Disciplinary Proceedings Against Kotz
2012 WI 108 (2012)
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ATTORNEY disciplinary
proceeding. Attorney's license revoked.
¶1 PER CURIAM. This is a reciprocal
discipline matter. We review the
stipulation entered by Attorney James Cyril
Kotz and the Office of Lawyer Regulation
(OLR) for the imposition of discipline
reciprocal to that imposed by the Supreme
Court of Illinois. After our review of the
matter, we accept the stipulation. By
virtue of having been disbarred by the
Supreme Court of Illinois for violation of
the Illinois Rules of Professional Conduct,
Attorney Kotz is subject to reciprocal
discipline in Wisconsin. We revoke Attorney
Kotz's license to practice law in
Wisconsin. The OLR does not seek costs.
Accordingly, no costs will be imposed.
¶2 Attorney Kotz was admitted to the
practice of law in Illinois in 1992. He was
admitted to the practice of law in Wisconsin
in February 1994. His Wisconsin law license
was suspended on October 31, 2006, for
failure to pay state bar dues and
assessments and remains suspended.
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¶3 On February 9, 2011, Attorney Kotz
was charged in federal district court with
violating 26 U.S.C. § 7212(a) by creating a
fictitious scheme to conceal the receipt of
taxable income garnered through the sale of
real estate and creating a fictitious
corporation to further this scheme. On
February 25, 2011, Attorney Kotz entered a
guilty plea to the charge. On May 26, 2011,
he was convicted and sentenced to a term of
three years' probation, with the first 90
days to be spent in home confinement with
electronic monitoring. In addition to the
mandatory and standard conditions of
probation, Attorney Kotz was ordered to
repay the $800 "buy money," was fined $3,000
which was payable within 30 days of the
order, and was ordered to surrender his law
license. United States v. Kotz, No. 09
CR
236-3 (U.S. Dist. Court, N.D. Ill.).
¶4 A disciplinary proceeding was
initiated against Attorney Kotz in Illinois
as a result of the actions giving rise to
the criminal conviction. On August 8, 2011,
Attorney Kotz moved the Supreme Court of
Illinois to remove his name from the roll of
attorneys. Attorney Kotz signed an
affidavit admitting that he violated the
1990 Illinois Rules of Professional Conduct
(IRPC) or the Illinois Supreme Court Rules
by committing a criminal act——violation of
26 U.S.C. § 7212(a)——that reflected
adversely on the lawyer's honesty,
trustworthiness or fitness as a lawyer in
other respects, in violation of Rule 8.4(a)
(3) of the IRPC; engaging in conduct
involving dishonesty, deceit, fraud, or
misrepresentation, in violation of Rule 8.4
(a)(4) of the IRPC; engaging in conduct
which is prejudicial to the administration
of justice, in violation of Rule 8.4(a)(5)
of the IRPC; and engaging in conduct which
tends to defeat the administration of
justice, or to bring the courts or the legal
profession into disrepute in violation of
Illinois Supreme Court Rule 770. Attorney
Kotz conceded that his judgment of
conviction would be conclusive evidence of
his guilt at a disciplinary hearing on these
charges.
¶5 On September 20, 2011, the Illinois
Supreme Court issued an order and mandate
striking Attorney Kotz's name from the roll
of Illinois attorneys, effectively
disbarring him. Attorney Kotz failed to
notify the Office of Lawyer Regulation (OLR)
of the Illinois disbarment within 20 days of
its effective date.
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¶6 On June 18, 2012, the OLR filed a
formal disciplinary complaint against
Attorney Kotz. The OLR's complaint in this
matter asks that Attorney Kotz's license to
practice law in Wisconsin be revoked as
reciprocal discipline under SCR 22.22.
¶7 On June 27, 2012, this court ordered
Attorney Kotz to inform the court of any
claim, predicated upon the grounds set forth
in SCR 22.22(3), why the imposition of
discipline identical to that imposed by the
Supreme Court of Illinois would be
unwarranted, and of the factual basis for
any such claim. Attorney Kotz did not
respond.
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¶8 Subsequently, on August 27, 2012,
Attorney Kotz and the OLR executed a
stipulation. The stipulation states that by
virtue of being disbarred by the Supreme
Court of Illinois for his misconduct,
Attorney Kotz is subject to reciprocal
discipline pursuant to SCR 22.22. Attorney
Kotz stipulates that he does not claim any
of the potential defenses articulated in SCR
22.22(3)(a) through (c). Attorney Kotz
agrees that it is appropriate for this court
to revoke his license to practice law in
Wisconsin, reciprocal to the discipline
imposed in Illinois.
¶9 The stipulation states it is not the
result of plea bargaining, that Attorney
Kotz admits the facts and misconduct
alleged, and that Attorney Kotz verifies he
fully understands the misconduct
allegations. Attorney Kotz stipulates he
fully understands the ramifications should
the court impose the stipulated level of
discipline; he fully understands his right
to contest the matter and his right to
consult with and retain counsel. Attorney
Kotz acknowledges that he enters into the
stipulation knowingly and voluntarily.
¶10 Upon our review of the matter, we
accept the stipulation and impose discipline
identical to that imposed by the Supreme
Court of Illinois. See SCR 22.22(3).
We
therefore revoke Attorney Kotz's license to
practice law in Wisconsin. Because it was
not necessary to appoint a referee or incur
the costs of a full disciplinary proceeding,
we do not require Attorney Kotz to pay the
costs of this proceeding.
¶11 IT IS ORDERED that the license of
James Cyril Kotz to practice law in
Wisconsin is revoked, effective as of the
date of this order.
¶12 IT IS FURTHER ORDERED that if he has
not already done so, James Cyril Kotz shall
comply with the requirements of SCR 22.26
pertaining to the duties of a person whose
license to practice law in Wisconsin has
been revoked.
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