the final pre-trial and
indicated the matter was still in trial
posture, with the matter still scheduled for
trial on June 25, 2018. On June 25, 2018,
Saltzwadel contacted the court regarding her
inability to appear in the client’s matter
due to a family emergency. The court re-set
a scheduling conference for July 10, 2018.
Saltzwadel attended the July 10, 2018
scheduling conference and was advised to
file a bail review, with a bail/bond hearing
set for July 16, 2018. On July 16, 2018,
Saltzwadel appeared with her client, and the
court ordered $1,000 cash bail with GPS
monitoring or if no GPS available, $10,000
for bail with level 5 monitoring. The
matter was set for jury trial to begin on
September 24, 2018.
On September 24, 2018, Saltzwadel appeared
with her client for the jury trial. On
September 25, 2018, Saltzwadel informed the
court her client had requested that she
withdraw as counsel. The court denied the
request. Saltzwadel continued to represent
the client during the remainder of the
trial. On September 26, 2018, the client
was found guilty as to all counts.
Sentencing was scheduled for October 26,
2018. The sentencing hearing was eventually
adjourned to February, 2019, to await the
outcome of another matter involving the
client. Following sentencing, a Notice of
Intent to Pursue Postconviction Relief was
filed on February 22, 2019.
On September 18, 2018 and October 2, 2018,
the client contacted OLR alleging Saltzwadel
had failed to keep him informed about his
case and failed to fully explain matters
that were crucial to his case, missed
multiple deadlines, never filed the motions
he requested and missed a filing deadline
for a motion. The client also alleged
Saltzwadel had done little or no
investigation on his case, was not prepared
for trial, and failed to assist the client
in ensuring he received credit for time
served.
By letter dated October 31, 2018, OLR
provided Saltzwadel with notice of the
client’s grievance, and requested a response
to the grievance. Saltzwadel failed to
respond. On February 19, 2019, only after
issuance of a Supreme Court Order to Show
Cause, Saltzwadel filed a response (dated
November 19, 2018) with the Wisconsin
Supreme Court. Saltzwadel’s response
sufficiently addressed the substance of the
grievance.
By willfully failing to provide OLR with a
timely response to the client’s grievance,
Saltzwadel violated SCR 22.03(2), which
states:
Upon commencing an investigation, the
director shall notify the respondent of the
matter being investigated unless in the
opinion of the director the investigation of
the matter requires otherwise. The
respondent shall fully and fairly disclose
all facts and circumstances pertaining to
the alleged misconduct within 20 days after
being served by ordinary mail a request for
a written response. The director may allow
additional time to respond. Following
receipt of the response, the director may
conduct further investigation and may compel
the respondent to answer questions, furnish
documents, and present any information
deemed relevant to the investigation.
and SCR 22.03(6), which states:
In the course of the investigation,
the respondent's wilful failure to provide
relevant information, to answer questions
fully, or to furnish documents and the
respondent's misrepresentation in a
disclosure are misconduct, regardless of the
merits of the matters asserted in the
grievance.
SCR 22.03(2) and SCR 22.03(6) are enforced
under the Rules of Professional Conduct via
SCR 20:8.4(h), which states, “It is
professional misconduct for a lawyer to fail
to cooperate in the investigation of a
grievance filed with the office of lawyer
regulation as required by SCR 21.15(4), SCR
22.001(9)(b), SCR 22.03(2), SCR 22.03(6), or
SCR 22.04(1).”
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On June 29, 2017, Saltzwadel was appointed
by the State Public Defender’s office to
represent a client in a criminal case filed
in Milwaukee County Circuit Court, and on
July 7, 2017 to represent the same client in
a second criminal case, also filed in
Milwaukee County Circuit Court. In
September, 2017, the charges in the second
case were dismissed.
In December, 2017, the client was charged
with additional criminal charges in a third
case filed in Milwaukee County Circuit
Court. On December 4, 2017, Saltzwadel was
appointed by the SPD to represent the client
in that case as well.
In March, 2018, the client was found guilty
following a jury trial in the two surviving
cases, and subsequently sentenced to a total
of 26 years imprisonment. On March 29,
2018, the date of the sentencing hearing,
the client and Saltzwadel signed a Notice of
Right to Seek Postconviction Relief form.
On the Notice of Right to Seek
Postconviction Relief form, the client
indicated he planned to seek postconviction
relief. Saltzwadel also signed the form,
which contained an acknowledgement of her
duty to file the Notice of Intent to Pursue
Postconviction Relief and the 20-day time
limit for doing so.
After hearing nothing from Saltzwadel
regarding case status or any additional
steps to take in connection with the pursuit
of postconviction relief, the client, in
error, wrote to the United States District
Court for the Eastern District of Wisconsin
for an update. The federal court forwarded
the client’s inquiry to the Milwaukee County
Clerk of Circuit Court. A staff attorney in
the Clerk’s office wrote to the client on
June 19, 2018, and explained there was no
appeal pending in his cases because no
notice of intent to pursue postconviction
relief had been filed. The client was
advised that in order to reinstate his
appellate rights, he would need to petition
the Wisconsin Court of Appeals for an
extension of time to file a Notice of Intent
to Pursue Postconviction Relief.
In an August 1, 2018 Order, the Court of
Appeals extended the deadline for the client
to file the requisite notices to September
14, 2018, and ordered Saltzwadel to assist
her client in doing so. A proper Notice of
Intent was filed on August 8, 2018.
Saltzwadel’s initial failure to file the
Notice of Intent to Pursue Postconviction
Relief was compounded by her failure to
inform her client that the Notice had not
been filed.
By letter dated October 31, 2018, OLR
provided Saltzwadel with notice of the
client’s grievance, and requested a response
to the grievance. Saltzwadel failed to
respond. On February 19, 2019, only after
issuance of a Supreme Court Order to Show
Cause, Saltzwadel filed a response (dated
November 19, 2018) with the Supreme Court.
Saltzwadel did not have an explanation for
her initial failure to file a Notice of
Intent to Pursue Postconviction Relief.
By her initial failure to timely file the
Notice of Intent to Pursue Postconviction
Relief on behalf of the client, Saltzwadel
violated SCR 20:1.3, which states, “A lawyer
shall act with reasonable diligence and
promptness in representing a client.”
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By failing to promptly inform the client that
a Notice of Intent had not been timely filed,
Saltzwadel violated SCR 20:1.4(a)(3), which
states, “A lawyer shall…(3) keep the client
reasonably informed about the status of the
matter.
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By willfully failing to provide OLR with a
timely response to the client’s grievance,
Saltzwadel violated SCR 22.03(2), which
states:
Upon commencing an investigation, the
director shall notify the respondent of the
matter being investigated unless in the
opinion of the director the investigation of
the matter requires otherwise. The
respondent shall fully and fairly disclose
all facts and circumstances pertaining to
the alleged misconduct within 20 days after
being served by ordinary mail a request for
a written response. The director may allow
additional time to respond. Following
receipt of the response, the director may
conduct further investigation and may compel
the respondent to answer questions, furnish
documents, and present any information
deemed relevant to the investigation.
and SCR 22.03(6), which states:
In the course of the investigation,
the respondent's wilful failure to provide
relevant information, to answer questions
fully, or to furnish documents and the
respondent's misrepresentation in a
disclosure are misconduct, regardless of the
merits of the matters asserted in the
grievance.
SCR 22.03(2) and SCR 22.03(6) are enforced
under the Rules of Professional Conduct via
SCR 20:8.4(h), which states, “It is
professional misconduct for a lawyer to fail
to cooperate in the investigation of a
grievance filed with the office of lawyer
regulation as required by SCR 21.15(4), SCR
22.001(9)(b), SCR 22.03(2), SCR 22.03(6), or
SCR 22.04(1).”
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On February 1, 2018, Saltzwadel was
appointed by the State Public Defender’s
Office to represent a client in a criminal
matter filed in Milwaukee County Circuit
Court.
On February 5, 2018, Saltzwadel appeared in
court with her client at which time the
court denied Saltzwadel’s motion to dismiss
and found probable cause to bind the client
over for trial. Scheduling conferences were
held on February 20, 2018, March 29, 2018,
April 26, 2018 and May 24, 2018. The client
made a court appearance for the March 29,
2018 status conference. A final pretrial
was scheduled for August 27, 2018 with a
jury trial set for October 8, 2018. The
August 27, 2018 final pretrial was adjourned
to September 27, 2018.
On August 15, 2018, OLR received a grievance
from the client alleging Saltzwadel had
failed to keep him informed about his case,
failed to promptly provide him with all of
his discovery and failed to file motions in
his case.
On September 24, 2018, Saltzwadel filed a
Motion to Withdraw as counsel for the
client, with the final pretrial still set
for September 27, 2018. At the September
27, 2018 pretrial, Saltzwadel informed the
court that there had been a breakdown in
communication with the client that was
irreconcilable. Saltzwadel’s motion to
withdraw was granted by the court and
Saltzwadel was to notify the SPD’s office
that new counsel needed to be appointed.
In correspondence dated October 31, 2018,
OLR provided Saltzwadel with notice of the
client’s grievance, and requested a response
by no later than November 23, 2018. No
response was received from Saltzwadel.
On February 19, 2019, only after issuance of
a Supreme Court Order to Show Cause,
Saltzwadel filed a response (dated November
19, 2018) with the Supreme Court.
Saltzwadel’s response sufficiently addressed
the substance of the grievance.
By willfully failing to provide OLR with a
timely response to the client’s grievance,
Saltzwadel violated SCR 22.03(2) which
states:
Upon commencing an investigation, the
director shall notify the respondent of the
matter being investigated unless in the
opinion of the director the investigation of
the matter requires otherwise. The
respondent shall fully and fairly disclose
all facts and circumstances pertaining to
the alleged misconduct within 20 days after
being served by ordinary mail a request for
a written response. The director may allow
additional time to respond. Following
receipt of the response, the director may
conduct further investigation and may compel
the respondent to answer questions, furnish
documents, and present any information
deemed relevant to the investigation.
and SCR 22.03(6), which states:
In the course of the investigation,
the respondent's wilful failure to provide
relevant information, to answer questions
fully, or to furnish documents and the
respondent's misrepresentation in a
disclosure are misconduct, regardless of the
merits of the matters asserted in the
grievance.
SCR 22.03(2) and SCR 22.03(6) are enforced
under the Rules of Professional conduct via
SCR 20:8.4(h), which states: “It is
professional misconduct for a lawyer to fail
to cooperate in the investigation of a
grievance filed with the office of lawyer
regulation as required by SCR 21.15(4), SCR
22.001(9)(b), SCR 22.03(2), SCR 22.03(6) or
SCR 22.04(1).”
Saltzwadel has no prior discipline.
In accordance with SCR 22.09(3), Attorney
Crystal L. Saltzwadel is hereby publicly
reprimanded.
Dated this 27th day of February, 2020.
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