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ATTORNEY reinstatement
proceeding. Reinstatement granted upon
conditions.
¶1 PER CURIAM. We review a report
filed by referee Christine Harris Taylor
recommending that the court reinstate, with
conditions, the license of Naomi E. Soldon
to practice law in Wisconsin. After careful
review of the matter, we agree that Attorney
Soldon's license should be reinstated and
that conditions should be placed upon her
resumption of the practice of law. We also
agree with the referee that Attorney Soldon
should be required to pay the costs of this
reinstatement proceeding, which are
$2,680.59 as of January 29, 2014.
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¶2 Attorney Soldon was admitted to
practice law in Wisconsin in 1990. She most
recently practiced law in the Milwaukee
area. In 2010, Attorney Soldon's license to
practice law was suspended for six months
for misconduct primarily related to a series
of retail thefts and her subsequent
interactions with law enforcement. Those
incidents occurred over a period of time
from the spring of 2007 through the spring
of 2008. In re Disciplinary Proceedings
Against Soldon, 2010 WI 27, 324 Wis. 2d 4,
782 N.W.2d 81.
¶3 In May of 2012, Attorney Soldon
filed a petition for the reinstatement of
her license to practice law. In June of
2012, prior to the appointment of a referee
in the reinstatement proceeding, the Office
of Lawyer Regulation (OLR) filed a letter
expressing the parties' joint request that a
referee not be appointed at that time. In
August of 2012, the OLR filed a new
disciplinary complaint against Attorney
Soldon and in September of 2012, the parties
filed an SCR 22.12 stipulation in the new
disciplinary action. On October 9, 2012,
this court granted the parties' joint
request that Attorney Soldon's petition for
reinstatement be held in abeyance pending
the resolution of the new disciplinary
action.
¶4 On December 7, 2012, Attorney
Soldon's license to practice law in
Wisconsin was suspended for six months, with
the suspension made retroactive to October
16, 2010, the date when her original six-
month suspension was scheduled to end. The
misconduct allegations giving rise to the
2012 case arose out of Attorney Soldon's
convictions for retail theft in both
Wisconsin and Illinois. In re
Disciplinary
Proceedings Against Soldon, 2012 WI 122,
344
Wis. 2d 581, 824 N.W.2d 439. On March 15,
2013, this court lifted the stay of
proceedings with respect to Attorney
Soldon's petition for the reinstatement of
her license to practice law in Wisconsin.
¶5 Attorney Soldon filed an amended
reinstatement petition. The OLR filed a
response indicating it did not oppose the
petition, provided that Attorney Soldon be
required to provide the OLR with quarterly
reports from her treating physician, Lance
P. Longo, M.D., for a period of two years to
confirm that Attorney Soldon is maintaining
her sobriety and continuing to abstain from
gambling. A public hearing on the
reinstatement petition was held on November
15, 2013. The referee filed her report and
recommendation on December 13, 2013, and
filed an amended report on January 9, 2014.
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¶6 Supreme Court Rule 22.31(1) provides
the standards to be met for reinstatement.
Specifically, the petitioner must show by
clear, satisfactory, and convincing evidence
that he or she has the moral character to
practice law; that his or her resumption of
the practice of law will not be detrimental
to the administration of justice or
subversive of the public interest; and that
he or she has complied with SCR 22.26 and
the terms of the order of suspension. In
addition to these requirements, SCR 22.29(4)
(a)-(4m)provides additional requirements
that a petition for reinstatement must
show. All of these additional requirements
are effectively incorporated into SCR 22.31
(1).
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¶7 When we review a referee's report
and recommendation, we will adopt the
referee's findings of fact unless they are
clearly erroneous. Conclusions of law are
reviewed de novo. See In re
Disciplinary
Proceedings Against Eisenberg, 2004 WI 14,
¶5, 269 Wis. 2d 43, 675 N.W.2d 747.
¶8 We conclude the referee's findings
support a determination that Attorney Soldon
has met her burden to establish by clear,
convincing, and satisfactory evidence that
she has met all of the standards required
for reinstatement.
¶9 The referee found that during the
term of her suspension, Attorney Soldon has
not practiced law. Although she assisted
her husband with his law practice, the
referee found that Attorney Soldon
vigilantly ensured that her work constituted
neither the unauthorized practice of law,
nor law work activity customarily done by
law students, law clerks, or other paralegal
personnel; and that her routine duties
included billing, filing, mailing,
marketing, purchasing, scheduling, typing,
and other purely administrative functions.
¶10 The referee found that Attorney
Soldon has fully complied with the terms of
the order of suspension and that she was not
required to make any restitution or settle
any claims caused by her misconduct. The
referee found that Attorney Soldon has
maintained competence and learning in the
law by attending various continuing legal
education conferences and programs. The
referee also found that Attorney Soldon's
conduct since the time of her suspension has
been exemplary and above reproach.
¶11 The referee noted that Attorney
Soldon's misconduct arose from her substance
abuse and gambling addiction, and since the
time of her suspension she has participated
in a one-year Milwaukee County drug
treatment program as part of the successful
completion of deferred prosecution
agreements that resulted in the dismissal
of charges against her in Milwaukee County.
In addition to the drug court program,
Attorney Soldon participated in a 28-day
inpatient treatment program, followed by
outpatient treatment and ongoing individual
treatment.
¶12 The referee noted that on August 8,
2013, Dr. Longo sent the OLR a letter
recommending Attorney Soldon's reinstatement
and outlining her treatment and prognosis.
Dr. Longo stated that Attorney Soldon
demonstrated integrity throughout her
treatment. Dr. Longo said Attorney Soldon's
chances of relapsing were particularly low
given the strength and length, almost four
years, of her recovery. Dr. Longo said, "My
prognosis, therefore, is that [Attorney
Soldon] will maintain her recovery. As the
misconduct resulted from her addictions that
are no longer problematic, I believe that
[Attorney Soldon] is fit to practice law in
Wisconsin."
¶13 The referee found that Attorney
Soldon has a proper understanding of and
attitude toward the standards that are
imposed upon members of the bar and will act
in conformity with those standards. The
referee also found that Attorney Soldon can
safely be recommended to the legal
profession, the courts, and the public as a
person fit to be consulted by others and to
represent them and otherwise act in matters
of trust and confidence and in general to
aid in the administration of justice as a
member of the bar and as an officer of the
courts. The referee noted that if her
license to practice is reinstated, Attorney
Soldon intends to practice labor law, as she
did prior to her suspension, and she plans
to work with her husband.
¶14 The referee noted that no testimony
was presented during the hearing to indicate
opposition to Attorney Soldon's request that
her license to practice law in Wisconsin be
reinstated.
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¶15 The referee stated, "Ms. Soldon has
testified convincingly about the facts and
circumstances leading to her suspension.
She takes full responsibility for her
addiction and is committed to her
recovery." The referee recommends that
Attorney Soldon's license to practice law in
Wisconsin be reinstated subject to a
requirement that she provide the OLR with
quarterly reports from Dr. Longo for a
period of two years to confirm that she is
maintaining her sobriety and continuing to
abstain from gambling.
¶16 This court has carefully evaluated
whether Attorney Soldon has indeed met the
requirements for the reinstatement of her
license to practice law in Wisconsin, and we
conclude that she has. Attorney Soldon has
acknowledged the wrongfulness of her
conduct, voluntarily entered into a
rehabilitation program, and by all accounts
has successfully undergone treatment for her
addictions. We agree with the referee that
Attorney Soldon has met her burden of proof
with respect to all elements needed to
justify her reinstatement. We agree with
the referee that, as a condition of her
reinstatement, Attorney Soldon should be
required to provide the OLR with quarterly
reports from Dr. Longo for a period of two
years to confirm that she is maintaining her
sobriety and continuing to abstain from
gambling. We also agree with the referee's
recommendation that Attorney Soldon should
pay the full costs of the proceeding, which
are $2,680.59.
¶17 IT IS ORDERED that the license of
Naomi E. Soldon to practice law in Wisconsin
is reinstated effective the date of this
order.
¶18 IT IS FURTHER ORDERED that, as a
condition of the reinstatement of her
license to practice law in Wisconsin, Naomi
E. Soldon shall provide the Office of Lawyer
Regulation with quarterly reports from Dr.
Lance Longo for a period of two years to
confirm that she is maintaining her sobriety
and continuing to abstain from gambling.
¶19 IT IS FURTHER ORDERED that within 60
days of the date of this order, Naomi E.
Soldon shall pay to the Office of Lawyer
Regulation the costs of this proceeding.
¶20 IT IS FURTHER ORDERED that
compliance with all of the terms of this
order remains a condition of Naomi E.
Soldon's license to practice law in
Wisconsin.
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