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ATTORNEY disciplinary proceeding.
Attorney's license suspended.
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¶1 PER CURIAM. We review the
stipulation
filed pursuant to SCR 22.12 by the
Office of Lawyer Regulation (OLR) and
Attorney Gene B. Radcliffe. Attorney
Radcliffe admits the misconduct alleged by
the OLR and agrees to a 90-day suspension of
his license to practice law in Wisconsin.
¶2 We adopt the stipulated facts and
conclusions of law. We agree that Attorney
Radcliffe's misconduct warrants the
suspension of his license to practice law in
Wisconsin for a period of 90 days. The OLR
has stated that it does not seek to impose
the costs of this proceeding upon Attorney
Radcliffe and we accept that recommendation.
¶3 Attorney Radcliffe was admitted to
the practice of law in Wisconsin in 1976.
He received a private reprimand in 1981.
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¶4 On July 22, 2008, the OLR filed a
complaint against Attorney Radcliffe
alleging one count of committing criminal
conduct that reflected adversely on his
honesty, trustworthiness or fitness as a
lawyer in violation of SCR 20:8.4(b).
The criminal conduct at issue involved two
separate incidents in Illinois and
Wisconsin. Illinois police conducted a
search of Attorney Radcliffe's vehicle and
discovered marijuana, drug paraphernalia,
and hydroponics supplies. Illinois
authorities then contacted Wisconsin
authorities who obtained a warrant to search
Attorney Radcliffe's Wisconsin home. The
Clark County, Wisconsin, sheriff's
department discovered marijuana plants and
supplies used to grow marijuana. On
September 27, 2007, Attorney Radcliffe pled
guilty in the Clark County circuit court
case to one count of manufacturing a
controlled substance, a Class H felony. Two
related misdemeanor charges were dismissed
on motion of the prosecutor.
¶5 At sentencing on December 19, 2007,
Attorney Radcliffe expressed remorse for the
hurt and damage he caused his family,
friends, the community, and the legal
profession. Attorney Radcliffe was
sentenced to time served (28 days), three
years probation with the possibility of
early discharge, and 100 hours of community
service. The court imposed other conditions
as well, including suspension of his
driver's license, drug treatment, and
psychological counseling.
¶6 The stipulation, together with a
memorandum in support of the stipulation,
was filed with the court on August 14,
2008.
¶7 The memorandum provides that the
parties did not engage in plea bargaining
and that Attorney Radcliffe voluntarily
stipulated to the charged misconduct, and
that the parties agreed a 90-day suspension
was appropriate discipline for the
misconduct.
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¶8 The memorandum discusses the
proposed length of suspension in
considerable detail, noting that attorney
misconduct cases involving drugs have
resulted in a wide array of dispositions.
The memorandum cites cases imposing
sanctions ranging from a private reprimand
to suspensions of two years. See e.g.,
In re
Disciplinary Proceedings Against Penn, 201
Wis. 2d 405, 548 N.W.2d 526 (1996). The
stipulation explains that the precedent
established by a case in which an attorney
received a 90-day suspension represented the
most appropriate result for OLR to seek in
the instant matter. See In re
Disciplinary
Proceedings Against Smith, 183 Wis. 2d
721,
515 N.W.2d 711 (1994). The OLR noted that
it considered the prior discipline——albeit
remote in time——as an aggravating factor, as
well as the fact there was more than a
single event. The OLR also noted that
Attorney Radcliffe is well known in his
community such that his misconduct "had the
potential to cast the legal profession into
considerable disrepute." However, the OLR
emphasized the sanctions received in the
criminal court, Attorney Radcliffe's "full
cooperation" as well as his "deep regret and
remorse, including his publicly apologizing
for his behavior."
¶9 We adopt the stipulation and the
stipulated facts and conclusions of law, and
impose the stipulated discipline. We agree
the seriousness of the misconduct warrants
the suspension of Attorney Radcliffe's
license to practice law for 90 days. In
view of the stipulation, the OLR does not
seek costs. Costs of this proceeding will
not be imposed.
¶10 IT IS ORDERED that the license of
Gene B. Radcliffe to practice law in
Wisconsin is suspended for a period of 90
days, effective January 19, 2009.
¶11 IT IS FURTHER ORDERED that, to the
extent he has not yet done so, Attorney
Radcliffe comply with the provisions of SCR
22.26 concerning the duties of a person
whose license to practice law in Wisconsin
has been suspended.
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