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ATTORNEY reinstatement
proceeding. Reinstatement granted.
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¶1 PER CURIAM. We review the
recommendation of the referee, Kim Peterson,
that the petition of Charles J. Chvala for
the reinstatement of his license to practice
law in this state be granted. Because no
party has responded to or appealed from that
report and recommendation, our review
proceeds under SCR 22.33(3).
¶2 After independently reviewing the
matter, we determine that Attorney Chvala
has met his burden to obtain reinstatement
of his license to practice law in
Wisconsin. We also conclude that Attorney
Chvala should be required to pay the
outstanding costs of this reinstatement
proceeding, which were $2,091.29 as of July
10, 2008.
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¶3 The standards that apply to all
petitions seeking reinstatement after a
disciplinary suspension/revocation are set
forth in SCR 22.31(1). In particular, the
petitioning attorney must demonstrate by
clear, satisfactory, and convincing evidence
that he or she has the moral character
necessary to practice law in this state,
that his or her resumption of the practice
of law will not be detrimental to the
administration of justice or subversive of
the public interest, and that the attorney
has complied fully with the terms of the
suspension order and SCR 22.26. In
addition, SCR 22.31(1)(c) incorporates the
statements that a petition for reinstatement
must contain pursuant to SCR 22.29(4)(a)-
(4m). Thus, the petitioning attorney must
demonstrate that the required
representations in the reinstatement
petition are substantiated.
¶4 Attorney Chvala was admitted to
practice law in Wisconsin in January 1979.
In addition to practicing law, for a number
of years he served as a state senator,
becoming minority leader and then majority
leader in the senate.
¶5 On May 2, 2007, based on a
stipulation between Attorney Chvala and the
Office of Lawyer Regulation (OLR), this
court suspended Attorney Chvala's license to
practice law for a period of two years,
retroactive to April 10, 2006, which was the
date on which Attorney Chvala's license had
been summarily suspended. In re
Disciplinary Proceedings Against Chvala,
2007 WI 47, ¶15, 300 Wis. 2d 206, 730 N.W.2d
648. Attorney Chvala's suspension resulted
from his criminal convictions, based on his
guilty pleas under a plea agreement, for two
felonies: misconduct in public office and
being party to the crime of making campaign
contributions in excess of lawful limits.
In addition, six other felony counts were
dismissed and read in for sentencing
purposes while the remaining counts were
simply dismissed on the prosecutor's
motion. See State v. Straszkowki,
2008 WI
65, _ Wis. 2d _, 750 N.W.2d 835
(discussing effect of "read-in charges").
The circuit court withheld sentence and
placed Attorney Chvala on probation for a
period of two years, with the condition that
he spend nine months in the county jail with
work-release privileges.
¶6 On January 10, 2008, Attorney Chvala
filed a petition seeking the reinstatement
of his license to practice law. As required
by SCR 22.29, the petition stated, among
other things, that Attorney Chvala had not
practiced law during his suspension, that he
had otherwise complied with the terms of the
suspension order, that he had maintained
competence in the law by attending 32 hours
of continuing legal education (including
four hours regarding legal ethics) in 2007,
that he had been successfully released from
probation on December 15, 2007, and that he
had paid all fines and costs imposed on him
in the prior criminal proceeding. The
petition averred that during the period of
suspension, Attorney Chvala had worked on
developing commercial real estate projects,
had managed other business projects, had
acted as a commercial real estate broker
until August 1, 2007, and had performed
marketing consulting services. The petition
further stated that Attorney Chvala
intended, if reinstated, to engage in the
general practice of law as he had done prior
to the suspension of his license.
¶7 The Board of Bar Examiners (BBE) and
the OLR both submitted memoranda prior to
the reinstatement hearing supporting
reinstatement on the basis of the facts
known to them. The OLR's pre-hearing
memorandum, which was quite lengthy,
described the results of its investigation
concerning the petition for reinstatement.
The OLR noted that it had obtained from
Attorney Chvala the names of five
references, each of whom was an attorney,
and that each of the references had given a
favorable recommendation in support of
Attorney Chvala's reinstatement. One
reference stated that he had observed
Attorney Chvala strictly complying with the
terms of his suspension, including telling
individuals that he could no longer practice
law and suggesting that they consult a
licensed attorney. Another reference also
indicated that Attorney Chvala had sent
individuals to consult with him since
Attorney Chvala could not represent them.
The OLR concluded that based on the
information it had obtained during its
investigation, Attorney Chvala had satisfied
the requirements for reinstatement.
¶8 Attorney Kim Peterson was appointed
referee in this matter. Referee Peterson
held a reinstatement hearing on May 23,
2008.
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¶9 The referee subsequently issued a
report recommending that Attorney Chvala's
license to practice law in this state be
reinstated. The referee found that Attorney
Chvala had proven each of the requirements
for reinstatement by clear, satisfactory,
and convincing evidence. For example, the
referee determined that Attorney Chvala had
complied with the terms of his suspension
and the provisions of SCR 22.26, which
impose certain obligations upon an attorney
in connection with a suspension or
revocation. She also concluded that he had
satisfied the requirements of SCR 22.29(4)
(a)-(4m). In particular, the referee
concluded that Attorney Chvala had
demonstrated that he has the moral character
to practice law in this state and that his
resumption of the practice of law will not
be detrimental to the administration of
justice or subversive of the public
interest. See SCR 22.31(1).
¶10 The referee commented that, like
many attorneys seeking reinstatement,
Attorney Chvala had been able to present
multiple recommendations from respected
attorneys and public figures. These
individuals described numerous desirable
character traits that support the conclusion
that Attorney Chvala would be a good
attorney and would work for the public
good. What the referee found important was
that, despite Attorney Chvala's high profile
as a former legislator and the public
attention that surrounded his criminal case,
no one either appeared at the reinstatement
hearing or submitted a letter to oppose his
reinstatement. Indeed, during the OLR's own
investigation concerning the reinstatement
petition, no one argued against the
reinstatement of Attorney Chvala's license
to practice law in Wisconsin.
¶11 The referee further stated that
Attorney Chvala had expressed remorse for
his past conduct. He had indicated that he
had considered his past behavior, examined
his shortcomings, and had made efforts to
minimize those traits that had led to his
professional misconduct. The referee stated
that she was confident that Attorney Chvala
had learned from the events of the past few
years so that he will proceed in the
practice of law with an appropriate respect
for and understanding of the ethical
standards that all Wisconsin attorneys must
meet.
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¶12 Having independently considered the
matter, we determine that the referee's
findings of fact are not clearly erroneous.
See In re Disciplinary Proceedings
Against Carroll, 2004 WI 19, ¶9, 269 Wis.
2d 172, 675 N.W.2d 792 (referee's factual
findings affirmed unless clearly
erroneous). We also agree with the referee
that based upon those factual findings,
Attorney Chvala has satisfied the legal
requirements for the reinstatement of his
license to practice law in Wisconsin.
Id. (referee's conclusions of law
reviewed on a de novo basis). We note that
Attorney Chvala had practiced law for more
than 20 years without ever having been
subject to professional discipline prior to
his current suspension. In addition,
although Attorney Chvala's professional
misconduct arose in the course of his work
as a state senator and was a serious breach
of the public trust, it did not directly
relate to his work as a practicing lawyer
representing clients. Based on the
referee's findings of fact, we have no
reason to believe that Attorney Chvala will
not comport himself in accordance with his
professional obligations as an attorney, and
we therefore grant Attorney Chvala's
petition for reinstatement. We further
determine that Attorney Chvala should be
required to pay the full costs of this
reinstatement proceeding.
¶13 IT IS ORDERED that Charles J.
Chvala's license to practice law in
Wisconsin is reinstated effective the date
of this order.
¶14 IT IS FURTHER ORDERED that within 60
days of the date of this order Charles J.
Chvala 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 his inability to pay the costs
within that time, the license of Charles J.
Chvala to practice law in Wisconsin shall be
suspended until further order of the court.-
¶15 DAVID T. PROSSER, J., and MICHAEL J.
GABLEMAN, J., did not participate.
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