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ATTORNEY disciplinary
proceeding. Attorney publicly
reprimanded.
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1 PER CURIAM. The Office of Lawyer
Regulation (OLR) has filed a complaint and
motion pursuant to SCR 22.22 requesting that
this court impose reciprocal discipline
against Attorney Scott E. Selmer identical
to the public reprimand imposed by the
Minnesota Supreme Court. The OLR's
complaint further alleges that Attorney
Selmer failed to notify the OLR of the
public reprimand in Minnesota within 20 days
of the effective date of the order, contrary
to SCR 22.22(1).
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¶2 On November 20, 2008, in response to
the OLR's motion, this court issued an order
directing Attorney Selmer to show cause in
writing by December 10, 2008, why the
imposition of the identical discipline
imposed by the Minnesota Supreme Court would
be unwarranted. Attorney Selmer failed to
respond to either the OLR's complaint or the
order to show cause.
¶3 Attorney Selmer was licensed to
practice law in Wisconsin in 1978 and was
admitted to practice law in Minnesota in
1991. His most recent address is Golden
Valley, Minnesota. In 1990 he received a
consensual private reprimand for filing
documents with the Pierce County circuit
court and the court of appeals while under a
continuing legal education (CLE)
suspension. In 1995 he was publicly
reprimanded for failing to promptly provide
a client in a personal injury matter with a
full accounting of funds. See In re
Disciplinary Proceedings Against Selmer,
195
Wis. 2d 687, 538 N.W.2d 252 (1995). In 1999
Attorney Selmer's law license was
reciprocally suspended for a period of one
year for professional misconduct in
Minnesota consisting of engaging in a
pattern of frivolous and harassing conduct
by filing counterclaims alleging racial
discrimination in actions brought against
him by his creditors. See In re
Disciplinary Proceedings Against Selmer,
227
Wis. 2d 85, 595 N.W.2d 373 (1999). Attorney
Selmer's license to practice law in
Wisconsin is currently suspended for failure
to comply with CLE requirements and for
failure to pay his state bar dues.
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¶4 On May 22, 2008, the Minnesota
Supreme Court ordered Attorney Selmer to be
publicly reprimanded and also ordered one
year of unsupervised probation. The
misconduct upon which Attorney Selmer's
Minnesota discipline was imposed consisted
of failure to comply with the terms of
probation; failure to file timely individual
income tax returns; and a fifth-degree
assault conviction.
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¶5 SCR 22.22(3) provides that this
court "shall impose the identical discipline
or license suspension unless . . . [t]he
procedure in the other jurisdiction was so
lacking in notice or opportunity to be heard
as to constitute a deprivation of due
process" violation; "there was such an
infirmity of proof establishing the
misconduct . . . that [this court] could not
accept as final" the other jurisdiction's
misconduct finding; or "the misconduct
justifies substantially different
discipline" here. Attorney Selmer has not
alleged that any of these three exceptions
exist. Accordingly, the imposition of
reciprocal discipline against Attorney
Selmer is warranted.
¶6 IT IS ORDERED that Scott E. Selmer
is publicly reprimanded as reciprocal
discipline to that imposed by the Minnesota
Supreme Court.
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