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¶4 On September 16, 2008, the Attorney
Registration and Disciplinary Commission of
the Supreme Court of Illinois ("the
Commission") issued an order and judgment of
disbarment of Attorney Kline's law license.
Attorney Kline's misconduct, considered by
the Commission, includes charges for driving
under the influence and pleading guilty to a
lesser charge of reckless driving, a Class A
misdemeanor; a conviction of aggravated
driving under the influence, a Class 4
felony; and the failure of Attorney Kline to
notify the Commission within 30 days after
his judgment of conviction. The Commission
also considered that Attorney Kline engaged
in conduct involving dishonesty, fraud,
deceit, and misrepresentation by failing to
pay child support and disseminating marital
assets, totaling $107,040, by transferring
funds to a bank in Costa Rica. The
Commission concluded Attorney Kline engaged
in conduct which tends to defeat the
administration of justice in violation of
the Illinois Rules of Professional
Conduct.
¶5 The exhibits filed with the OLR
complaint indicate that Attorney Kline is
believed to be living in Costa Rica. In
August 2007 an investigator's communications
with the United States Embassy in San Jose,
Costa Rica, confirmed that Attorney Kline
was believed to be residing in Costa Rica.
The investigator stated she had sent a copy
of the Illinois disciplinary complaint and
accompanying documents by regular mail to
Attorney Kline's last registered business
and home addresses. Attorney Kline did not
file an answer or otherwise respond to the
Illinois disciplinary complaint, failed to
appear for his discovery deposition, failed
to produce documents, and failed to file a
report disclosing potential witnesses as
required by the Commission's rules. On
November 6, 2007, the Commission's motion to
deem the allegations of the complaint
admitted was granted.
¶6 Pursuant to the OLR's motion, this
court issued an order on August 4, 2009,
directing Attorney Kline to inform the court
of any potential claim under SCR 22.22(3)
that the imposition of discipline identical
to that imposed in Illinois would be
unwarranted. The order directed Attorney
Kline to so inform the court by August 18,
2009, and, if no response were received, the
court would proceed under SCR 22.22. No
response from Attorney Kline has been
received.
¶7 On September 18, 2009, the OLR filed
an affidavit pursuant to SCR 22.13(1) that
it had mailed, by certified mail, the
complaint, motion, and order to answer to
Attorney Kline's most recent address
furnished to the State Bar of Wisconsin.
The OLR also filed an affidavit of non-
service by the Sheriff of Winnebago County,
Illinois. The OLR requested the appointment
of a referee.
¶8 Following the appointment of Referee
Dubis, the OLR filed a notice of motion and
motion for default judgment. The OLR stated
that Attorney Kline's answer was past due
and, on information and belief, he had left
the country.
¶9 On November 20, 2009, the referee
filed a notice scheduling a hearing on the
OLR's motion for default judgment on
December 16, 2009. The notice provided
directions to Attorney Kline in the event he
wished to appear by telephone. The notice
stated that failure to appear may result in
default judgment. The referee filed an
affidavit, signed by his office
administrator, which stated on November 20,
2009, she sent to Attorney Kline by
certified mail the notice of hearing
pursuant to SCR 22.13(1).
¶10 On January 14, 2010, the referee
filed his report and recommendation. The
referee stated that Attorney Kline had been
served with the complaint and motion and
failed to appear or contest the
proceedings. The referee incorporated into
his findings the allegations of the OLR
complaint. The referee found that on
September 16, 2008, Attorney Kline was
ordered disbarred in Illinois. The referee
also found that Attorney Kline failed to
notify the OLR of the Illinois discipline
within 20 days of its effective date, and
failed to inform the court of any reason why
discipline identical to that imposed in
Illinois should not be imposed in
Wisconsin.
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