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ATTORNEY reinstatement
proceeding. Reinstatement granted upon
conditions.
¶1 PER CURIAM. We review a referee's
report recommending that Kristin J.
Gernetzke's license to practice law in
Wisconsin be reinstated.
¶2 We adopt the referee's findings of
fact and conclusions of law and conclude
that Attorney Gernetzke's license to
practice law should be reinstated upon the
conditions recommended by the referee. We
further direct Attorney Gernetzke to pay the
costs of the reinstatement proceeding, which
total $2,895.92, as of February 27, 2008.
¶3 Attorney Gernetzke was admitted to
practice law in Wisconsin in 2002. Her
license was suspended for a period of six
months, effective March 2, 2007, as a result
of improper and undocumented billings that
she submitted to the Office of the State
Public Defender (SPD). See In re
Disciplinary Proceedings Against
Gernetzke, 2007 WI 6, 298 Wis. 2d 607, 725
N.W.2d 942.
¶4 On August 30, 2007, Attorney
Gernetzke filed a petition for
reinstatement. Thomas H. Taylor was
appointed referee. On February 8, 2008, the
referee filed a report recommending that
Attorney Gernetzke's reinstatement petition
be granted. In his report, the referee
noted that Attorney Gernetzke complied with
this court's decision and order suspending
her license. He further noted that since
the time of her suspension, Attorney
Gernetzke has provided significant care and
assistance to her elderly mother, as well as
being employed as a real estate project
coordinator at Ashley Furniture. The
referee noted that if her license is
reinstated, Attorney Gernetzke hopes to
evolve into an in-house legal counsel
position at Ashley Furniture.
¶5 The referee noted that Attorney
Gernetzke accepts full responsibility for
her professional misconduct and that she has
paid full restitution, exceeding $21,000, to
the SPD's office. The referee said Attorney
Gernetzke's behavior has been above reproach
during her suspension.
¶6 The referee recommended that
Attorney Gernetzke's license to practice law
in Wisconsin be reinstated subject to the
following conditions:
1. For a period of three years from the
effective date of reinstatement, Attorney
Gernetzke shall engage in the practice of
law in Wisconsin under the direct
supervision of a licensed attorney
acceptable to and approved by the Office of
Lawyer Regulation (OLR).
2. Within ten days of the effective
date of reinstatement, Attorney Gernetzke
shall provide her supervising attorney with
copies of this court's January 19, 2007,
decision and its decision in this case.
3. Attorney Gernetzke's supervising
attorney shall have all the duties generally
held by a supervising attorney under SCR
20:5.1(b).
4. Attorney Gernetzke's supervising
attorney shall file quarterly reports with
the OLR.
5. If Attorney Gernetzke changes her
place of residence or employment at any time
during the three-year period, she shall
promptly notify the OLR.
6. Attorney Gernetzke shall be
responsible for the timely filing of all
reports and notices and those reports and
notices shall be mailed to the OLR.
7. If Attorney Gernetzke fails to
comply with any of the foregoing terms and
conditions, her license shall be
suspended.
¶7 The referee also recommended that
the costs of this proceeding be assessed
against Attorney Gernetzke, and that she be
required to pay the full costs within 180
days.
¶8 On January 17, 2008, the Board of
Bar Examiners (BBE) recommended Attorney
Gernetzke's reinstatement to the practice of
law in Wisconsin subject to her compliance
with current CLE requirements.
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¶9 The standards to be met for
reinstatement of a law license are provided
in SCR 22.31(1). The petitioner has 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. 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).
¶10 After review of the record, we agree
with the referee that Attorney Gernetzke has
established by clear, satisfactory, and
convincing evidence that she has satisfied
all the criteria necessary for
reinstatement. Accordingly, we adopt the
referee's findings of fact and conclusions
of law, and we accept the referee's
recommendation to reinstate Attorney
Gernetzke's license to practice law in
Wisconsin. We also find it appropriate to
impose the conditions recommended by the
referee. Since it is not clear when
Attorney Gernetzke will actually be resuming
the practice of law, we have revised the
first condition proposed by the referee. We
further direct Attorney Gernetzke to pay the
costs of the reinstatement proceedings.
¶11 IT IS ORDERED that the petition for
reinstatement of the license of Kristin J.
Gernetzke to practice law in Wisconsin is
granted, effective the date of this order.
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¶12 IT IS FURTHER ORDERED that the
reinstatement of Attorney Gernetzke's
license to practice law be subject to the
following conditions:
1. For a period of three years from the
date she resumes the practice of law,
Attorney Gernetzke shall engage in the
practice of law in Wisconsin under the
direct supervision of a licensed attorney
acceptable to and approved by the Office of
Lawyer Regulation.
2. Within ten days of the date Attorney
Gernetzke resumes the practice of law,
Attorney Gernetzke shall provide her
supervising attorney with copies of this
court's January 19, 2007, decision and its
decision in this case.
3. Attorney Gernetzke's supervising
attorney shall have all the duties generally
held by a supervising attorney under SCR
20:5.1(b).
4. Attorney Gernetzke's supervising
attorney shall file quarterly reports with
the Office of Lawyer Regulation.
5. If Attorney Gernetzke changes her
place of residence or employment at any time
during the three-year period, she shall
promptly notify the Office of Lawyer
Regulation.
6. Attorney Gernetzke shall be
responsible for the timely filing of all
reports and notices and those reports and
notices shall be mailed to the Office of
Lawyer Regulation.
7. If Attorney Gernetzke fails to
comply with any of the foregoing terms and
conditions, her license shall be suspended.
¶13 IT IS FURTHER ORDERED that within
180 days of the date of this order, Kristin
J. Gernetzke shall 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 her inability to
pay the costs within that time, the license
of Kristin J. Gernetzke to practice law in
Wisconsin shall be suspended until further
order of the court.
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