Disciplinary Proceedings Against Berry
2020 WI 18, 02/19/20 (2020)
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In the Matter of Disciplinary Proceedings A
Against Tracey A.B.
Case No. 2019AP2271-D PD No. 2020 WI 18
Filed 02/19/20
Medical Incapacity Proceeding. Attorney's
license indefinitely suspended.
¶1 PER CURIAM. This matter involves a
Wisconsin attorney, Tracey A. Berry, who
Wisconsin attorney, Tracey A. Berry, who is
also licensed to practice law in Tennessee.
On July 29, 2019, the Supreme Court of
Tennessee issued an order transferring
Attorney Berry to disability inactive status
for an indefinite period of time.
Accordingly, the Office of Lawyer Regulation
(OLR) has informed the court, and Attorney
Berry does not dispute, that Attorney Berry
is subject to a reciprocal suspension for
medical incapacity in Wisconsin. Supreme
Court Rule (SCR) 22.22. The OLR and
Attorney Berry filed a stipulation pursuant
to SCR 22.12, agreeing that Attorney Berry's
license to practice law in Wisconsin should
be suspended indefinitely for her medical
incapacity. After reviewing the matter, we
approve the stipulation. We impose no costs
in this matter.
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¶2 Attorney Berry was admitted to the
practice of law in Wisconsin in 2003. She
was admitted to the practice of law in
Tennessee in 2004. Attorney Berry's most
recent professional address is in Tennessee.
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¶3 Attorney Berry has not been the
subject of any professional discipline in
this state. Her license to practice law in
Wisconsin has been administratively
suspended since October 31, 2009 for failure
to pay bar dues and assessments and for
failure to file a trust account certificate.
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¶4 On December 2, 2019, the OLR filed a
complaint stating that on July 25, 2019, the
Tennessee Board of Professional
Responsibility filed a Petition to Transfer
Attorney Berry to Disability Inactive
Status. On July 29, 2019, the Supreme Court
of Tennessee issued an order that
transferred Attorney Berry to disability
inactive status for an indefinite period of
time until further order of that court.
In Re: Tracey Alice Berry, BPR #023508,
case no. M2019-01350-SC-BAR-BP. The
Tennessee order provides that Attorney Berry
may petition for reinstatement pursuant to
Tenn. Sup. Ct. R. 9, §27.7.
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¶5 After service of the OLR's
complaint, the OLR and Attorney Berry
entered into a stipulation. The stipulation
states that the Supreme Court of Tennessee
order has essentially the same force and
effect that imposition of a medical
incapacity suspension would have on a
Wisconsin licensed attorney's ability to
practice law. Similarly, the criteria for
Attorney Berry to reinstate her Tennessee
law license under Tenn. Sup. Ct. R. 9, §27.7
(a) and (b) and §27.9 are substantially
similar to the reinstatement criteria
considered by this court in medical
incapacity proceedings. See SCR 22.36.
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¶6 In the stipulation, Attorney Berry
agrees that the facts alleged in the OLR's
complaint support the imposition of an
indefinite suspension for medical in
incapacity. Attorney Berry states that she
does not claim any of the exceptions
provided in SCR 22.22(3). She agrees that it
it would be appropriate to suspend her
license to practice law in Wisconsin for an i
indefinite period of time, as sought by the
OLR. Attorney Berry further states that the
stipulation did not result from plea
bargaining, that she understands what is
stated in the OLR complaint, her right to
contest the matter, and she is aware of the
potential ramifications of the stipulation.
She acknowledges her right to consult with
counsel. She states that she is entering
into the stipulation knowingly and
voluntarily, and that her entry into the
stipulation represents her decision not to
contest the suspension for medical
incapacity that is sought by the OLR.
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¶7 Having reviewed the matter, we
accept the stipulation and agree that
Attorney Berry's license to practice law in
Wisconsin should be suspended for an
indefinite period of time for medical
incapacity, based on the actions of the
Supreme Court of Tennessee. SCR 22.22.
Because this matter has been resolved by
stipulation without the appointment of a
referee, we do not impose any costs in this
m
matter.
¶8 IT IS ORDERED that, effective the
date of this order, the license of Tracey A.
Berry to practice law in Wisconsin is
suspended for an indefinite period of time
due to medical incapacity, based on the
Supreme Court of Tennessee order
transferring Attorney Berry to disability
inactive status for an indefinite period of
time. See In Re: Tracey Alice Berry,
BPR #
#023508, case no. M2019-01350-SC-BAR-BP.
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¶9 IT IS FURTHER ORDERED that the
administrative suspension of Tracey A.
Berry's license to practice law in
Wisconsin, due to her failure to pay
mandatory bar dues and for failure to file a
trust account certification, will remain in
effect until each reason for the
administrative suspension has been rectified
pursuant to SCR 22.28(1).
¶10 IT IS FURTHER ORDERED that Tracey A. Berr
Berry shall comply with the provisions of SCR
SCR 22.26 concerning the duties of a person whos
whose license to practice law in Wisconsin has
has been suspended.
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