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ATTORNEY reinstatement
proceeding. Reinstatement granted upon
conditions.
¶1 PER CURIAM. We review a report
filed by Referee Lisa C. Goldman
recommending the court reinstate, with
conditions, John A. Chavez's license to
practice law in Wisconsin. After fully
reviewing this matter, we agree that
Attorney Chavez's license should be
reinstated and that conditions should be
placed upon his practice of law. We also
determine that Attorney Chavez should be
required to pay the costs of this
reinstatement proceeding, which were
$2,604.06 as of January 5, 2012.
¶2 Attorney Chavez was admitted to
practice law in Wisconsin in 1990. He
worked for two years as a prosecutor in
Jefferson County and then joined a small
firm in Whitewater for approximately eight
months. In September 1992 Attorney Chavez
started his own law firm in Cambridge,
Wisconsin, and continued to practice law
until his license was indefinitely suspended
due to his medical incapacity.
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¶3 Attorney Chavez's license to
practice law was first suspended on November
17, 2004, for failure to cooperate with an
OLR grievance investigation. On October 7,
2005, Attorney Chavez and the OLR entered
into a stipulation recommending that his
license remain suspended indefinitely based
on medical incapacity due to alcohol
addiction. This court suspended Attorney
Chavez's license indefinitely on December
14, 2005. In re Medical Incapacity
Proceedings Against Chavez, 2005 WI 167,
286
Wis. 2d 556, 706 N.W.2d 822.
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¶4 On December 23, 2010, Attorney
Chavez petitioned the supreme court to
reinstate his law license. Supreme court
rule 22.36 governs reinstatement following
suspension due to medical incapacity. It
provides that the petitioner has the burden
of showing by clear, satisfactory, and
convincing evidence that (1) the medical
incapacity has been removed, and (2) the
petitioner is fit to resume the practice of
law, with or without conditions. SCR 22.36
(6). Both requirements are necessary for
reinstatement. In re Medical Incapacity
Proceedings Against Schlieve, 2010 WI 22,
¶22, 323 Wis. 2d 654, 780 N.W.2d 516.
¶5 Referee Lisa Goldman was appointed
on May 24, 2011, and conducted an
evidentiary reinstatement hearing on
November 3, 2011. The evidence presented
included medical records, an independent
medical examination, and testimony from
Attorney Chavez and from his friends,
family, and community members. The referee
made factual findings documenting Attorney
Chavez's struggles with alcohol addiction
prior to and after the medical incapacity
proceeding.
¶6 The record evidence indicates, and
the referee found, that Attorney Chavez has
not consumed alcohol since February 9,
2010. The referee found that Attorney
Chavez has responsibly controlled his
alcohol addiction for the past year and nine
months as of the date of her report.
Medical records support this finding.
¶7 The record indicates that Attorney
Chavez entered into a monitoring contract
with WisLAP, completing his assessment on
May 4, 2011. The WisLAP contract requires
Attorney Chavez to (a) undergo a complete
professional evaluation (which has been
completed); (b) comply with all treatment
recommendations; (c) abstain from all
alcohol and other mood-altering substances;
(d) abstain from taking over-the-counter
medications that contain alcohol or mood-
altering substances; (e) register with
Affinity Online Solutions and submit to
random alcohol/drug/prescription medication
screens as requested; (f) meet with his
WisLAP monitor a minimum of once each month;
(g) make verbal contact weekly with his
monitor when not meeting in person; (h)
attend community-based support groups a
minimum of two times weekly and obtain
certification of attendance; and (i) comply
with other notification requirements. The
OLR does not oppose Attorney Chavez's
reinstatement, but asserts reinstatement
should be conditioned upon the court
requiring Attorney Chavez to participate in
the WisLAP contract and attend AA meetings
two to three times per week.
¶8 The referee also made findings
related to whether Attorney Chavez is fit to
practice law. See SCRs 22.34—22.36.
¶9 The referee found no evidence that
Attorney Chavez practiced law during his
suspension. The referee found that Attorney
Chavez has complied with this court's prior
disciplinary order and has complied with the
requirements of SCR 22.26 regarding the
activities of a person whose license is
suspended.
¶10 The referee found that Attorney
Chavez has attended continuing legal
education (CLE) seminars and is currently in
compliance with the CLE and ethics and
professional responsibility (EPR)
requirements for reinstatement. Mindful
however that Attorney Chavez has not
practiced law for seven years, the referee
recommended Attorney Chavez obtain a mentor
attorney for two years to assist him with
his reintegration into the practice of law,
and also recommended that Attorney Chavez
obtain certain CLE training should he decide
to open a new law office. The referee
concluded that "[t]hese parameters should
ensure that [Attorney] Chavez transition
smoothly into the practice of law."
¶11 The referee noted that lawyers who
have known Attorney Chavez for years wrote
letters asserting that Attorney Chavez was a
fine attorney while he practiced law and
expressed confidence that Attorney Chavez
would continue to be a fine attorney so long
as he remained sober. Attorney Chavez was
described as capable, competent, and hard
working. The referee explicitly found
that "[a]ll of the evidence in this case
reveals that [Attorney] Chavez was, prior to
his medical incapacity, a very good
attorney."
¶12 The referee considered the fact that
Attorney Chavez owes child support arrears
and that he received three criminal
convictions relating to child support after
the date of his indefinite suspension.
Attorney Chavez testified that approximately
one-half of his paychecks are being applied
to these arrears, and he provided
documentary support for that assertion. As
the referee noted, resuming the practice of
law should better enable Attorney Chavez to
meet his financial obligations.
¶13 After considering all of the
evidence, the referee concluded that
Attorney Chavez met his burden pursuant to
SCR 22.36(6) to show by clear, satisfactory,
and convincing evidence that his medical
incapacity has been removed and that he is
fit to practice law. The referee
recommended the court reinstate Attorney
Chavez's license subject to conditions as
set forth below.
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¶14 No appeal has been filed so the
court considers this matter pursuant to SCR
22.33(3). A referee's findings of fact will
not be overturned unless clearly erroneous.
In re Disciplinary Proceedings Against
Eisenberg, 2004 WI 14, ¶5, 269 Wis. 2d 43,
675 N.W.2d 747. We independently review the
referee's legal conclusions, noting that
whether the petitioner has demonstrated
fitness to resume the practice of law
presents a legal question we review de
novo. See Nottelson v. Wis. Dep't of
Indus., Labor, and Human Relations, 94
Wis.
2d 106, 116, 287 N.W.2d 763 (1980).
¶15 We conclude the referee's findings
support a determination that Attorney Chavez
has met his burden under SCR 22.36(6) to
establish by clear, convincing, and
satisfactory evidence that his medical
incapacity is removed and he is fit to
resume the practice of law. We agree that
some conditions on Attorney Chavez's license
to practice law are necessary to ensure that
Attorney Chavez continues to receive
appropriate treatment. The conditions
imposed are based on the OLR's suggestions
as well as those recommended by the referee.
¶16 Finally, we order Attorney Chavez to
pay the costs of this proceeding. We are
aware that Attorney Chavez has significant
financial obligations, and we direct
Attorney Chavez to work with the OLR to
reach an agreement by which the cost
assessment may be paid over time. See
In re
Disciplinary Proceedings Against Konnor,
2005 WI 37, ¶50, 279 Wis. 2d 284, 694 N.W.2d
376 (Abrahamson, C.J., concurring) ("If a
lawyer cannot pay the full costs
immediately, an agreement may be reached to
enable the lawyer to pay the costs over
time.").
¶17 IT IS ORDERED that the petition for
reinstatement of the license of John A.
Chavez to practice law in Wisconsin is
granted, effective July 24, 2012.
¶18 IT IS FURTHER ORDERED that, as a
condition of the reinstatement of his
license to practice law in Wisconsin, John
A. Chavez shall, within 14 days after the
date of this order and prior to resuming the
practice of law, activate a monitoring
contract with WisLAP and shall comply, to
the best of his ability, with all conditions
imposed therein which may include but may
not be limited to:
A. Complying with all treatment
recommendations;
B. Abstaining from all alcohol and
other mood-altering substances;
C. Abstaining from taking over-the-
counter medications that contain alcohol or
mood-altering substances;
D. Registering with Affinity Online
Solutions and submitting to random
alcohol/drug/prescription medication screens
as requested;
E. Meeting with his WisLAP monitor a
minimum of once per month and making verbal
contact with his WisLAP monitor once per
week;
F. Attending community-based support
groups, such as Alcoholics Anonymous
meetings, a minimum of two times weekly and
obtaining certification of attendance, and
complying with other notification
requirements until further order of the
court;
G. Submitting, at his own expense and
until further order of this court, to random
alcohol and substance abuse screening as
directed and monitored by the Office of
Lawyer Regulation to confirm his sobriety
and that he is not using illegal substances.
These conditions shall remain in effect
until further order of the court.
¶19 IT IS FURTHER ORDERED that within 30
days after the date of this order, John A.
Chavez shall, if he has not already done so,
sign reciprocal releases of confidentiality
(complying with the federal Health Insurance
Portability and Accountability Act and all
other applicable federal and state laws) for
each treatment provider who is providing or
has provided alcohol-related or substance
abuse-related treatment or services to John
A. Chavez so that such treatment providers
may share pertinent information related to
John A. Chavez's substance abuse history and
related issues. In addition to authorizing
other treatment providers to obtain access
to such treatment information, the releases
signed by John A. Chavez shall also
authorize disclosure of all records
concerning alcohol-related or substance
abuse-related treatment or services to the
Office of Lawyer Regulation. The Office of
Lawyer Regulation shall maintain as
confidential all information or documents
received pursuant to these releases. The
releases required by this paragraph shall
remain in effect for two years from the date
of this order.
¶20 IT IS FURTHER ORDERED that, during
the first two-year period after his
reinstatement, John A. Chavez shall be
subject to the direct supervisory authority
of a mentor attorney approved by the Office
of Lawyer Regulation pursuant to the
requirements of SCR 20:5.1(b).
¶21 IT IS FURTHER ORDERED if, within the
first two-year period after his
reinstatement, John A. Chavez decides to
resume practice as a solo practitioner, John
A. Chavez shall attend a minimum of seven
(7) hours of continuing legal education
concerning the subjects of fee agreements,
client trust account management, and law
office management, and shall provide
certificates of attendance for such seminars
to the Office of Lawyer Regulation prior to
resuming practice as a solo practitioner.
¶22 IT IS FURTHER ORDERED that within
120 days of the date of this order, John A.
Chavez shall pay to the Office of Lawyer
Regulation the costs of this proceeding. If
the costs are not paid within the time
specified and John A. Chavez has not
negotiated a resolution as to the payment of
the costs over time with the Office of
Lawyer Regulation, the Office of Lawyer
Regulation is authorized to move this court
for a further suspension of the license of
John A. Chavez to practice law in Wisconsin.
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