Disciplinary Proceedings Against Soldon
2012 WI 122 (2012)
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ATTORNEY disciplinary
proceeding. Attorney's license
suspended.
¶1 PER CURIAM. We review the
stipulation filed by the Office of Lawyer
Regulation (OLR) and Attorney Naomi E.
Soldon. The OLR and Attorney Soldon
stipulate that Attorney Soldon committed
professional misconduct and that she should
be suspended for her misconduct. The OLR is
not seeking costs or restitution. Upon
careful consideration, we adopt the
stipulated facts and retroactively suspend
Attorney Soldon's license to practice law
for a period of six months, commencing
October 16, 2010.
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¶2 Attorney Soldon was admitted to the
State Bar of Wisconsin on August 6, 1990.
On April 16, 2010, we suspended Attorney
Soldon's law license for six months for
professional misconduct involving committing
criminal acts of theft and fleeing and
eluding an officer; failing to report
convictions to the OLR within five days; and
failing to cooperate with the OLR's
investigation. Attorney Soldon stipulated
to these violations and to the discipline.
In re Disciplinary Proceedings Against
Soldon, 2010 WI 27, 324 Wis. 2d 4, 782
N.W.2d 81.
¶3 On August 9, 2012, the OLR filed a
complaint alleging that Attorney Soldon
engaged in three counts of misconduct as a
result of three separate incidents of
criminal misconduct.
¶4 First, on September 21, 2007,
Attorney Soldon left an Illinois department
store with $958.40 in unpaid merchandise. A
warrant issued and she was eventually
arrested in October 2009 in Illinois. She
was then convicted of felony retail theft on
October 20, 2011. State of Illinois v.
Soldon, Kane County Case No. 07-CF-2926.
¶5 Second, on February 7, 2009,
Attorney Soldon stole several video games
from a department store in Grafton,
Wisconsin. Attorney Soldon was arrested and
charged with misdemeanor retail theft as a
repeater. See State v. Soldon,
Ozaukee
County Case No. 09CM255. On October 6,
2010, she pled guilty and was convicted of
that charge.
¶6 Third, on October 23, 2009, Attorney
Soldon stole a candy bar from a store in
Madison, Wisconsin. On October 26, 2009,
City of Madison police issued a municipal
citation to Attorney Soldon for her theft.
On January 22, 2010, Attorney Soldon was
found guilty and fined $177.
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¶7 The OLR's complaint alleged Attorney
Soldon's three incidents of criminal
misconduct violated the Rules of
Professional Conduct for Attorneys, SCR Ch.
20, as follows: (1) by engaging in conduct
leading to a criminal conviction on one
count of felony retail theft in State of
Illinois v. Soldon, Kane County Case No.
07-
CF-2926, Attorney Soldon violated SCR 20:8.4
(b); (2) by engaging in conduct leading to a
criminal conviction on one count of
misdemeanor retail theft as a repeater in
State v. Soldon, Ozaukee County Case No.
09CM255, Attorney Soldon violated SCR 20:8.4
(b); and (3) by engaging in conduct leading
to her conviction for retail theft, Attorney
Soldon violated SCR 20:8.4(c).
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¶8 On September 26, 2012, the OLR and
Attorney Soldon filed a stipulation whereby
Attorney Soldon stipulated to the
allegations in the OLR's complaint and to
their recommended discipline. The
stipulation states that Attorney Soldon
fully understands the misconduct allegations
and the ramifications should the court
impose the stipulated level of discipline.
The stipulation also provides that Attorney
Soldon understands her right to contest the
matter and understands her right to consult
with counsel, that she was represented by
counsel, and that her entry into the
stipulation was made knowingly and
voluntarily and without the benefit of any
negotiations for a reduction in either
charges or sanctions.
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¶9 The OLR filed a memorandum in
support of the stipulation explaining that
in recommending a six-month suspension, the
OLR director considered the ABA Standards
for Imposing Lawyer Sanctions and the
particular circumstances of this case. The
OLR's memorandum identified as aggravating
factors Attorney Soldon's prior discipline,
her pattern of misconduct, theft indicating
selfish motivation, multiple offenses, and
substantial experience as an attorney. ABA
Standards § 9.2(a)-(d), (i). In mitigation,
the OLR considered Attorney Soldon's
gambling and drug problems, the fact that
she self-reported the criminal charges and
was cooperative throughout the process, and
the fact she has sought and received
appropriate treatment and exhibited remorse.
¶10 There is precedent supporting the
recommended discipline. The OLR cites In
re
Disciplinary Proceedings Against Cahill,
219
Wis. 2d 330, 579 N.W.2d 231 (1998), where
the court imposed a six-month suspension for
multiple theft-related crimes (defrauding an
innkeeper, issuing worthless checks).
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¶11 The OLR and Attorney Soldon agree
that the sanction should be imposed
retroactively. The court will impose a
sanction retroactively when "misconduct
occurred prior to the [earlier] disciplinary
proceeding and [the attorney's] license has
remained suspended well beyond the period of
suspension previously imposed." In re
Disciplinary Proceedings Against and
Reinstatement of Mandelman, 182 Wis. 2d
583,
592, 514 N.W.2d 11 (1994); see also In
re
Disciplinary Proceedings Against Gilbert,
2004 WI 144, 276 Wis. 2d 395, 689 N.W.2d 50;
In re Disciplinary Proceedings Against
Edgar, 2003 WI 49, ¶13, 261 Wis. 2d 413,
661
N.W.2d 817 (when "the violations . . .
occurred at the same time as the violations
that gave rise to the previous disciplinary
matter" a retroactive sanction may be
appropriate).
¶12 Attorney Soldon's earlier misconduct
was of a similar nature and also occurred in
2007 and 2008. Soldon, 324 Wis. 2d 4,
¶3.
Her original six-month suspension was
scheduled to end on October 16, 2010.
Attorney Soldon's acts giving rise to this
proceeding occurred in 2007 and 2009, with
convictions in 2010 and 2011. Attorney
Soldon delayed seeking reinstatement in part
because she sought treatment for her alcohol
and gambling problems and has completed a
drug court program. Consequently, she has
remained suspended for longer than the
court's 2010 decision required.
¶13 After careful review of the matter,
we adopt the stipulated facts and find it
appropriate to suspend Attorney Soldon's
license for a period of six months,
consecutive to her April 16, 2010
suspension. Because Attorney Soldon entered
into a comprehensive stipulation under SCR
22.12, thereby obviating the need for the
appointment of a referee and a full
disciplinary proceeding, we do not impose
costs in this matter.
¶14 IT IS ORDERED that the license of
Naomi E. Soldon to practice law in Wisconsin
shall be suspended for six months, effective
October 16, 2010.
¶15 IT IS FURTHER ORDERED that to the
extent she has not already done so, Naomi E.
Soldon shall comply with the provisions of
SCR 22.26 concerning the duties of a person
whose license to practice law in Wisconsin
has been suspended.
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