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¶9 Under SCR 22.22(3), this court shall
impose the identical discipline imposed by
the other jurisdiction unless one of three
exceptions are present. The first two
exceptions involve situations where the
disciplinary proceeding in the other
jurisdiction deprived the respondent
attorney of due process or suffered from a
lack of proof. SCR 22.22(3)(a)-(b).
Attorney Eichhorn-Hicks' answer to the OLR's
complaint does not contain any allegation of
a lack of due process or a lack of proof in
the two Minnesota disciplinary proceedings
at issue in this matter. Indeed, in each
case Attorney Eichhorn-Hicks admitted that
his conduct violated the Minnesota
professional responsibility rules and
stipulated to the level of discipline.
¶10 The third exception to the
imposition of reciprocal discipline applies
where the misconduct justifies substantially
different discipline in Wisconsin. SCR 22.22
(3)(c). Attorney Eichhorn-Hicks does not
allege that this court's prior decisions in
cases involving similar types of misconduct
would justify a lesser sanction than his
2009 public reprimand or his 2000 one-year
suspension. It is not the nature of the
public reprimand or the length of the
suspension that he challenges. Indeed, it
would be hard for Attorney Eichhorn-Hicks to
argue for a substantially less severe level
of discipline in Wisconsin given that he
stipulated to the level of discipline in
both Minnesota disciplinary cases. Thus, we
conclude that the third exception does not
apply in this case. Accordingly, pursuant
to our rules, we impose both a public
reprimand and a one-year suspension in this
state as discipline that is identical to the
discipline imposed in Minnesota in 2009 and
2000.
¶11 The issue raised by Attorney
Eichhorn-Hicks' answer is not really whether
a public reprimand and one-year suspension
are appropriate levels of discipline, but
whether a one-year suspension imposed by
this court should be effective now or
whether it should be retroactive to August
21, 2000, the effective date of the
Minnesota suspension order. Attorney
Eichhorn-Hicks contends that because he did
not practice law in Wisconsin during the
2000-2001 period of his Minnesota
suspension, it would be punitive to preclude
him from practicing law in Wisconsin for a
prospective period of one year.
¶12 We reject Attorney Eichhorn-Hicks'
argument. First, whether or not he
voluntarily chose not to practice law in
Wisconsin during the period of his Minnesota
suspension, Attorney Eichhorn-Hicks was not
precluded from practicing law in this state
due to any disciplinary suspension. Thus,
if we were now to make his Wisconsin
suspension retroactive to 2000, he would
effectively have avoided any discipline in
Wisconsin for his professional misconduct.
Second, the fact that Attorney Eichhorn-
Hicks' Wisconsin license was not suspended
simultaneously with his Minnesota license
results solely from Attorney Eichhorn-Hicks'
own failure to notify this state's
regulatory authorities of his suspension.
See, e.g., In re Disciplinary
Proceedings
Against Nickitas, 2006 WI 20, ¶¶4, 6-7,
289
Wis. 2d 18, 710 N.W.2d 464; In re
Disciplinary Proceedings Against Rhees,
2003
WI 110, 263 Wis. 2d 703, 665 N.W.2d 256
(published order). Although Attorney
Eichhorn-Hicks asserts that he was unaware
of his obligation to do so, his failure to
ascertain his legal and ethical obligations
to this state is no excuse. Had he notified
the OLR of his Minnesota suspension
immediately after it had been imposed, as he
was obligated to do, it is possible that his
Wisconsin suspension may have been made
coterminous with his Minnesota suspension.
Given that the OLR learned of his suspension
from other sources more than a decade after
it was imposed, we perceive no unfairness in
making the one-year suspension prospective
from a specific date in the near future that
will allow Attorney Eichhorn-Hicks to make
arrangements to transfer or conclude any
representations in Wisconsin.
¶13 Finally, because Attorney Eichhorn-
Hicks' admission of his misconduct and his
public discipline in Minnesota has avoided
the necessity for the appointment of a
referee and a more involved disciplinary
proceeding, we do not impose the costs of
this proceeding against him.
¶14 IT IS ORDERED that Tracy R. Eichhorn-
Hicks is publicly reprimanded for his
professional misconduct addressed in In re
Disciplinary Action Against Eichhorn-
Hicks,
767 N.W.2d 20 (Minn. 2009).
¶15 IT IS FURTHER ORDERED that the
license of Tracy R. Eichhorn-Hicks to
practice law in Wisconsin is suspended for a
period of one year, effective April 2, 2012,
as discipline reciprocal to that imposed by
the Supreme Court of Minnesota in In re
Disciplinary Action Against Eichhorn-
Hicks,
615 N.W.2d 356 (Minn. 2000).
¶16 IT IS FURTHER ORDERED that Tracy R.
Eichhorn-Hicks 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 suspended.
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