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ATTORNEY disciplinary
proceeding. Attorney's license
suspended.
¶1 PER CURIAM. We review a
stipulation executed by Attorney Naomi E.
Soldon and the Office of Lawyer Regulation
(OLR) pursuant to SCR 22.12. In the
stipulation Attorney Soldon admits that she
committed eight counts of professional
misconduct. She agrees with the OLR's
request that her license to practice law in
Wisconsin be suspended for a period of six
months. After thoroughly reviewing the
matter, we accept the stipulation and impose
the requested discipline. Because Attorney
Soldon entered into a comprehensive
stipulation prior to the appointment of a
referee, we do not require her to pay the
costs of this proceeding.
¶2 According to the State Bar of
Wisconsin's website, Attorney Soldon was
admitted to the practice of law in Wisconsin
in 1990. She most recently practiced in
Milwaukee. Her law license is currently
administratively suspended for a number of
reasons, including the failure to pay bar
dues and assessments.
¶3 Attorney Soldon's professional
misconduct primarily stems from a series of
retail thefts and her subsequent
interactions with law enforcement. These
incidents cover a period of time from the
spring of 2007 through the spring of 2008.
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¶4 On May 24, 2007, Attorney Soldon was
arrested for retail theft at a department
store in Greendale, Wisconsin. She was
subsequently convicted of misdemeanor retail
theft (loss under $2,500). The circuit
court imposed and stayed a sentence of 30
days in the Milwaukee County House of
Correction and one year of probation.
Attorney Soldon's husband timely notified
the OLR of this conviction. See SCR
21.15
(5). In Count 1 of the complaint and
stipulation, the parties have agreed that
Attorney Soldon's conduct leading to this
criminal conviction violated SCR 20:8.4(b).
¶5 Counts 2 through 4 relate to an
incident that began at a gas station just
off Interstate 94 (I-94) in Windsor,
Wisconsin in November 2007. The Wisconsin
State Patrol was notified that a vehicle
registered to Attorney Soldon had driven off
without paying for gasoline. A state
trooper subsequently stopped Attorney Soldon
on eastbound I-94. Attorney Soldon
acknowledged that she had not paid for the
gas, but claimed that it had been an
accident. A second state trooper arrived,
and while the two officers were discussing
the matter, Attorney Soldon fled the scene
of the traffic stop. A chase ensued on
eastbound I-94, which ended when Attorney
Soldon drove her car over an embankment and
into a farm field. At the local hospital
Attorney Soldon stated she had fled the
scene of the traffic stop because she was
afraid that she was going to be arrested.
¶6 Attorney Soldon pled guilty to one
count of felony fleeing and eluding an
officer. A charge of misdemeanor retail
theft was dismissed and read in for
sentencing purposes. The Dane County
circuit court sentenced Attorney Soldon to
pay a $6,430 fine, which she paid within 60
days. Attorney Soldon failed to advise the
OLR of this conviction within five days.
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¶7 With respect to this incident, the
stipulation provides that Attorney Soldon
committed three violations of the Wisconsin
Rules of Professional Conduct for
Attorneys. First, her conduct of fleeing
and eluding an officer constituted a
violation of SCR 20:8.4(b). Likewise,
although the criminal charge on this subject
was dismissed, her conduct in driving off
without paying for gasoline also constituted
a violation of SCR 20:8.4(b). Finally, her
failure to report her criminal conviction in
writing to the OLR within five days
constituted a violation of SCR 21.15(5).
¶8 Counts 5 through 7 of the complaint
and stipulation arise out of two more retail
theft incidents that occurred in Waukesha
County in January and February 2008. On
January 14, 2008, Attorney Soldon left a
department store in Brookfield with some
stolen merchandise. As she entered her
vehicle, a store employee asked her to come
back to the store to discuss the theft.
Attorney Soldon told the employee to get out
of the way or the employee would get hurt.
She then drove off, but was subsequently
arrested. For this incident, Attorney
Soldon was again charged with misdemeanor
retail theft. That charge was ultimately
dismissed and read in at sentencing for the
conviction discussed in the succeeding
paragraph.
¶9 On February 14, 2008, Attorney
Soldon was arrested for stealing boxed sets
of compact discs at a music store in
Brookfield. She falsely told police that
her name was Maree Sheridan and gave a
series of false birth dates. With respect
to this incident, Attorney Soldon ultimately
pled guilty to one count of misdemeanor
retail theft. A count of misdemeanor
resisting or obstructing an officer was
dismissed and read in for sentencing
purposes, as was the retail theft charge for
the January 14, 2008, incident. The
Waukesha County circuit court sentenced
Attorney Soldon to 30 days in jail, but
stayed that sentence and placed Attorney
Soldon on one year of probation, as well as
imposed fines and costs totaling $602.
Attorney Soldon did report her arrest and
the proposed plea agreement in this matter
to the OLR.
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¶10 For these two acts of retail theft
and the act of obstruction of law
enforcement by providing a false name to the
police, the stipulation provides that
Attorney Soldon committed three violations
of SCR 20:8.4(b).
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¶11 Count 8 of the stipulation addresses
Attorney Soldon's failure to cooperate with
the OLR's investigation of her conduct
following the notification of her first
retail theft conviction by her husband in
December 2007. Beginning approximately two
weeks after that notification, the OLR began
sending a series of letters to Attorney
Soldon asking her to provide a written
response about the retail theft incident.
The OLR sent two such letters, in December
2007 and February 2008, but Attorney Soldon
did not respond. The OLR then granted a
series of extensions of time over the next
several months for Attorney Soldon to
respond, but she failed to do so.
Ultimately, on May 14, 2008, the OLR filed a
motion with this court seeking an order to
show cause why Attorney Soldon's license
should not be temporarily suspended. The
order to show cause was issued, and Attorney
Soldon ultimately submitted a suitable
written response to the OLR, which then
withdrew its motion. The stipulation
provides that these facts show a willful
failure to cooperate with an OLR
investigation, in violation of SCR 22.03(2),
enforced via 20:8.4(h).
¶12 In the stipulation Attorney Soldon
verifies that she understands the misconduct
allegations against her and her right to
contest those allegations; that she
understands the ramifications of the
requested discipline in the event the court
accepts the stipulation; that she
understands her right to consult counsel;
and that she is entering into the
stipulation knowingly and voluntarily. The
stipulation further provides that Attorney
Soldon is admitting her misconduct and
agreeing to the level of discipline sought
by the OLR, namely, a six-month suspension
of her license to practice law in Wisconsin.
¶13 We approve the stipulation and adopt
the stipulated facts and legal conclusions
of professional misconduct. Her series of
retail thefts and her related attempts to
avoid arrest or conviction evince a serious
disregard for the law. We therefore impose
the six-month suspension requested in the
stipulation. In light of the SCR 22.12
stipulation, we do not impose costs.
¶14 The imposition of a six-month
suspension will require Attorney Soldon to
complete successfully the formal
reinstatement process in order to regain her
license to practice law in Wisconsin. See
SCRs 22.29-22.33. In addition, before her
license can be reinstated, she will be
separately obligated to meet the
requirements to terminate the various
administrative suspensions of her license.
The reinstatement of her license cannot
occur until she successfully completes each
applicable reinstatement process.
¶15 IT IS ORDERED that the license of
Naomi E. Soldon to practice law in Wisconsin
is suspended for a period of six months,
effective as of the date of this order.
¶16 IT IS FURTHER ORDERED that to the
extent she has not already done so, Naomi E.
Soldon shall 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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