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Wisconsin Attorneys' Professional Discipline Compendium
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Public Reprimand of Scott A. Jackman
2010-OLR-9
Scott A. Jackman (“Jackman”), age 40, is a Wisconsin-licensed attorney whose State Bar identification number is 1030370. Jackman was admitted to practice in Wisconsin on July 17, 1997. Jackman engages in the private practice of law in Wausau, Wisconsin.
On July 7, 2000, Jackman was convicted of Operating While Intoxicated (1st), a non- criminal offense.
In the early morning of Sunday, July 4, 2004, Jackman was the subject of a traffic stop conducted by the City of Wausau, Wisconsin Police Department, which led to charges of Operating While Under Influence (2nd) and Operating With PAC .08 or More (2nd). State of Wisconsin vs. Scott A. Jackman, Marathon County case no. 2004CM1651, filed July 23, 2004. Law enforcement had been operating radar, and pulled Jackman over for speeding. The police officer who made contact with Jackman smelled an odor of intoxicants coming from Jackman and noted that Jackman’s eyes were red and glassy. Jackman told the officer that he had consumed five or six beers at a nearby tavern, and that he was on his way home, which was also a short distance from the site of the traffic stop. Jackman failed field sobriety tests. A preliminary breath test (“PBT”) administered at the site of the traffic stop indicated an alcohol concentration of 0.13%. A breath test administered at the police station following Jackman’s arrest indicated an alcohol concentration of 0.11%.
On January 10, 2005, pursuant to a plea of no contest, Jackman was convicted of misdemeanor Operating While Under Influence (2nd) in Marathon County case no. 2004CM1651. The charge of Operating With PAC .08 or More (2nd) was dismissed on the prosecutor’s motion. Jackman’s sentence included five days in jail with Huber privileges, driver’s license revocation for 12 months, and a fine.
Jackman did not report his criminal conviction in Marathon County case no. 2004CM1651 to the Office of Lawyer Regulation (“OLR”) and the Clerk of the Supreme Court as required under SCR 21.15 (5). In correspondence to OLR dated March 9, 2010, Jackman stated that he was unaware of the reporting requirement at the time of the conviction.
On the evening of Saturday, August 13, 2005, while his driver’s license was revoked as a result of his January 10, 2005 OWI (2nd) conviction and with knowledge of that circumstance, Jackman was the subject of a traffic stop in the Town of Rome, Wisconsin, which led to a charge of Operating While Revoked (1st) in State of Wisconsin vs. Scott A. Jackman, Adams County case no. 2005CM463.
On September 26, 2005, pursuant to a plea of no contest, Jackman was convicted of misdemeanor Operating While Revoked (1st) in Adams County case no. 2005CM463. Jackman’s sentence consisted of a fine.
Jackman did not report his criminal conviction in Adams County case no. 2005CM463 to OLR and the Clerk of the Supreme Court as required under SCR 21.15 (5). In correspondence to OLR dated March 9, 2010, Jackman stated that he was unaware of the reporting requirement at the time of the conviction.
On the evening of Friday, September 4, 2009, Jackman was the subject of a traffic stop conducted by the Everest Metro Police Department in the Village of Weston, Wisconsin, which led to a charge of Operating While Under Influence (3rd) in State of Wisconsin vs. Scott A. Jackman, Marathon County case no. 2009CM1883. Witnesses observed Jackman’s vehicle strike a sign, causing a side mirror to break. Law enforcement contact with Jackman followed. The police officer who made contact with Jackman smelled an odor of intoxicants coming from Jackman, and noted that Jackman’s eyes were glassy and bloodshot and that his speech was slurred. Jackman told the officer that he had consumed five or six drinks. Jackman failed field sobriety tests. A PBT indicated an alcohol concentration of 0.20%. A blood test following Jackman’s arrest indicated a blood alcohol level of 0.214%.
On January 21, 2010, pursuant to a plea of no contest, Jackman was convicted of misdemeanor Operating While Under Influence (3rd) in Marathon County case no. 2009CM1883. Jackman’s sentence included 40 days in jail with Huber privileges, driver’s license revocation for 27 months, and a fine.
In correspondence to OLR and the Clerk of the Supreme Court dated January 25, 2010, Jackman provided notice of his misdemeanor OWI (3rd) conviction in Marathon County case no. 2009CM1883, stating in part, “The purpose of this correspondence is to comply with the notice provisions of SCR 21.15(5) …” Jackman did not at that time remedy his failure to report his earlier convictions in Marathon County case no. 2004CM1651 and Adams County case no. 2005CM463.
By engaging in conduct leading to a criminal conviction of Operating While Under Influence (2nd) in State vs. Scott A. Jackman, Marathon County case no. 2004CM1651, Attorney Scott A. Jackman violated SCR 20:8.4(b), which states, “It is professional misconduct for a lawyer to… commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.”
By failing to report to OLR and the Clerk of the Supreme Court his criminal conviction in Marathon County case no. 2004CM1651, Jackman violated SCR 21.15(5), which states:
An attorney found guilty or convicted of any crime on or after July 1, 2002, shall notify in writing the office of lawyer regulation and the clerk of the Supreme Court within 5 days after the finding or conviction, whichever first occurs. The notice shall include the identity of the attorney, the date of finding or conviction, the offenses, and the jurisdiction. An attorney’s failure to notify the office of lawyer regulation and clerk of the supreme court of being found guilty or his or her conviction is misconduct.
SCR 21.15(5) is enforced under the Rules of Professional Conduct via SCR 20:8.4(f), which states, “It is professional misconduct for a lawyer to…violate a statute, supreme court rule, supreme court order or supreme court decision regulating the conduct of lawyers.”
With knowledge of his driver’s license revocation and the fact that the revocation was a part of the criminal sentence imposed in connection with his OWI (2nd) conviction, by engaging in conduct leading to a criminal conviction of Operating While Revoked (1st) in State vs. Scott A. Jackman, Adams County case no. 2005CM463, Jackman violated SCR 20:8.4(b).
By failing to report to OLR and the Clerk of the Supreme Court his criminal conviction in Adams County case no. 2005CM463, Jackman violated SCR 21.15(5), enforced under the Rules of Professional Conduct via SCR 20:8.4 (f).
By engaging in conduct leading to a criminal conviction of Operating While Under Influence (3rd) in State vs. Scott A. Jackman, Marathon County case no. 2009CM1883, Jackman violated SCR 20:8.4(b).
Jackman has no prior discipline.
In accordance with SCR 22.09(3), Attorney Scott A. Jackman is hereby publicly reprimanded.
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