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The Court entered the following order on
this date:
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The Office of Lawyer Regulation (OLR) and
Attorney Anthony Irby Moree has stipulated,
pursuant to SCR 22.12, for reciprocal
discipline under SCR 22.22.
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Attorney Moree was admitted to the practice
of law in Wisconsin in 1982. His Wisconsin
law license was suspended in 1992 for
failure to pay annual bar dues. His license
remains suspended.
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Attorney Moree was admitted to practice law
in Illinois in 1985. Pursuant to a January
20, 2004 order of the Illinois Supreme
Court, Attorney Moree's Illinois license to
practice law was suspended for misconduct
consisting of (a) conversion; (b) entering
into an agreement with a client or former
client limiting or purporting to limit the
right of the client or former client to file
or pursue any complaint before the Attorney
Registration and Disciplinary Commission, in
violation of Rule 1.8(h) of the Illinois
Rules of Professional Conduct; (c) failure
to deposit funds of a third person in a
separate and identifiable trust account, in
violation of Rule 1.15(a) of the Illinois
Rules of Professional Conduct; (d) failure
to promptly pay or deliver to a client or
third person funds that the client or third
person was entitled to receive, in violation
of Rule 1.15(b) of the Illinois Rules of
Professional Conduct; (e) conduct involving
dishonesty, fraud, deceit or
misrepresentation, in violation of Rule 8.4
(a)(4) of the Illinois Rules of Professional
Conduct; (f) conduct that is prejudicial to
the administration of justice, in violation
of Rule 8.l4(a)(5) of the Illinois Rules of
Professional Conduct; and (g) conduct which
tends to defeat the administration of
justice or to bring the courts or the legal
profession into disrepute, in violation of
Illinois Supreme Court Rule 771.
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The Illinois Supreme Court suspended
Attorney Moree's Illinois law license for 18
months, with all but the first three months
of suspension stayed by a two-year period of
probation, subject to conditions.
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SCR 22.22(3) provides that this court shall
impose the identical discipline or license
suspension unless the procedure in the other
jurisdiction was so lacking in notice or
opportunity to be heard as to constitute a
due process violation; there was such an
infirmity of proof establishing the
misconduct that this court could not accept
as final the misconduct findings; or the
misconduct justifies substantially different
discipline here. Neither the OLR nor
Attorney Moree contend, nor does this court
find, that any of these three exceptions
exist. The OLR and Attorney Moree note that
the discipline imposed by the Illinois
Supreme Court includes elements not
generally imposed in Wisconsin disciplinary
proceedings, including the stay of all but
three months of the imposed suspension and
placing Attorney Moree on probation. The OLR
and Attorney Moree request and stipulate
that as reciprocal discipline this court
impose a three-month suspension of Attorney
Moree's license to practice law in Wisconsin
and order him to comply with the terms and
conditions established by the Illinois
Supreme Court. We conclude that this
proposal does effectuate "identical
discipline" under the terms of SCR 22.22(3)
because it replicates the practical effect
of the Illinois Supreme Court's disciplinary
order which is to bar Attorney Moree from
the practice of law for three months as long
as he complies with the requirements of
probation.
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IT IS ORDERED that the license of Attorney
Anthony Irby Moree to practice law in
Wisconsin is suspended for three months,
effective the date of this order, and until
the further order of this court;
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IT IS FURTHER ORDERED that Attorney Moree
shall comply with the terms and conditions
of probation set forth in the Illinois
Supreme Court's order of January 20, 2004.
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Bradley, J., dissents.
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