Disciplinary Proceedings Against Compton
2010 WI 112, 329 Wis.2d 318, 787 N.W.2d 831 (2010)
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ATTORNEY disciplinary
proceeding. Attorney's license
suspended.
¶1 PER CURIAM. We review a
stipulation executed by Attorney Stephen M.
Compton and the Office of Lawyer Regulation
(OLR) pursuant to SCR 22.12. In the
stipulation Attorney Compton admits that he
committed professional misconduct and he
agrees with the OLR's request that his
license to practice law in Wisconsin be
suspended for a period of two years,
commencing effective March 16, 2010, the
date Attorney Compton's license was
summarily suspended by this court.
¶2 After thoroughly reviewing the
matter, we accept the stipulation and impose
the requested discipline. Because Attorney
Compton entered into a comprehensive
stipulation prior to the appointment of a
referee, we do not require him to pay the
costs of this proceeding.
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¶3 Attorney Compton was admitted to
practice in Wisconsin in 1992. In 2002
Attorney Compton was publicly reprimanded
for falsely recording the time he worked on
a contingency fee case. Public Reprimand
of
Stephen M. Compton, 2002-06. In 2008
Attorney Compton's law license was suspended
for 60 days for misconduct related to
failing to supervise an inmate performing
legal work for him and falsely billing the
State Public Defender for work performed by
that inmate. In re Disciplinary
Proceedings
Against Compton, 2008 WI 3, 306 Wis. 2d
280,
744 N.W.2d 78.
¶4 Attorney Compton's professional
misconduct in this matter stems from events
culminating in a criminal conviction for
possession of heroin. On or about March 7,
2009, law enforcement authorities executed a
search warrant on the Lake Geneva home of
K.L. Attorney Compton was found in a room
with K.L. despite the fact that K.L. was at
the time released on felony bond with
conditions including that she not have any
contact with Attorney Compton. The search
revealed cocaine and heroin in various
locations in the room where K.L. and
Attorney Compton were found. The search
also revealed cocaine and heroin in a
vehicle that had been driven by Attorney
Compton and parked in the garage assigned to
K.L.'s residence. During the search,
Attorney Compton admitted to law enforcement
his use of heroin and cocaine.
¶5 In March 2009 Attorney Compton was
criminally charged with possession of
narcotic drugs, possession of cocaine,
possession of drug paraphernalia, and felony
bail jumping in connection with this
incident. State v. Compton, Walworth
County
Case No. 2009CF102. Cash bail amounts were
set for each defendant, and the defendants
were ordered to have no contact with each
other.
¶6 On March 8, 2009, Attorney Compton
paid cash to bond himself out of the
Walworth County jail. K.L. remained in
custody on a $10,000 cash bail. On March
11, 2009, D.M. brought $10,000 cash to the
jail for the release of K.L. A short time
later that day, D.M. admitted to law
enforcement that Attorney Compton had called
her and instructed her to go to a specific
conference room in a hotel in Delavan to
pick up a bag containing a phone and
charger, $10,000 cash, a map to the
sheriff's department, instructions on what
D.M. should tell the police if she was
questioned, and an additional $500 for D.M.
to split with K.L. Attorney Compton's
written instructions to D.M. included, in
part, that D.M. should give the phone to
K.L. and tell K.L. to use it to call
Attorney Compton, and further stated "[K.L.]
can never say I bailed her out! Never!"
¶7 On October 7, 2009, Attorney Compton
pled guilty to possession of narcotic drugs
(heroin), a class I felony, and felony bail
jumping, a class H felony. The misdemeanor
criminal charges for possession of cocaine
and possession of drug paraphernalia were
dismissed but read in. Attorney Compton was
subsequently convicted and the circuit court
imposed and stayed a prison sentence. He
was placed on probation.
¶8 On March 16, 2010, this court
summarily suspended Attorney Compton's
license to practice law in Wisconsin based
upon Attorney Compton's criminal
convictions.
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¶9 On May 6, 2010, the OLR filed a
disciplinary complaint in this matter
alleging that Attorney Compton committed
criminal acts that reflect adversely on his
honesty, trustworthiness, or fitness as a
lawyer in other respects, in violation of
SCR 20:8.4(b).
¶10 In the stipulation Attorney Compton
verifies that he understands the misconduct
allegations against him and his right to
contest those allegations; that he
understands the ramifications of the
requested discipline in the event the court
accepts the stipulation; that he understands
his right to consult counsel; and that he is
entering into the stipulation knowingly and
voluntarily. The stipulation further
provides that Attorney Compton is admitting
his misconduct and agreeing to the level of
discipline sought by the OLR, namely, a two-
year suspension of his license to practice
law in Wisconsin. The stipulation states
further that the parties did not engage in
plea bargaining or negotiations.
¶11 With respect to the recommended
discipline, the OLR considered Attorney
Compton's disciplinary history, court
precedent, aggravating and mitigating
factors under the ABA Standards for
Imposing
Lawyer Sanctions, and the particular
circumstances of this case. ABA Standard
5.12 provides that suspension is generally
appropriate when a lawyer knowingly engages
in criminal conduct that seriously adversely
reflects on the lawyer's fitness to practice
law. See also In re Disciplinary
Proceedings Against Schuh, 300 Wis. 2d
149,
730 N.W.2d 152 (2007); In re Disciplinary
Proceedings Against Kanera, 225 Wis. 2d
483,
592 N.W.2d 636 (1999); In re Disciplinary
Proceedings Against Broadnax, 225 Wis. 2d
440, 59l N.W.2d 855 (1999).
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¶12 Here, aggravating factors include
Attorney Compton's prior disciplinary
history, the pattern of misconduct, the
potential vulnerability of K.L., and the
harm to K.L. Mitigating factors include the
fact that Attorney Compton has been "wholly
cooperative in this matter," including
entering into an agreement admitting his
misconduct and agreeing to the level of
discipline sought by the OLR. He
acknowledged the wrongfulness of his conduct
and offered to turn in his law license. He
voluntarily entered into a drug treatment
program and has expressed remorse for his
conduct. The court is advised that Attorney
Compton is undergoing voluntary monitoring
and as of June 11, 2010, the monitor
reported Attorney Compton's continued
compliance with the requirements of his
monitoring program.
¶13 We approve the stipulation and adopt
the stipulated facts and legal conclusions
of professional misconduct. We agree that a
two-year suspension is appropriate and
consistent with this court's past practice.
We further agree that it is appropriate to
order the suspension to commence on March
16, 2010, the date Attorney Compton's law
license was summarily suspended by this
court. The imposition of a two-year
suspension will require Attorney Compton to
complete successfully the formal
reinstatement process in order to regain his
license to practice law in Wisconsin. See
SCRs 22.29-22.33. In light of the SCR 22.12
stipulation, we do not impose costs.
¶14 IT IS ORDERED that the license of
Stephen M. Compton to practice law in
Wisconsin is suspended for a period of two
years, effective March 16, 2010.
¶15 IT IS FURTHER ORDERED that to the
extent he has not already done so, Stephen
M. Compton shall comply with the provisions
of SCR 22.26 concerning the duties of a
person whose license to practice law in
Wisconsin has been suspended.
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