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ATTORNEY disciplinary
proceeding. Reinstatement granted.
¶1 PER CURIAM. We review a referee's
report recommending that Attorney Mark E.
Sostarich's license to practice law in
Wisconsin be reinstated. The Office of
Lawyer Regulation (OLR) and the Board of
Bar Examiners (BBE) have both joined in
that favorable recommendation.
¶2 After careful consideration, we
adopt the referee's findings of fact and
conclusions of law and conclude that
Attorney Sostarich's license to practice
law should be reinstated. We direct
Attorney Sostarich to pay the costs of the
reinstatement proceeding.
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¶3 Attorney Sostarich was admitted to
practice law in Wisconsin in 1978. On May
18, 2004, this court summarily suspended
his license to practice law upon learning
that he had pled guilty in federal court to
one count of conspiracy to commit offenses
involving federal program funds under Title
18, U.S.C. §§ 371, 666, 1341 and 1346 in
connection with a public corruption scandal
involving former Senator Gary George.
United States v. Sostarich, No. 03 CR
260 (E.D. Wis. 2005). See SCR 22.20(1).
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¶4 An attorney disciplinary
investigation was conducted and on June 29,
2005, this court suspended Attorney
Sostarich's license to practice law for a
period of 18 months. In so doing we
rejected as insufficient the referee's
recommendation for a 12-month suspension.
We ruled that Attorney Sostarich had
committed a criminal act that reflected
adversely on his honesty, trustworthiness
or fitness as a lawyer in other respects,
in violation of SCR 20:8.4(b) when he
engaged in the conduct resulting in the
aforementioned criminal conviction. The
suspension was imposed retroactive to the
date his summary suspension took effect.
Attorney Sostarich was also directed to pay
the costs of that disciplinary proceeding.
See In re Disciplinary Proceedings
Against Sostarich, 2005 WI 97, 282 Wis.
2d 712, 698 N.W.2d 711.
¶5 Attorney Sostarich now seeks
reinstatement of his license to practice
law in Wisconsin. Consistent with our
standard practice, the matter was submitted
to a referee for consideration.
¶6 On December 21, 2005, Referee Kim
Peterson conducted a formal hearing on the
reinstatement petition. Referee Peterson
filed a report and recommendation on
January 18, 2006, recommending this court
grant the petition for reinstatement. The
OLR and the BBE have both joined in that
favorable recommendation.
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¶7 SCR 22.31(1) provides the standard
to be met for reinstatement of a law
license. The petitioner must meet the
burden of demonstrating "by clear,
satisfactory, and convincing evidence" that
the lawyer has the moral character to
practice law, that the lawyer's resumption
of the practice of law will not be
detrimental to the administration of
justice or subversive of the public
interest, and that the lawyer has complied
with SCR 22.26 and the terms of the
suspension.
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¶8 In addition, SCR 22.29(4) sets
forth related requirements that a petition
for reinstatement must show. All of these
additional requirements are effectively
incorporated into SCR 22.31(1).
¶9 Here, the referee concluded that
Attorney Sostarich had met all of the
criteria for reinstatement, including
compliance with repayment obligations, and
has met his burden of demonstrating that
his license to practice law in Wisconsin
should be reinstated. The referee
specifically noted that "the prior
misconduct, for which Mr. Sostarich was
sanctioned, is really an aberration in his
life as an attorney, and not part of a
pattern of improper behavior."
¶10 We note further that Attorney
Sostarich cooperated fully in the
underlying federal criminal proceeding,
self-reported his conviction to the OLR,
and is complying fully with the criminal
penalties imposed upon him in the criminal
proceeding. On March 11, 2005, Attorney
Sostarich was sentenced in federal court to
three years probation, conditioned on 150
days of home confinement with the usual
conditions of home confinement, including
electronic monitoring. He was also ordered
to pay restitution to the Police Athletic
League in the amount of $42,649 and to
perform 75 hours of community service. We
note that during the sentencing proceeding
in the federal court, the sentencing judge
considered Attorney Sostarich's significant
health concerns, commented that there was
no real financial gain to Attorney
Sostarich, and commented very favorably on
Attorney Sostarich's otherwise stellar
record of community and public service.
¶11 After careful review of the record
we agree that Attorney Sostarich has
established by clear, satisfactory, and
convincing evidence that he has satisfied
all the criteria necessary for
reinstatement. We note further that he was
suspended for a period of 18 months and his
license has now been under suspension
nearly two years.
¶12 Accordingly, we adopt the referee's
findings of fact and conclusions of law and
we accept the referee's recommendation to
reinstate Attorney Sostarich's license to
practice law in Wisconsin. We direct
Attorney Sostarich to pay the costs of this
reinstatement proceeding, which total
$2022.35 as of March 2, 2006.
¶13 IT IS ORDERED that the petition for
reinstatement of the license of Mark E.
Sostarich to practice law in Wisconsin is
granted, effective the date of this order.
¶14 IT IS FURTHER ORDERED that within
six months of the date of this order Mark
E. Sostarich pay to the Office of Lawyer
Regulation the costs of this proceeding.
If the costs are not paid within the time
specified, and absent a showing to this
court of his inability to pay the costs
within that time, the license of Mark E.
Sostarich to practice law in Wisconsin
shall be suspended until further order of
the court.
¶15 DAVID T. PROSSER and LOUIS B.
BUTLER, JR., J.J. did not participate.
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