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Disciplinary Proceedings Against Steven D.
Johnson
On November 2, 2023, the Supreme Court of
Wisconsin issued an order suspending the law
license of Steven D. Johnson for six months,
effective December 7, 2023. The Court
further ordered Johnson to pay the costs of
the proceedings, which totaled $33,001.74.
Disciplinary Proceedings Against Johnson,
2023 WI 73.
Johnson committed five counts of misconduct.
The first is a violation of SCR 40.15 for
failing to refrain from all offensive
personality. Johnson repeatedly used
demeaning terms when addressing his staff,
who were all nonlawyers, including “bitches”
and “whores”; yelled at staff, sometimes for
extended periods of time; occasionally hit a
counter or wall when upset; on one occasion
uttered a racial slur that was overheard by
staff; and yelled at three staff members, “I
hope you and all your fucking children die,”
causing one staff member to quit immediately
because she had a child with cancer. The
second count is a violation of SCR 20:5.3(a)
and (b) for failing to adequately supervise
and train his nonlawyer staff. With his
permission but without his participation,
Johnson allowed his staff to, among other
things, draft motions and other documents,
affix Johnson’s signature to the documents,
and file them with the court; negotiate plea
deals with prosecutors using Johnson’s email;
prepare witnesses for trial; and draft demand
letters. The third count is a violation of
SCR 20:3.3(a)(1) for failing to disclose
while testifying in a small claims matter in
which he was the plaintiff that he had been
reimbursed by his insurance company for the
loss he had incurred. The fourth count is a
violation of SCR 20:1.4(b) for failing to
discuss a waiver of preliminary examination
form with his client prior to having his
client sign it. The fifth count is a second
violation of SCR 20:3.3(a)(1) for filing the
with the court a waiver of preliminary
examination form, on which he falsely
attested that he had discussed the waiver
form with his client.
In determining the appropriate level of
sanction, the Court noted that Johnson’s
pervasive verbal abuse of his staff alone
warranted a “not-inconsequential suspension.”
The Court also noted that in failing to
supervise them, he essentially “demanded or
encouraged” his nonlawyer staff to engage in
the practice of law. The Court also
considered his failure to explain “anything
at all” about the waiver of the preliminary
hearing to his client and his lack of candor
to a tribunal as both a litigant and a
lawyer. Additionally, the Court considered
the referee’s determination that Johnson was
untruthful during his disciplinary hearing,
had a questionable ability to acknowledge his
misconduct, and had prior discipline. In
2008, Johnson received a private reprimand
after being convicted of one count of
misdemeanor battery as domestic abuse
incident. In 2010, he was publicly
reprimanded for being convicted of one felony
count of child abuse (recklessly causing
harm) for an incident involving his 12-year
old son.
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