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Scott A. Jackman (“Jackman”), age 40, is a
Wisconsin-licensed attorney whose State Bar
identification number is 1030370. Jackman
was admitted to practice in Wisconsin on
July 17, 1997. Jackman engages in the
private practice of law in Wausau, Wisconsin.
On July 7, 2000, Jackman was convicted of
Operating While Intoxicated (1st), a non-
criminal offense.
In the early morning of Sunday, July 4,
2004, Jackman was the subject of a traffic
stop conducted by the City of Wausau,
Wisconsin Police Department, which led to
charges of Operating While Under Influence
(2nd) and Operating With PAC .08 or More
(2nd). State of Wisconsin vs. Scott A.
Jackman, Marathon County case no.
2004CM1651, filed July 23, 2004. Law
enforcement had been operating radar, and
pulled Jackman over for speeding. The
police officer who made contact with Jackman
smelled an odor of intoxicants coming from
Jackman and noted that Jackman’s eyes were
red and glassy. Jackman told the officer
that he had consumed five or six beers at a
nearby tavern, and that he was on his way
home, which was also a short distance from
the site of the traffic stop. Jackman
failed field sobriety tests. A preliminary
breath test (“PBT”) administered at the site
of the traffic stop indicated an alcohol
concentration of 0.13%. A breath test
administered at the police station following
Jackman’s arrest indicated an alcohol
concentration of 0.11%.
On January 10, 2005, pursuant to a plea of
no contest, Jackman was convicted of
misdemeanor Operating While Under Influence
(2nd) in Marathon County case no.
2004CM1651. The charge of Operating With
PAC .08 or More (2nd) was dismissed on the
prosecutor’s motion. Jackman’s sentence
included five days in jail with Huber
privileges, driver’s license revocation for
12 months, and a fine.
Jackman did not report his criminal
conviction in Marathon County case no.
2004CM1651 to the Office of Lawyer
Regulation (“OLR”) and the Clerk of the
Supreme Court as required under SCR 21.15
(5). In correspondence to OLR dated March
9, 2010, Jackman stated that he was unaware
of the reporting requirement at the time of
the conviction.
On the evening of Saturday, August 13, 2005,
while his driver’s license was revoked as a
result of his January 10, 2005 OWI (2nd)
conviction and with knowledge of that
circumstance, Jackman was the subject of a
traffic stop in the Town of Rome, Wisconsin,
which led to a charge of Operating While
Revoked (1st) in State of Wisconsin vs.
Scott A. Jackman, Adams County case no.
2005CM463.
On September 26, 2005, pursuant to a plea of
no contest, Jackman was convicted of
misdemeanor Operating While Revoked (1st) in
Adams County case no. 2005CM463. Jackman’s
sentence consisted of a fine.
Jackman did not report his criminal
conviction in Adams County case no.
2005CM463 to OLR and the Clerk of the
Supreme Court as required under SCR 21.15
(5). In correspondence to OLR dated March
9, 2010, Jackman stated that he was unaware
of the reporting requirement at the time of
the conviction.
On the evening of Friday, September 4, 2009,
Jackman was the subject of a traffic stop
conducted by the Everest Metro Police
Department in the Village of Weston,
Wisconsin, which led to a charge of
Operating While Under Influence (3rd) in
State of Wisconsin vs. Scott A. Jackman,
Marathon County case no. 2009CM1883.
Witnesses observed Jackman’s vehicle strike
a sign, causing a side mirror to break. Law
enforcement contact with Jackman followed.
The police officer who made contact with
Jackman smelled an odor of intoxicants
coming from Jackman, and noted that
Jackman’s eyes were glassy and bloodshot and
that his speech was slurred. Jackman told
the officer that he had consumed five or six
drinks. Jackman failed field sobriety
tests. A PBT indicated an alcohol
concentration of 0.20%. A blood test
following Jackman’s arrest indicated a blood
alcohol level of 0.214%.
On January 21, 2010, pursuant to a plea of
no contest, Jackman was convicted of
misdemeanor Operating While Under Influence
(3rd) in Marathon County case no.
2009CM1883. Jackman’s sentence included 40
days in jail with Huber privileges, driver’s
license revocation for 27 months, and a fine.
In correspondence to OLR and the Clerk of
the Supreme Court dated January 25, 2010,
Jackman provided notice of his misdemeanor
OWI (3rd) conviction in Marathon County case
no. 2009CM1883, stating in part, “The
purpose of this correspondence is to comply
with the notice provisions of SCR 21.15(5)
…” Jackman did not at that time remedy his
failure to report his earlier convictions in
Marathon County case no. 2004CM1651 and
Adams County case no. 2005CM463.
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By engaging in conduct leading to a criminal
conviction of Operating While Under
Influence (2nd) in State vs. Scott A.
Jackman, Marathon County case no.
2004CM1651, Attorney Scott A. Jackman
violated SCR 20:8.4(b), which states, “It is
professional misconduct for a lawyer to…
commit a criminal act that reflects
adversely on the lawyer’s honesty,
trustworthiness or fitness as a lawyer in
other respects.”
By failing to report to OLR and the Clerk of
the Supreme Court his criminal conviction in
Marathon County case no. 2004CM1651, Jackman
violated SCR 21.15(5), which states:
An attorney found guilty or convicted of
any
crime on or after July 1, 2002, shall notify
in writing the office of lawyer regulation
and the clerk of the Supreme Court within 5
days after the finding or conviction,
whichever first occurs. The notice shall
include the identity of the attorney, the
date of finding or conviction, the offenses,
and the jurisdiction. An attorney’s failure
to notify the office of lawyer regulation
and clerk of the supreme court of being
found guilty or his or her conviction is
misconduct.
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SCR 21.15(5) is enforced under the Rules of
Professional Conduct via SCR 20:8.4(f),
which states, “It is professional misconduct
for a lawyer to…violate a statute, supreme
court rule, supreme court order or supreme
court decision regulating the conduct of
lawyers.”
With knowledge of his driver’s license
revocation and the fact that the revocation
was a part of the criminal sentence imposed
in connection with his OWI (2nd) conviction,
by engaging in conduct leading to a criminal
conviction of Operating While Revoked (1st)
in State vs. Scott A. Jackman, Adams
County case no. 2005CM463, Jackman violated
SCR 20:8.4(b).
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By failing to report to OLR and the Clerk of
the Supreme Court his criminal conviction in
Adams County case no. 2005CM463, Jackman
violated SCR 21.15(5), enforced under the
Rules of Professional Conduct via SCR 20:8.4
(f).
By engaging in conduct leading to a criminal
conviction of Operating While Under
Influence (3rd) in State vs. Scott A.
Jackman, Marathon County case no.
2009CM1883, Jackman violated SCR 20:8.4(b).
Jackman has no prior discipline.
In accordance with SCR 22.09(3), Attorney
Scott A. Jackman is hereby publicly
reprimanded.
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