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¶9 The stipulation states it is not the
result of a plea bargain but reflects the
OLR's measured consideration of information
not available earlier. The stipulation also
states that every averment of the
disciplinary complaint is true and accurate,
specifically that Attorney Hughes committed
professional misconduct because his criminal
conduct reflects adversely on his honesty,
trustworthiness, or fitness as a lawyer in
other respects, in violation of SCR 20:8.4
(b).
¶10 Referee Beatty adopted the fact
portion of the parties' stipulation and
concluded Attorney Hughes violated SCR 20:8.4
(b), as alleged in count one of the
disciplinary complaint. The referee
recommends a three-year suspension of
Attorney Hughes' license to practice law in
Wisconsin, retroactive to September 11,
2007. Referee Beatty also recommends
Attorney Hughes pay the cost of the
disciplinary proceeding. On June 26, 2008,
the OLR submitted a statement of costs in
the amount of $1,185.08.
¶11 We adopt the referee's findings and
conclusions set forth in his report and
accept his recommendation. Attorney Hughes'
misconduct is a serious violation warranting
license suspension. A three-year license
suspension together with the imposition of
the full cost of this proceeding is
justified. This court takes into account
the mitigating factors discussed in the
federal sentencing transcript, which include
Attorney Hughes' restitution attempts and
his immediate and full cooperation with
authorities.
¶12 A three-year suspension is
commensurate with discipline imposed in
other cases. For example, this court
suspended Attorney Brian Burke's license for
a period of two years, retroactive to
January 3, 2006, after disciplinary
proceedings were instituted following his
conviction for misconduct in public office,
a Class E felony, and obstructing an
officer, a Class A misdemeanor. See
In
re
Disciplinary Proceedings Against Burke,
2007
WI 46, ¶6, 300 Wis. 2d 198, 730 N.W.2d 651.
This court suspended Attorney Michael A.
Gral's license for three years related to a
federal criminal conviction for mail fraud.
The federal court had sentenced Gral to two
years imprisonment and a $50,000 fine.
See
In re Disciplinary Proceedings Against
Gral,
2007 WI 22, 299 Wis. 2d 160, 727 N.W.2d
495. In 2005 Attorney Mark E. Sostarich
received an 18-month suspension for his
conviction of the crime of conspiracy of
sharing legal fees paid by his client with
Gary George as part of a larger conspiracy.
See In re Disciplinary Proceedings
Against
Sostarich, 2005 WI 97, 282 Wis. 2d 712,
698
N.W.2d 711.
¶13 IT IS ORDERED that the license of
Keith R. Hughes to practice law in Wisconsin
is suspended for a period of three years,
effective the date of his summary license
suspension, September 11, 2007.
¶14 IT IS FURTHER ORDERED that to the
extent he has not done so already, Keith R.
Hughes shall comply with SCR 22.26
concerning the duties of a person whose
license to practice law in Wisconsin has
been suspended.
¶15 IT IS FURTHER ORDERED that within
one year of the date of this order Keith R.
Hughes pay to the Office of Lawyer
Regulation the cost of this proceeding. If
the cost of this proceeding is not paid
within the time specified and absent a
showing to this court of his inability to
pay within that time, the license of Keith
R. Hughes to practice law in Wisconsin shall
remain suspended until further order of this
court.
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