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In February 2002, Attorney Frederick J.
Voss of Rhinelander was appointed to
represent a man in several criminal matters
pending against him. Among the charges
pending against the client in Marathon
County on March 23, 2002 were counts of
conspiracy to commit first degree
intentional homicide. The client’s alleged
victim was a woman with whom the client had
a prior personal relationship, B.W. In
connection with the conspiracy to commit
homicide charges then pending against the
client, the circuit court had entered
an “Order for No Contact Provision,” in
which the client was ordered to have no
contact with six named persons, including
B.W. and a man, J.O.
On March 23, 2002, Attorney Voss arranged
for his incarcerated client to meet with
B.W. and J.O., both of whom were also
incarcerated on that date, in a visiting
room at the Marathon County Jail. Attorney
Voss did not inform the jailer of the no-
contact order. Although Attorney Voss
states he did not read the no-contact order
closely enough to recall those who were
subject to it, the Seventh Circuit Court of
Appeals in a related case opinion and the
District 16 Committee assigned to
investigate this matter, both concluded
that Attorney Voss knew there was a court
order prohibiting the client from
contacting several persons, including B.W.
and J.O. The order stated, in part, “This
includes no direct physical or indirect
contact by telephone, writing of any kind,
and includes no contact with the above-
named persons through other persons,
including any third party contact.” The
order also indicated that violations were
punishable by criminal contempt and
revocation of jail privileges. The order
remained in effect on March 23, 2002.
The District Committee determined that
neither B.W. nor J.O. informed the jailer
of the no-contact order before or during
the contact with the client, nor did they
object to the contact while it occurred.
The District Committee also determined
there was insufficient evidence to conclude
that Attorney Voss arranged the client’s
contact with B.W. and J.O. for the purpose
of causing them to change their anticipated
testimony against the client.
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By arranging for his client to meet with
B.W. and J.O. in violation of the no-
contact order issued by the Marathon County
Circuit Court, Attorney Voss violated SCR
20:1.2(d), which states in part, “A lawyer
shall not counsel a client to engage, or
assist a client, in conduct that the lawyer
knows is criminal or fraudulent . . .” By
failing to disclose to jail personnel the
material fact of the existence of the no-
contact order, when disclosure was
necessary to avoid assisting his client in
a criminal act (the violation of the no-
contact order), Attorney Voss violated SCR
20:4.1(b), which states, “In the course of
representing a client a lawyer shall not
knowingly fail to disclose a material fact
to a third person when disclosure is
necessary to avoid assisting a criminal or
fraudulent act by a client . . .”
Attorney Voss has no prior discipline.
In accordance with SCR 22.09(3),
Attorney Frederick J. Voss is hereby
publicly reprimanded.
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