Disciplinary Proceedings Against Dudas
2021 WI 5, 1/27/21 (2021)
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ATTORNEY disciplinary proceeding.
Attorney's license revoked.
¶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 G. Dudas. In the
stipulation, Attorney Dudas enters a no
contest plea to the OLR's complaint and
agrees that he committed the one count of
professional misconduct alleged in the
complaint, which was committing criminal
acts
that reflect adversely on his honesty,
trustworthiness, or fitness as a lawyer in
other respects. Attorney Dudas agrees that
revocation of his license to practice law in
Wisconsin is a proper level of discipline
for
this misconduct.
¶2 After reviewing the matter, we
approve the stipulation and revoke Attorney
Dudas' license to practice law in this
state.
We accede to the parties' request that the
commencement date of the revocation be May
21, 2014, which was the date of the summary
suspension of Attorney Dudas' law license.
Because this matter is being resolved
without
the appointment of a referee, we impose no
costs on Attorney Dudas.
¶3 Attorney Dudas was admitted to
practice law in Wisconsin in 1989. He
practiced in Stevens Point.
¶4 On August 16, 2013, Attorney Dudas
was charged with 31 criminal counts in
Outagamie County Circuit Court. On April
30,
2014, following a trial, an Outagamie County
jury found Attorney Dudas guilty of 30
criminal counts, including felony first-
degree sexual assault, felony second-degree
reckless injury, felony substantial battery,
14 counts of felony second-degree sexual
assault, 11 counts of felony strangulation
and suffocation, one count of misdemeanor
battery, and one count of misdemeanor
intimidation of a victim.
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¶5 Following the jury's verdict in the
criminal case, the OLR moved pursuant to SCR
22.20 for a summary suspension of Attorney
Dudas' Wisconsin law license. On May 21,
2014, this court granted the motion and
suspended Attorney Dudas' law license until
further order of the court.
¶6 On July 16, 2014, the OLR filed a
disciplinary complaint alleging that Attorney
Dudas' criminal acts reflected adversely on
his honesty, trustworthiness, or fitness as a
lawyer in other respects, in violation of SCR
20:8.4(b).
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¶7 Attorney Dudas pursued postconviction
relief in the criminal case. The parties
filed a joint request for a stay of the
disciplinary proceeding and the continuance
of Attorney Dudas' summary suspension pending
postconviction and appellate proceedings in
the criminal case. On January 12, 2015, this
court granted the request, holding the
disciplinary proceeding in abeyance and
continuing the summary license suspension.
¶8 Attorney Dudas filed an appeal of his
criminal convictions in December 2016. The
appeal was pending in the Wisconsin court
system for years. During that time, the OLR
and Attorney Dudas, through counsel,
communicated about the status of the appeal
and whether Attorney Dudas would file an SCR
22.19 petition for consensual license
revocation or stipulate to the revocation of
his license as sought by the OLR. The OLR
communicated to Attorney Dudas that should
revocation be imposed, it would request this
court to order the revocation to commence on
May 21, 2014, the date the underlying related
summary suspension had commenced.
¶9 The court of appeals affirmed the
judgment of conviction on February 18, 2020.
On June 16, 2020, this court denied Attorney
Dudas' petition for review.
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¶10 On July 14, 2020, this court ordered
the parties to file a status report why the
stay of the disciplinary proceeding should not
be lifted. The stay was lifted on October 21,
2020. The stipulation and no contest plea
were filed on October 27, 2020. In the
stipulation, Attorney Dudas acknowledges that
to date the judgment of conviction remains
unreversed following the completion of his
direct appeal in state court. He acknowledges
that under the present state of his case the
OLR could establish his violation of SCR
20:8.4(b).
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¶11 The stipulation states that Attorney
Dudas answers the OLR's disciplinary
complaint by entering a no contest plea, and
he agrees that this court may use the
allegations of the disciplinary complaint as
an adequate factual basis for a determination
of misconduct. He states he enters into the
stipulation to resolve the pending proceeding
and enters the no contest plea to the
misconduct allegation for purposes of
professional discipline only. He states he
reserves his right to pursue collateral
challenges to his criminal convictions in
state or federal courts. The stipulation
avers that neither Attorney Dudas nor the OLR
intend that the stipulation will impact
future litigation in Attorney Dudas' criminal
matter.
¶12 The stipulation goes on to state that
it does not result from plea-bargaining. It
notes that the OLR's position on sanction has
remained constant throughout the proceeding.
¶13 Attorney Dudas represents and
verifies that he fully understands the
misconduct allegation; that he fully
understands the ramifications should this
court impose the stipulated level of
discipline; that he fully understands his
right to contest this matter; that he fully
understands his right to consult with counsel
and that he has had the benefit of advice of
counsel throughout the proceeding; that his
entry into the stipulation is made knowingly
and voluntarily; and that his entry into the
stipulation represents his decision not to
contest the allegations in the complaint or
the level and type of discipline sought by
the OLR's director.
¶14 Having reviewed the stipulation and
the OLR's memorandum in support of the
stipulation, we approve the stipulation and
adopt the stipulated facts and legal
conclusions of professional misconduct.
Given the extreme seriousness of the felony
criminal convictions that underlie the
misconduct allegation contained in the OLR's
complaint, we agree that the revocation of
Attorney Dudas' license to practice law in
this state is an appropriate level of
discipline. Consistent with this court's
treatment of discipline imposed in
proceedings that are filed following an SCR
22.20 summary suspension, we agree that it is
appropriate to set the commencement date of
the revocation for May 21, 2014, the
effective date of the underlying SCR 22.20
summary suspension. See, e.g., In re
Disciplinary Proceedings Against
Washington, 2007 WI 65, 301 Wis. 2d 47, 732
N.W.2d 24; In re Disciplinary Proceedings
Against Chvala, 2007 WI 47, 300 Wis. 2d
206, 730 N.W.2d 648. In its memorandum in
support of the stipulation, the OLR states
the public will not be put at risk by a
retroactive revocation commencement date
since Attorney Dudas' Wisconsin law license
will remain revoked unless and until he is
able to prove his fitness to regain his
license in a reinstatement proceeding. Since
this matter was resolved without the need for
the appointment of a referee, no costs will
be imposed.
¶15 IT IS ORDERED that the license of
David G. Dudas to practice law in Wisconsin
is revoked, retroactive to May 21, 2014.
¶16 IT IS FURTHER ORDERED that, to the
extent he has not already done so, David G.
Dudas 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.
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