Disciplinary Proceedings Against Templeton
2019 WI 29, 3/21/19 (2019)
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ATTORNEY disciplinary proceeding.
Attorney's license suspended.
¶1 PER CURIAM. We review a
stipulation filed pursuant to Supreme Court
Rule (SCR) 22.12 by the Office of Lawyer
Regulation (OLR) and Attorney David P. F.
Templeton. In the stipulation, Attorney
Templeton admits that he committed
professional misconduct, and he agrees with
the OLR's request that his license to
practice law be suspended for a period of
six months. He further agrees that the
court should impose various conditions upon
the reinstatement of his license to practice
law.
¶2 After careful review of the matter,
we accept the stipulation and impose the
requested discipline. Because Attorney
Templeton 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 Templeton was admitted to
practice law in Wisconsin in 2004 and
practiced in Menasha. He has no prior
disciplinary history. Effective May 31,
2017, his license to practice law was
suspended for failure to comply with
continuing legal education reporting
requirements. Effective October 31, 2017,
his license to practice law was suspended
for failure to pay state bar dues and
provide the OLR trust account certification.
Attorney Templeton's license remains
suspended.
¶4 On December 27, 2018, the OLR filed
a complaint alleging that Attorney Templeton
had engaged in three counts of professional
misconduct. The complaint sought a six-
month suspension of his license to practice
law in Wisconsin. Attorney Templeton filed
a handwritten answer on January 7, 2019,
stating that he accepts the OLR's findings
and recommendations and that he takes full
responsibility for his misconduct.
¶5 On January 18, 2019, the OLR and
Attorney Templeton filed a stipulation
pursuant to SCR 22.12. The following facts
are taken from the stipulation.
¶6 On June 22, 2017, Village of Fox
Crossing Police Department Investigator
Jeremiah Gustafson provided information to
the OLR about Attorney Templeton, advising
that Attorney Templeton was under
investigation for suspected drug-related
conduct. Investigator Gustafson was working
with an investigator from the Lake Winnebago
Metropolitan Enforcement Group (MEG) and a
confidential informant (CI). MEG is a
multi-jurisdictional law enforcement task
force concentrating on illegal drugs that
uses CIs to gather evidence. The CI and
Attorney Templeton had discussed the
possibility of the CI performing clerical
work for Attorney Templeton in exchange for
drugs.
¶7 On August 2, 2017, Investigator
Gustafson, the MEG investigator, and the CI
met in advance of a pre-arranged controlled
buy of illegal drugs from Attorney Templeton
set for later that day. The CI wore a
wireless body transmitter while the
investigators observed the drug transaction
between Attorney Templeton and the CI.
Attorney Templeton delivered approximately
.2 grams of heroin to the CI with the
assurance, "Don't worry, I'll get more."
Following the drug transaction, Attorney
Templeton was arrested and later released.
¶8 On August 11, 2017, Attorney
Templeton was charged in Winnebago County
with one count of manufacturing/delivery of
heroin in violation of Wis. Stat. §
961.41(1)(d)1, a Class F felony. Conditions
of his bail/bond included absolute sobriety
and no commission of any criminal act.
¶9 On August 14, 2017, Attorney
Templeton tested positive for
methamphetamine, in violation of his
bail/bond. On August 17, 2017, he caused a
disturbance at a Menasha apartment while
intoxicated, two additional violations of
his bail/bond.
¶10 On August 18, 2017, as a result of
his conduct the previous day, Attorney
Templeton was charged in Winnebago County
with two counts of felony bail jumping
pursuant to Wis. Stat. § 946.49(1)(b), and
one count of misdemeanor disorderly conduct
pursuant to Wis. Stat. § 947.01.
¶11 On March 6, 2018, Attorney Templeton
pleaded guilty to the felony count of
manufacturing/delivery of heroin and one
count of felony bail jumping. The other
felony bail jumping and the disorderly
conduct counts were read in and dismissed.
On May 18, 2018, Attorney Templeton received
an imposed but stayed sentence consisting of
two years of initial confinement and three
years of extended supervision, as well as an
imposed five-year probation sentence with
credit for time served. (Attorney Templeton
was incarcerated between August 18, 2017 and
May 18, 2018.)
¶12 Attorney Templeton's license to
practice law in Wisconsin has been
continuously suspended since May 31, 2017.
On June 5, 2017, he appeared in Winnebago
County Circuit Court on behalf of a client.
Attorney Templeton failed to inform his
client, opposing counsel, or the court that
his license to practice law had been
suspended. A representative of the Town of
Grand Chute Police Department notified the
OLR that on June 28 and 29, 2017, Attorney
Templeton stated to the police department he
had been retained by and represented a
client under criminal investigation.
¶13 The OLR's complaint alleged the
following counts of misconduct:
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• Count One: By engaging in conduct
leading to criminal felony convictions for the
manufacture/delivery of heroin and for bailing
jumping, Attorney Templeton violated SCR
20:8.4(b).
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• Count Two: By failing to notify his
client, opposing counsel, and the court of his
license suspension, Attorney Templeton
violated SCR 22.26(1)(a), (b) and (c),
enforceable via SCR 20:8.4(f).
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• Count Three: By practicing law after
May 31, 2017, while his license was suspended,
Attorney Templeton violated SCR 22.26(2), and
SCR 31.10(1), enforceable via SCR
20:8.4(f).
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¶14 Attorney Templeton states that the
terms of the stipulation were not bargained
for or negotiated between the parties. He
avers that he admits the facts and
misconduct alleged by the OLR and agrees to
the discipline sought by the OLR director.
He represents that he fully understands the
misconduct allegations, the ramifications
should the court impose the stipulated level
of discipline, his right to contest the
matter, and his right to consult with and
retain counsel. He states that his entry
into the stipulation is made knowingly and
voluntarily.
¶15 In the stipulation, the parties
agree that an appropriate level of
discipline to impose in response to Attorney
Templeton's misconduct is a suspension of
his license to practice law in Wisconsin for
a period of six months. The parties further
agree that the court impose the following
conditions on the reinstatement on Attorney
Templeton's law license:
• Prior to filing a petition for
reinstatement, Attorney Templeton will
provide the OLR with signed medical releases
for each treatment provider who is providing
or has provided treatment, assessment, or
services related to substance abuse to
Attorney Templeton within the three previous
years;
• Prior to filing a petition for
reinstatement, Attorney Templeton will
undergo a substance abuse assessment that
makes specific written recommendations, and
demonstrate compliance with the
recommendations; and
• As a condition of reinstatement,
Attorney Templeton will submit to monitoring
as directed by the OLR and must comply with
all monitoring requirements for a period of
two years following reinstatement.
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¶16 In its memorandum in support of the
stipulation, the OLR says that Attorney
Templeton's misconduct was serious and
merits a sanction that will require him to
demonstrate his fitness before practicing
law again in Wisconsin. The OLR notes that
there a number mitigating factors present in
this case: Attorney Templeton has no
disciplinary history; he is remorseful for
his misconduct; he fully cooperated in the
OLR's investigation and stipulated to the
misconduct, and he continues to participate
in weekly counseling.
¶17 After careful review of the matter,
we accept the stipulation and determine that
Attorney Templeton engaged in the three
counts of misconduct alleged in the OLR's
complaint. We further conclude that a six-
month suspension of his license to practice
law is an appropriate level of discipline.
Although no two disciplinary proceedings are
precisely alike, we find that the misconduct
at issue here is somewhat similar to that
presented in In re Disciplinary
Proceedings
Against Schwitzer, 2017 WI 53, 375 Wis. 2d
414, 895 N.W.2d 416. Attorney Schwitzer's
license was suspended for six months
following his criminal convictions for
possession of THC and cocaine, as well as
holding himself out as an attorney following
an administrative suspension. As in
Schwitzer, we find a six-month
suspension
which will require Attorney Templeton to go
through a formal reinstatement proceeding,
to be an appropriate level of discipline.
We also find it appropriate to impose the
conditions enumerated in the stipulation
upon the reinstatement of Attorney
Templeton's license to practice law. Since
this matter was brought to the court in the
context of an SCR 22.12 stipulation without
the need to appoint a referee, we impose no
costs upon Attorney Templeton.
¶18 IT IS ORDERED that the license of
David P. F. Templeton to practice law in
Wisconsin is suspended for a period of six
months, effective the date of this order.
¶19 IT IS FURTHER ORDERED that, to the
extent he has not already done so, David P.
F. Templeton shall comply with the
provisions of SCR 22.26 regarding the duties
of a person whose license to practice law in
Wisconsin has been suspended.
¶20 IT IS FURTHER ORDERED that the
following conditions are imposed upon the
reinstatement of David P. F. Templeton's
license to practice law in Wisconsin:
• Prior to filing a petition for
reinstatement, Attorney Templeton will
provide the OLR with signed medical releases
for each treatment provider who is providing
or has provided treatment, assessment, or
services related to substance abuse to
Attorney Templeton within the three previous
years;
• Prior to filing a petition for
reinstatement, Attorney Templeton will
undergo a substance abuse assessment that
makes specific written recommendations, and
demonstrate compliance with the
recommendations; and
• As a condition of reinstatement,
Attorney Templeton will submit to monitoring
as directed by the OLR and must comply with
all monitoring requirements for a period of
two years following reinstatement.
¶21 IT IS FURTHER ORDERED that
compliance with all conditions of this order
is required for reinstatement. See SCR
22.29(4)(c).
¶22 IT IS FURTHER ORDERED that the
administrative suspension of David P. F.
Templeton's license to practice law in
Wisconsin, due to his failure to pay
mandatory bar dues, provide the OLR trust
account certification, and failure to comply
with continuing legal education reporting
requirements, will remain in effective until
each reason for the administrative
suspension has been rectified, pursuant to
SCR 22.28(1).
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