|
On June 1, 2012, Attorney Richard E. Thomey
II was charged with one count of misdemeanor
contempt of court, in violation of Wis.
Stat. §785.03(1)(b). State v. Richard E.
Thomey II, Milwaukee County case no.
2012CM3021. According to the criminal
complaint, the factual basis for the charge
was as follows:
Thomey represented a man in two
criminal cases, both of which were scheduled
for trial on June 1, 2011. Thomey’s client
was facing charges of violating a domestic
abuse restraining order, substantial
battery, stalking, and burglary.
The victim of the client’s alleged
crimes had been served with a subpoena to
appear for the trial but had failed to do
so. Thomey sought dismissal of the
charges. The assistant district attorney
prosecuting the cases requested that a bench
warrant be issued for the victim.
The court granted the assistant
district attorney’s request and issued a
warrant for the arrest of the victim.
That same day, two members of the
Milwaukee Police Department were assigned to
locate the victim. They located her place
of employment, a restaurant, at which time
she agreed to accompany them to the
courthouse for the trial.
While talking to the members of the
Milwaukee Police Department, the victim
stated that she had spoken with Thomey that
day and that Thomey told her she should not
go to work that day because the police would
arrest her and bring her to court. She also
reported that Thomey had previously told her
that she did not have to appear at the trial
if she did not want to, or words to that
substantial effect.
The victim also reported that Thomey
had left her a voice mail message that day.
A transcript of the message was prepared and
reflects the message as stating, “June 1,
2011 at 10:26 a.m. Hello [victim].
Attorney Rick Thomey calling. I am
[client’s] attorney. We are in court for a
jury trial. You didn’t show up, I know, but
the District Attorney asked the court to
issue a body attachment which means that she
is sending police officers out to pick you
up and bring you into court. I don’t know
if you are either at home or at work. I
know that you told me that you are out of
state, they claimed you were not at the
restaurant yesterday. Anyway, I guess that
if you don’t want to be arrested you should
make yourself scarce. If you want to call
me back, I’m at [phone number.]”
Thomey admitted to the assistant
district attorney that he had contacted the
victim and informed her of the arrest
warrant.
On June 11, 2012, Thomey pled guilty to the
single count contained in the criminal
complaint. That same day he was sentenced.
Citing Thomey’s age, his lack of prior
contact with the criminal justice system,
and his long legal career and good
reputation, the State recommended that
Thomey be fined $1,000. Thomey’s defense
counsel joined in that recommendation.
Finding that a sentence of a fine only
would “unduly depreciate the seriousness of
the offense,” the presiding judge sentenced
Thomey to 4 months in jail and a $1,000
fine. Thomey was ordered to serve the first
30 days of the jail sentence, with Huber
privileges, with the remaining 90 days being
stayed.
Thomey states that he was “caught up in the
heat of the imminent trial and the demands
of [his] client” when he advised the victim
to “make herself scarce.” Thomey admits
that he “obviously did not exercise the
judgment the situation and my duty to the
court and my duty to the justice system
demanded.” Thomey agrees that there is
clear, satisfactory, and convincing evidence
that his conduct violated SCR 20:3.4(a), SCR
20:8.4(b), and SCR 20:8.4(c).
By engaging in the conduct that led to his
criminal conviction on a charge of
misdemeanor contempt of court, Thomey
violated the following Rule of Professional
Conduct:
|
|
SCR 20:3.4(a), which states, “A lawyer
shall not unlawfully obstruct another
party's access to evidence or unlawfully
alter, destroy or conceal a document or
other material having potential evidentiary
value. A lawyer shall not counsel or assist
another person to do any such act.”
|
|
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.”
|
|
SCR 20:8.4(c), which states, “It is
professional misconduct for a lawyer to
engage in conduct involving dishonesty,
fraud, deceit or misrepresentation.”
Thomey has no prior discipline.
In accordance with SCR 22.09(3), Attorney
Richard E. Thomey II is hereby publicly
reprimanded.
Dated this 24th day of January, 2013.
|