Disciplinary Proceedings Against Muwonge
2017 WI 12, 2/17/17 (2017)
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ATTORNEY disciplinary proceeding.
Conditions imposed.
¶1 PER CURIAM. We review the report
and recommendation of Referee Dennis J.
Flynn approving a stipulation filed by the
Office of Lawyer Regulation (OLR) and
Attorney Godfrey Y. Muwonge. Attorney
Muwonge stipulated to the facts underlying
43 counts of misconduct as alleged in the
OLR's amended complaint, and Attorney
Muwonge and the OLR jointly recommend
certain conditions and restitution as
discipline for the admitted misconduct. The
referee determined there was an adequate
factual basis to establish the alleged
misconduct and concluded that the parties'
joint recommendation for discipline was
appropriate.
¶2 Upon careful review of this matter,
we uphold the referee's findings of fact and
conclusions of law, as derived from the
parties' stipulation, and agree that
imposition of conditions and restitution are
sufficient discipline for Attorney Muwonge's
misconduct. We impose the full costs of
this proceeding on Attorney Muwonge, which
are $2,053.07, as of November 21, 2016.
¶3 This is an unusual disciplinary
proceeding. It commenced in 2007 but was
held in abeyance because Attorney Muwonge
was deemed to have a medical incapacity.
That medical incapacity has been removed so
the disciplinary proceeding can proceed.
¶4 Attorney Muwonge was admitted to
practice law in Wisconsin in 1997, and
practiced immigration law in the Milwaukee
area.
¶5 In April 2007, the OLR filed a
disciplinary complaint against Attorney
Muwonge alleging 43 counts of misconduct and
seeking revocation of Attorney Muwonge's law
license.
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¶6 On September 29, 2008, the OLR and
Attorney Muwonge stipulated that Attorney
Muwonge had a medical incapacity and that,
because of the medical incapacity, Attorney
Muwonge could not successfully defend
against the allegations of professional
misconduct. On October 22, 2008, a referee
agreed, recommending, consistent with this
court's rules, that we suspend Attorney
Muwonge's law license indefinitely, pursuant
to SCR 22.16(4), and that we hold the
pending disciplinary proceeding in abeyance.
On December 23, 2008, we issued an order
adopting the referee's findings and
conclusions; the 2007 disciplinary
proceeding was held in abeyance. )In re
Medical Incapacity Proceedings Against
Muwonge, No. 2007AP776, unpublished order
(S. Ct. Dec. 23, 2008).
¶7 In the following years, Attorney
Muwonge successfully sought and obtained
treatment for his mental health and
substance abuse issues.
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¶8 In June 2015, Attorney Muwonge
sought reinstatement of his license to
practice law, asserting that his medical
incapacity had been removed. An extensive
evidentiary proceeding ensued. The referee
agreed, and ultimately this court concluded
that Attorney Muwonge had demonstrated by
clear, satisfactory and convincing evidence
that he is no longer medically incapacitated
and that he is fit to practice law. In re
Medical Incapacity Proceedings Against
Muwonge, 2016 WI 55, 369 Wis. 2d 658, 881
N.W.2d 25. On July 1, 2016, we reinstated
Attorney Muwonge's law license subject to a
number of stringent conditions designed to
monitor his continued fitness to practice
law and to ensure protection of the public.
Id.
¶9 Upon reinstating Attorney Muwonge's
law license, we also issued an order
pertaining to the underlying 2007
disciplinary proceeding that had been held
in abeyance during his period of medical
incapacity. See SCR 22.16(4)(d) ("
[u]pon reinstatement, the court shall direct
the referee to proceed with the misconduct
action.") We directed the referee and the
parties to proceed with the 2007
disciplinary proceeding.
¶10 The parties executed a stipulation
that the referee has accepted. Our task now
is to review the referee's recommendation
regarding the 2007 disciplinary proceeding.
¶11 The misconduct alleged in the 2007
disciplinary proceeding is serious. The
amended complaint alleged 43 counts of
professional misconduct involving 15
clients, primarily in immigration cases. It
reflects a pattern of failure to pursue
client matters, failure to respond to client
inquiries, failure to communicate with
clients, failure to keep clients informed,
failure to refund retainers or costs that
were not expended, and failure to return
client files. For example, Attorney Muwonge
was retained to help A&W Iron Metal, Inc.
(A&W) obtain permanent resident status for
certain employees. Attorney Muwonge failed
to meet with the clients to address their
questions, failed to return filed documents,
and "[n]one of the workers received
permanent status." Individual clients were
also harmed when Attorney Muwonge failed to
appear at hearings or to complete work he
had undertaken for them.
¶12 All told, the OLR alleged and
Attorney Muwonge has stipulated that he
violated the following supreme court rules:
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• Former SCR 20:1.4(a) as alleged in
counts one (L.C. and J.C.), four (A.L.), seven
(A.B.), ten (N.R.), sixteen (P.K. and K.P.),
nineteen (A&W), twenty-three (A.K.), twenty-
five (L.P.), twenty-eight (W.W.), thirty (M.O.
and K.O.), thirty-two (G.B.), thirty-five
(P.M.), thirty-nine (M.B.), and forty-one
(A.D. and S.D.).
• SCR 20:1.4(b) as alleged in count
thirty-three (G.B.).
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• Former SCR 20:1.16(d) as alleged in
counts two (L.C. and J.C.), five (A.L.), eight
(A.B.), twelve (N.R.), fourteen (S.M.),
seventeen (P.K. and K.P.), twenty (A&W),
twenty-one (A&W), twenty-six (L.P.), thirty-
four (G.B.), thirty-six (P.M.), forty-two
(A.D. and S.D.), and forty-three (A.D. and
S.D.).
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• SCR 20.1.3 as alleged in counts three
(A.L. and H.N.), six (A.B.), nine (A.B.),
fifteen (P.K.), eighteen (A&W), twenty-two
(A.K.), twenty-four (L.P.), twenty-seven
(W.W.), twenty-nine (M.O.), thirty-one (G.B.),
thirty-eight (M.B.), and forty (A.D. and
S.D.).
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• Former SCR 20:1.15(a), in effect until
June 30, 2004, as alleged in count eleven.
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• SCR 22.03(6) and SCR 20:8.4(f) as
alleged in count thirteen.
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• SCR 20:8.4(c) as alleged in count
thirty-seven (P.M.).
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¶13 In the stipulation, Attorney Muwonge
represented that he fully understands the
misconduct allegations; fully understands
his right to contest the matter; fully
understands the ramifications of his entry
into the stipulation; acknowledges that he
has had the representation and advice of
counsel; and states that his entry into the
stipulation is made knowingly and
voluntarily.
¶14 The referee found that the facts
alleged in the amended complaint adequately
support the allegations of misconduct. The
referee determined that Attorney Muwonge's
plea was made freely, knowingly and
voluntarily, and that Attorney Muwonge fully
understands the misconduct allegations as
well as his right to contest those charges.
Further, the referee determined that
Attorney Muwonge understands the
ramifications of his decision to stipulate
to the alleged misconduct. The referee
concluded that the record in this case
establishes by clear, satisfactory and
convincing evidence that Attorney Muwonge
engaged in the misconduct as alleged in each
of the 43 counts set forth in the amended
complaint. The referee thus approved
Attorney Muwonge's no contest plea to the
allegations of misconduct in the amended
complaint.
¶15 With respect to the appropriate
sanction, the parties agreed that the
imposition of additional conditions and
restitution is sufficient discipline for
Attorney Muwonge's misconduct. The referee
agreed as well. He noted that Attorney
Muwonge was suspended from practice for over
eight years, from April 2008 to July 2016,
primarily due to his medical incapacity.
The referee acknowledged that Attorney
Muwonge has since taken "significant and
meaningful steps" to remove his medical
incapacity. The referee noted that this
court has already imposed a "significant
number of monitoring strategies and
restrictions intended to provide safeguards
to the public who may utilize his services."
The referee recommended this court accept
the parties' joint recommendation as to the
sanctions, impose additional conditions, and
order payment of restitution to three
clients.
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¶16 No appeal has been filed, so we
review the referee's report pursuant to SCR
22.17(2). We will adopt a referee's
findings of fact unless they are clearly
erroneous. Conclusions of law are reviewed
de novo. See In re Disciplinary
Proceedings Against Eisenberg, 2004 WI 14,
¶5, 269 Wis. 2d 43, 675 N.W.2d 747. The
court may impose whatever sanction it sees
fit, regardless of the referee's
recommendation. See In re Disciplinary
Proceedings Against Widule, 2003 WI 34,
¶44, 261 Wis. 2d 45, 660 N.W.2d 686.
¶17 We adopt the referee's findings of
fact and his conclusion that Attorney
Muwonge violated the supreme court rules as
alleged in the OLR's amended complaint, and
as admitted in the stipulation.
¶18 Typically, misconduct as serious as
that alleged here would warrant a lengthy
license suspension or revocation, which bars
an attorney from seeking reinstatement for
at least five years. Here, Attorney
Muwonge's law license was suspended for
eight years, from 2008 until 2016, when he
successfully demonstrated that his medical
incapacity had been removed.
¶19 To suspend or revoke Attorney
Muwonge's law license again, for misconduct
that occurred prior to the lengthy
suspension for medical incapacity, would not
serve the interests of justice and is not
necessary to protect the public. Under the
specific facts of this case, we are
satisfied that the imposition of additional
conditions and restitution, as stipulated by
the parties and recommended by the referee,
is sufficient discipline for the misconduct
described in the 2007 disciplinary
proceeding.
¶20 We accept the conditions recommended
by the referee. We agree that Attorney
Muwonge shall continue to comply with all
conditions previously imposed by this court
in our order of July 1, 2016, conditionally
reinstating Attorney Muwonge's law license.
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¶21 The parties have stipulated and the
referee recommends that Attorney Muwonge
should be ordered to pay restitution to
three former clients, A.B., A.K., and A&W.
Apparently the parties were unable to reach
agreement on the precise amount of
restitution that Attorney Muwonge should pay
to each client. This is evidenced by
language in the parties' stipulation stating
that the $2,500 and $800 in restitution due
to A.B. and A.K., respectively, may be
"reduced by any amount Muwonge can establish
to the satisfaction of OLR that represents
the value of services he actually performed"
for each of these clients. The parties also
stipulate that restitution is due to A&W
employees in an amount "believed to be
$11,800 to $16,800" that should be
"determined by an accounting of the value of
the services [Attorney Muwonge] actually
performed for [the clients], that Muwonge
must provide to the satisfaction of OLR."
¶22 This court is not a fact finder and
we are disinclined to accept indeterminate
restitution recommendations. We are also
disinclined to accept a recommendation that
does not impose a time frame for the parties
to resolve the amount of restitution owed to
a client injured by an attorney's
misconduct.
¶23 We direct Attorney Muwonge to make
restitution of $2,500 to A.B. Consistent
with the terms of the parties' stipulation,
this amount may be reduced by any amount
that Attorney Muwonge can establish, to the
satisfaction of the OLR, represents the
value of legal services he actually
performed for A.B. However, any appropriate
reduction in A.B.'s restitution award must
be determined promptly.
¶24 The parties are thus directed to
advise this court, in writing, within 90
days of the date of this order, whether a
reduction in the restitution award to A.B.
is appropriate. If the parties are unable
to reach an agreement, they shall so advise
the court and the court may submit the
matter to a referee for a determination of
appropriate restitution and for a
recommendation as to which party should bear
the costs of the referee's supplemental
review to determine the amount of
restitution that should be paid to A.B.
¶25 We direct Attorney Muwonge to make
restitution of $800 to A.K. Consistent with
the terms of the parties' stipulation, this
amount may be reduced by any amount Attorney
Muwonge can establish, to the satisfaction
of the OLR, represents the value of legal
services actually performed for A.K. Again,
any appropriate reduction in A.K.'s
restitution award must be determined
promptly.
¶26 The parties are directed to advise
this court, in writing, within 90 days of
the date of this order, whether a reduction
in the amount of restitution owed to A.K is
appropriate. If the parties are unable to
reach an agreement, they shall so advise the
court and the court may submit the matter to
a referee for a determination of the
appropriate restitution and for a
recommendation as to which party should bear
the costs of the referee's supplemental
review to determine the amount of
restitution that should be paid to A.K.
¶27 Attorney Muwonge is also ordered to
make restitution to A&W. The parties'
stipulation indicates that the appropriate
amount of restitution to A&W is likely
between $11,800 and $16,800. The parties
are directed to advise this court, in
writing, of the appropriate amount of
restitution due to A&W within 90 days of the
date of this order. If the parties are
unable to reach an agreement, the parties
shall so advise the court and the court may
submit the matter to a referee for a
determination of appropriate restitution due
to A&W and for a recommendation as to which
party should bear the costs of the referee's
supplemental review to determine the amount
of restitution that should be paid to A&W.
¶28 The referee also recommends we
require Attorney Muwonge to successfully
attend continuing legal education and legal
ethics (CLE) courses as deemed appropriate
by the OLR. We agree that the OLR may
direct Attorney Muwonge to attend specific
CLE courses during the period it monitors
Attorney Muwonge's law practice, provided
those CLE course recommendations will not
require overnight travel and do not exceed
the requirements Attorney Muwonge must
fulfill to satisfy his continuing legal
education requirements. See SCR Chapter 31
(Continuing Legal Education).
¶29 Finally, we also deem it
appropriate, as is our usual custom, to
impose the full costs of this disciplinary
proceeding on Attorney Muwonge.
¶30 IT IS ORDERED that compliance with
all of the terms of this order and our July
1, 2016 order are conditions of Godfrey Y.
Muwonge's license to practice law in
Wisconsin.
¶31 IT IS FURTHER ORDERED that Godfrey
Y. Muwonge shall pay restitution of $2,500
to A.B., less any appropriate reduction to
be determined as set forth in this order.
¶32 IT IS FURTHER ORDERED the parties
are directed to advise this court, in
writing, of the appropriate amount of
restitution due to A.B., within 90 days of
the date of this order.
¶33 IT IS FURTHER ORDERED that Godfrey
Y. Muwonge shall pay restitution of $800 to
A.K., less any appropriate reduction to be
determined as set forth in this order.
¶34 IT IS FURTHER ORDERED the parties
are directed to advise this court, in
writing, of the appropriate amount of
restitution due to A.K., within 90 days of
the date of this order.
¶35 IT IS FURTHER ORDERED that Godfrey
Y. Muwonge is ordered to make restitution to
A&W Iron Metal, Inc., in an amount to be
determined as set forth in this order.
¶36 IT IS FURTHER ORDERED the parties
are directed to advise this court, in
writing, of the appropriate amount of
restitution due to A&W Iron Metal, Inc.,
within 90 days of the date of this order.
¶37 IT IS FURTHER ORDERED that the
restitution specified above is to be
completed prior to paying costs.
¶38 IT IS FURTHER ORDERED that Godfrey
Y. Muwonge shall attend continuing legal
education and legal ethics courses as
directed by the Office of Lawyer Regulation
during its monitoring period, subject to the
limitations set forth in this order.
¶39 IT IS FURTHER ORDERED that within 60
days of the date of this order, Godfrey Y.
Muwonge shall pay to the Office of Lawyer
Regulation the costs of this proceeding,
which are $2,053.07.
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