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¶7 The OLR filed a motion for summary
judgment. Following briefing, the referee
granted the summary judgment motion. The
referee noted that under SCR 22.22(3), this
court shall impose the identical discipline
imposed in another jurisdiction unless one
or more of three exceptions apply. Attorney
Peiss argued that "the procedure in the
other jurisdiction was so lacking in notice
or opportunity to be heard as to constitute
a deprivation of due process." See SCR
22.22(3)(a). Attorney Peiss claimed that
the failure of the Illinois disciplinary
authorities to personally serve him with
either of the two complaints filed in the
Illinois action was fatal to the Illinois
court's prosecution of the disciplinary case
against him. The referee disagreed.
¶8 The referee noted that the pertinent
Illinois rule, Attorney Registration and
Disciplinary Commission (ARDC) Rule 214(b)
provides that an attorney may be served
either by personal service or, if a person
authorized to make personal service files an
affidavit that the respondent resides out of
state, has left the state, on due inquiry
cannot be found, or is concealed within the
state so that process cannot be served upon
him, the respondent may be served by
ordinary mail.
¶9 The referee said a review of the
Illinois ARDC record and statements of
Attorney Peiss confirm that he was not
personally served. However, the referee
said the Illinois record makes clear that at
the time the ARDC's original complaint was
filed, Attorney Peiss was in contact with
the ARDC and was aware as early as June of
2013 that a disciplinary inquiry was under
way. In addition, the referee said
following the filing of the first complaint,
Attorney Peiss was in contact with an
investigator from the ARDC and was aware the
ARDC wanted to personally serve the
complaint on him. According to the Illinois
record, Attorney Peiss told an ARDC
investigator that he would return to Chicago
to accept service of the complaint on August
6, 2013. Attorney Peiss never made contact
with the ARDC to accept service. ARDC later
hired a process server to attempt service on
Attorney Peiss in Madison, Wisconsin, where
he was taking care of his mother who had
suffered a stroke. This attempt at personal
service was also unsuccessful and substitute
service was made by mail. Attorney Peiss
did not answer the complaint.
¶10 The referee went on to note that the
ARDC subsequently filed an amended complaint
on December 10, 2013. This complaint was
mailed to Attorney Peiss, and the record
indicates that he received the complaint but
failed to file an answer. The Illinois
matter came on for a hearing before the
Board of Illinois Attorney Registration and
Disciplinary Commission (Board) on June 16,
2014. Attorney Peiss appeared at the
hearing and was represented by counsel. The
referee noted that because the substantive
accusations of the amended complaint had
been deemed admitted by Attorney Peiss's
failure to file an answer, the hearing dealt
with the disciplinary recommendation.
However, the referee said it appeared from
the report and recommendation in the
Illinois case that the Board did allow
Attorney Peiss to make some due process
arguments pertaining to the alleged lack of
personal service, but the Board was not
persuaded by his claims. The chair of the
Board specifically said that "after
listening to respondent's testimony and
observing his demeanor at the hearing, we
did not find him credible."
¶11 The referee said:
[I]t [is] impossible to believe that
the respondent was in any way deprived of
due process in the Illinois proceedings
against him. Any problems in service were
the direct result of the respondent's own
misbehavior and not the result of any
failure on the part of the ARDC. Further,
the due process issue was considered by the
Illinois authorities at the June 2015 [sic]
hearing and respondent's arguments were
properly rejected by that tribunal.
¶12 The referee went on to point out
that Attorney Peiss "undertook the same sort
of behavior" when attempts were made to
serve the complaint in the instant action.
The referee noted that according to an
affidavit of the process server, numerous
attempts at personal service were made
without success and when the process server
finally made telephone contact with Attorney
Peiss to discuss meeting to accept service,
Attorney Peiss's response was, "ah no,"
whereupon he hung up on the process server,
after which the complaint had to be served
by mail.
¶13 The referee rejected Attorney
Peiss's argument that reciprocal discipline
was unwarranted because he was denied due
process in the Illinois proceeding. The
referee granted the OLR's motion for summary
judgment and recommended that this court
impose discipline reciprocal to that imposed
by the Supreme Court of Illinois, i.e. the
revocation of Attorney Peiss's license to
practice law in Wisconsin. The referee also
recommended that Attorney Peiss be assessed
the full costs of this proceeding.
¶14 Attorney Peiss has not appealed the
referee's report and recommendation.
Accordingly, this court reviews the matter
pursuant to SCR 22.17(2), which provides
that if no appeal is timely filed, the court
shall review the referee's report; adopt,
reject or modify the referee's findings and
conclusions or remand the matter to the
referee for additional findings; and
determine and impose appropriate discipline.
¶15 Upon careful review of the matter,
we adopt the referee's findings of fact and
conclusions of law. We agree with the
referee that Attorney Peiss failed to
demonstrate that he was denied due process
in the Illinois proceeding. Accordingly, we
approve the referee's recommendation and
impose the identical discipline imposed by
the Supreme Court of Illinois, namely the
revocation of Attorney Peiss's license to
practice law in Wisconsin. We also assess
the full costs of the proceeding against
Attorney Peiss.
¶16 IT IS ORDERED that the license of
John H. Peiss to practice law in Wisconsin
is revoked, effective the date of this
order.
¶17 IT IS FURTHER ORDERED that, to the
extent he has not already done so, John H.
Peiss shall comply with the provisions of
SCR 22.26 concerning the duties of a person
whose license to practice law in Wisconsin
has been revoked.
¶18 IT IS FURTHER ORDERED that within 60
days of the date of this order, John H.
Peiss shall pay to the Office of Lawyer
Regulation the costs of this proceeding.
¶19 IT IS FURTHER ORDERED that
compliance with all conditions of this order
is required for reinstatement. See SCR
22.28(3).
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