OLR Compendium > Public Reprimand of Charles R. Koehn

Public Reprimand of Charles R. Koehn

2000-5

In November of 1990, Attorney Charles R. Koehn received at least a $2,500 retainer to represent Lou A. Griffin regarding an appeal of Griffin’s federal criminal conviction. Koehn filed a Notice of Appeal and obtained trial transcripts. An appellate brief was due on February 22, 1991. Koehn did not file the brief, nor did he file a required jurisdictional statement.

On February 27, 1991, the U.S. Court of Appeals for the Seventh Circuit issued a Rule to Show Cause directing Mr. Koehn to file the overdue jurisdictional statement within 14 days. Koehn failed to do so. On March 6, 1991, the Court issued a Rule to Show Cause “why disciplinary action should not be taken . . . for failing to prosecute this appeal.” Koehn still did not file a response. On April 25, 1991, Koehn was fined $100 for failing to file the jurisdictional statement and failing to respond to the Rule to Show Cause. Koehn was ordered to pay the fine and file the statement by May 3, 1991.

On May 14, 1991, in response to a motion by Mr. Koehn for an extension of time, the Seventh Circuit ordered Koehn to pay the fine forthwith and file a detailed response to the Rule to Show Cause by May 20, 1991. On May 17, 1991, with Griffin’s consent, Koehn filed a voluntary motion to dismiss the appeal. On May 30, 1991, Griffin’s appeal was dismissed.

The Board concluded that by failing to file the jurisdictional statement and appellate brief, and by failing to respond to the court’s Rules to Show Cause, Mr. Koehn failed to act with reasonable diligence and promptness in representing Mr. Griffin, contrary to SCR 20:1.3.

At the time that Mr. Koehn voluntarily dismissed Mr. Griffin’s appeal, Griffin was incarcerated, and Koehn had never met with or spoken to Griffin. Koehn’s contacts with Griffin were primarily through Griffin’s wife. Koehn led the Griffins to believe that he would pursue other avenues of relief on Griffin’s behalf after the appeal was dismissed. Between June and November of 1991, Mrs. Griffin attempted to call Koehn at least ten times and wrote to Koehn at least three times seeking information about the status of the case. Koehn failed to respond to these inquiries except for one meeting with Mrs. Griffin in August of 1991. The Board concluded that Koehn thereby failed to promptly comply with reasonable requests for information, contrary to SCR 20:1.4(a).

On January 22, 1992, eight months after the voluntary dismissal of Mr. Griffin’s appeal and more than a year after Griffin’s sentencing, Mr. Koehn filed a Rule 35(b) motion requesting a reduction of Griffin’s sentence. That motion was dismissed because a Rule 35(b) motion can be filed only by the government, and then only within a year of sentencing. Koehn has acknowledged that he did not realize that a Rule 35(b) motion was available only to the government and had to be filed within one year of sentencing.

The Board concluded that Mr. Koehn’s filing of the Rule 35(b) motion, and his overall handling of Mr. Griffin’s appeal, was incompetent and in violation of SCR 20:1.1.

The dismissal of Mr. Griffin’s appeal was subsequently vacated and remanded upon the court’s finding that Griffin had received ineffective assistance of counsel. On remand, the appeal was denied. The Board required Mr. Koehn to refund the full amount of the retainer he had received from Griffin, finding that any representation he provided to Griffin on his appeal had been of no value. By signing and accepting this reprimand, Koehn asserts that he has now made a full refund.

In accordance with SCR 21.09(2), the Board of Attorneys Professional Responsibility does hereby publicly reprimand Attorney Charles R. Koehn of Green Bay, Wisconsin.