Stephen W. Carpenter is an assistant district attorney for Rock County. On August 8, 1990 an inmate appeared at an initial appearance with his court-appointed defense counsel on burglary and sexual assault charges. The inmate was subsequently confined to the Rock County Jail awaiting trial. Sometime between August 8, 1990 and September 18, 1990, the inmate initiated contact with a county police detective and proposed using the inmate's girlfriend, G, to make controlled drug purchases for the county.

In response to the inmate's request, on September 28, 1990, Atty. Carpenter, another assistant district attorney and the detective met with the inmate in the jail to negotiate with the inmate and G for consideration on the inmate's pending cases. At no time prior to the meeting did Atty. Carpenter or the other prosecutor inform the defense attorney that the meeting was going to take place or obtain the consent of the defense attorney to communicate with the inmate, although Atty. Carpenter and the other prosecutor knew that the inmate was represented by counsel.

The negotiations concerned what benefits the inmate would receive in exchange for G's proposed assistance. Atty. Carpenter and the other prosecutor told the inmate that the State would agree to a reduced ten-year sentence in exchange for G's participation in controlled drug purchases. Atty. Carpenter and the other prosecutor told the inmate that a written contract would be drawn up to detail each party's expectations. The meeting lasted one and one-half hours.

On October 9, 1990, Atty. Carpenter and the detective brought the written contract to the jail for the inmate's consideration and signature. Defense counsel was not present. The agreement had signature lines for the detective, Atty. Carpenter, the other prosecutor, the inmate, and G, but there was no signature line for the defense counsel. The agreement provided that in consideration for G's controlled drug purchases, the district attorney's office would recommend that the inmate be sentenced to no more than ten years in prison. The inmate did not sign the agreement. Neither Atty. Carpenter nor the other prosecutor informed the defense attorney of the meeting held on October 9, 1990, and neither one requested the consent of defense counsel before meeting with the inmate.

On October 17, 1990 the inmate informed his attorney that Atty. Carpenter and the other prosecutor had met with him in jail, that they had negotiated with him and G concerning the pending charges and that Atty. Carpenter and the detective had brought the written agreement to the jail.

On October 24, 1990, Atty. Carpenter and the detective again met with the inmate and presented the written agreement for the inmate to sign. The defense attorney was not present. The inmate did not sign the agreement. The defense attorney asserts that he was not informed about the meeting in advance and did not give consent for the State to meet with his client.

On November 1, 1990, defense counsel and the second prosecutor discussed the pending criminal charges, and for the first time, the defense attorney was informed by the State of the prior negotiations that had gone on with the inmate directly.

The Board concluded that by meeting with the inmate on three occasions without the consent of the inmate's attorney on matters relating to the pending criminal charges on which Mr. Carpenter knew that the inmate was represented by counsel, Mr. Carpenter violated SCR 20:4.2.

In accordance with SCR 21.09(2) the Board of Attorneys Professional Responsibility does hereby publicly reprimand Atty. Stephen W. Carpenter of Janesville.