¶4 On December 23, 2010, Attorney Chavez petitioned the supreme court to reinstate his law license. Supreme court rule 22.36 governs reinstatement following suspension due to medical incapacity. It provides that the petitioner has the burden of showing by clear, satisfactory, and convincing evidence that (1) the medical incapacity has been removed, and (2) the petitioner is fit to resume the practice of law, with or without conditions. SCR 22.36 (6). Both requirements are necessary for reinstatement. In re Medical Incapacity Proceedings Against Schlieve, 2010 WI 22, ¶22, 323 Wis. 2d 654, 780 N.W.2d 516.

¶5 Referee Lisa Goldman was appointed on May 24, 2011, and conducted an evidentiary reinstatement hearing on November 3, 2011. The evidence presented included medical records, an independent medical examination, and testimony from Attorney Chavez and from his friends, family, and community members. The referee made factual findings documenting Attorney Chavez's struggles with alcohol addiction prior to and after the medical incapacity proceeding.

¶6 The record evidence indicates, and the referee found, that Attorney Chavez has not consumed alcohol since February 9, 2010. The referee found that Attorney Chavez has responsibly controlled his alcohol addiction for the past year and nine months as of the date of her report. Medical records support this finding.

¶7 The record indicates that Attorney Chavez entered into a monitoring contract with WisLAP, completing his assessment on May 4, 2011. The WisLAP contract requires Attorney Chavez to (a) undergo a complete professional evaluation (which has been completed); (b) comply with all treatment recommendations; (c) abstain from all alcohol and other mood-altering substances; (d) abstain from taking over-the-counter medications that contain alcohol or mood- altering substances; (e) register with Affinity Online Solutions and submit to random alcohol/drug/prescription medication screens as requested; (f) meet with his WisLAP monitor a minimum of once each month; (g) make verbal contact weekly with his monitor when not meeting in person; (h) attend community-based support groups a minimum of two times weekly and obtain certification of attendance; and (i) comply with other notification requirements. The OLR does not oppose Attorney Chavez's reinstatement, but asserts reinstatement should be conditioned upon the court requiring Attorney Chavez to participate in the WisLAP contract and attend AA meetings two to three times per week.

¶8 The referee also made findings related to whether Attorney Chavez is fit to practice law. See SCRs 22.34—22.36.

¶9 The referee found no evidence that Attorney Chavez practiced law during his suspension. The referee found that Attorney Chavez has complied with this court's prior disciplinary order and has complied with the requirements of SCR 22.26 regarding the activities of a person whose license is suspended.

¶10 The referee found that Attorney Chavez has attended continuing legal education (CLE) seminars and is currently in compliance with the CLE and ethics and professional responsibility (EPR) requirements for reinstatement. Mindful however that Attorney Chavez has not practiced law for seven years, the referee recommended Attorney Chavez obtain a mentor attorney for two years to assist him with his reintegration into the practice of law, and also recommended that Attorney Chavez obtain certain CLE training should he decide to open a new law office. The referee concluded that "[t]hese parameters should ensure that [Attorney] Chavez transition smoothly into the practice of law."

¶11 The referee noted that lawyers who have known Attorney Chavez for years wrote letters asserting that Attorney Chavez was a fine attorney while he practiced law and expressed confidence that Attorney Chavez would continue to be a fine attorney so long as he remained sober. Attorney Chavez was described as capable, competent, and hard working. The referee explicitly found that "[a]ll of the evidence in this case reveals that [Attorney] Chavez was, prior to his medical incapacity, a very good attorney."

¶12 The referee considered the fact that Attorney Chavez owes child support arrears and that he received three criminal convictions relating to child support after the date of his indefinite suspension. Attorney Chavez testified that approximately one-half of his paychecks are being applied to these arrears, and he provided documentary support for that assertion. As the referee noted, resuming the practice of law should better enable Attorney Chavez to meet his financial obligations.

¶14 No appeal has been filed so the court considers this matter pursuant to SCR 22.33(3). A referee's findings of fact will not be overturned unless clearly erroneous. In re Disciplinary Proceedings Against Eisenberg, 2004 WI 14, ¶5, 269 Wis. 2d 43, 675 N.W.2d 747. We independently review the referee's legal conclusions, noting that whether the petitioner has demonstrated fitness to resume the practice of law presents a legal question we review de novo. See Nottelson v. Wis. Dep't of Indus., Labor, and Human Relations, 94 Wis. 2d 106, 116, 287 N.W.2d 763 (1980).

¶15 We conclude the referee's findings support a determination that Attorney Chavez has met his burden under SCR 22.36(6) to establish by clear, convincing, and satisfactory evidence that his medical incapacity is removed and he is fit to resume the practice of law. We agree that some conditions on Attorney Chavez's license to practice law are necessary to ensure that Attorney Chavez continues to receive appropriate treatment. The conditions imposed are based on the OLR's suggestions as well as those recommended by the referee.

¶16 Finally, we order Attorney Chavez to pay the costs of this proceeding. We are aware that Attorney Chavez has significant financial obligations, and we direct Attorney Chavez to work with the OLR to reach an agreement by which the cost assessment may be paid over time. See In re Disciplinary Proceedings Against Konnor, 2005 WI 37, ¶50, 279 Wis. 2d 284, 694 N.W.2d 376 (Abrahamson, C.J., concurring) ("If a lawyer cannot pay the full costs immediately, an agreement may be reached to enable the lawyer to pay the costs over time.").

¶17 IT IS ORDERED that the petition for reinstatement of the license of John A. Chavez to practice law in Wisconsin is granted, effective July 24, 2012.

¶18 IT IS FURTHER ORDERED that, as a condition of the reinstatement of his license to practice law in Wisconsin, John A. Chavez shall, within 14 days after the date of this order and prior to resuming the practice of law, activate a monitoring contract with WisLAP and shall comply, to the best of his ability, with all conditions imposed therein which may include but may not be limited to:

A. Complying with all treatment recommendations;

B. Abstaining from all alcohol and other mood-altering substances;

C. Abstaining from taking over-the- counter medications that contain alcohol or mood-altering substances;

D. Registering with Affinity Online Solutions and submitting to random alcohol/drug/prescription medication screens as requested;

E. Meeting with his WisLAP monitor a minimum of once per month and making verbal contact with his WisLAP monitor once per week;

F. Attending community-based support groups, such as Alcoholics Anonymous meetings, a minimum of two times weekly and obtaining certification of attendance, and complying with other notification requirements until further order of the court;

G. Submitting, at his own expense and until further order of this court, to random alcohol and substance abuse screening as directed and monitored by the Office of Lawyer Regulation to confirm his sobriety and that he is not using illegal substances.

These conditions shall remain in effect until further order of the court.

¶19 IT IS FURTHER ORDERED that within 30 days after the date of this order, John A. Chavez shall, if he has not already done so, sign reciprocal releases of confidentiality (complying with the federal Health Insurance Portability and Accountability Act and all other applicable federal and state laws) for each treatment provider who is providing or has provided alcohol-related or substance abuse-related treatment or services to John A. Chavez so that such treatment providers may share pertinent information related to John A. Chavez's substance abuse history and related issues. In addition to authorizing other treatment providers to obtain access to such treatment information, the releases signed by John A. Chavez shall also authorize disclosure of all records concerning alcohol-related or substance abuse-related treatment or services to the Office of Lawyer Regulation. The Office of Lawyer Regulation shall maintain as confidential all information or documents received pursuant to these releases. The releases required by this paragraph shall remain in effect for two years from the date of this order.

¶20 IT IS FURTHER ORDERED that, during the first two-year period after his reinstatement, John A. Chavez shall be subject to the direct supervisory authority of a mentor attorney approved by the Office of Lawyer Regulation pursuant to the requirements of SCR 20:5.1(b).

¶21 IT IS FURTHER ORDERED if, within the first two-year period after his reinstatement, John A. Chavez decides to resume practice as a solo practitioner, John A. Chavez shall attend a minimum of seven (7) hours of continuing legal education concerning the subjects of fee agreements, client trust account management, and law office management, and shall provide certificates of attendance for such seminars to the Office of Lawyer Regulation prior to resuming practice as a solo practitioner.