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ATTORNEY disciplinary
proceeding. Attorney's license
suspended.
¶1 PER CURIAM. We review a
stipulation filed pursuant to Supreme Court
Rule (SCR) 22.12 by the Office of Lawyer
Regulation (OLR) and Attorney Jon Evenson.
In the stipulation, Attorney Evenson agrees
that, by engaging in conduct leading to a
criminal conviction for one felony count of
delivery of a controlled substance and two
misdemeanor counts of fourth degree sexual
assault, Attorney Evenson violated SCR 20:8.4
(b), and that he engaged in offensive
personality in violation of SCR 40.15,
enforceable via SCR 20:8.4(g). He also
agrees that a 30-month suspension of his
license to practice law in Wisconsin is
appropriate discipline for his misconduct.
There is no request in this matter for a
restitution award, nor is there a request
for the imposition of costs against Attorney
Evenson.
¶2 After careful review, we approve the
stipulation and adopt the stipulated facts
and conclusions regarding Attorney Evenson's
two counts of misconduct as alleged in the
OLR's complaint. We agree that a 30-month
suspension of Attorney Evenson's license to
practice law is a proper sanction. The OLR
did not request and we do not impose
restitution. Finally, because Attorney
Evenson entered into a comprehensive
stipulation under SCR 22.12, thereby
obviating the need for the appointment of a
referee and a full disciplinary proceeding,
we do not impose costs in this matter.
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¶3 Attorney Evenson was admitted to the
practice of law in Wisconsin in 2001. In
2011, he received a consensual public
reprimand for violating SCR 20:8.4(b) and
SCR 21.15(5), based on his conviction for
two misdemeanor counts of battery and one
felony count of substantial battery with
intent to cause bodily harm and for his
subsequent failure to provide timely written
notice of the convictions to the clerk of
this court and to the OLR. Public
Reprimand of Jon Evenson, 2011-8. On June
3, 2014, his license to practice law was
suspended for failure to comply with
mandatory continuing education
requirements. On October 31, 2014, he was
suspended for nonpayment of State Bar dues
and failure to file a trust account
certification. His license remains
suspended.
¶4 In the early morning hours of
September 5, 2013, Attorney Evenson
approached an obviously intoxicated 22-year-
old woman, E.V., and her friend as they were
getting into a cab outside a bar on State
Street in Madison, Wisconsin. E.V. agreed
to leave with Attorney Evenson despite the
cab driver's effort to dissuade her.
Attorney Evenson took E.V. to his downtown
Madison law firm, where he provided
her "Molly" (commonly known as "ecstasy")
and alcohol. They had sexual intercourse at
the law office. Attorney Evenson then drove
the woman to his home where they had more
alcohol and again engaged in sexual
intercourse. The next day, E.V. awoke
bruised, unsure where she was, and had
difficulty recalling what had happened. She
notified the police.
¶5 Attorney Evenson was criminally
charged and, pursuant to a plea arrangement,
pled guilty to one count of delivery of a
schedule I drug, contrary to Wis. Stat. §§
961.41(1)(b) and 939.50(3)(h) (Class H
Felony), and two counts of fourth degree
sexual assault, contrary to Wis. Stat. §§
940.225(3m) and 939.51(3)(a) (Class A
Misdemeanors). He was sentenced to six
years on count one (three-year prison term,
with three years of extended supervision),
and two consecutive nine-month jail terms on
counts two and three. His sentence was
stayed and the court imposed a three-year
term of probation with conditions, including
nine months in jail with Huber privileges.
¶6 The OLR filed a disciplinary
complaint against Attorney Evenson on
December 17, 2014, alleging that:
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[Count One] By engaging in acts
leading to his convictions of one felony
count of delivery of a controlled substance
and two misdemeanor counts of fourth degree
sexual assault, [Attorney] Evenson violated
SCR 20:8.4(b).
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[Count Two] By urging an obviously
intoxicated woman to accompany him, by
providing her with "Ecstasy" and additional
alcohol, and sexually assaulting her,
[Attorney] Evenson engaged in offensive
personality in violation of SCR 40.15, the
Attorney's Oath, enforceable via SCR 20:8.4
(g).
As noted above, Attorney Evenson has
stipulated to the facts and misconduct as
alleged in the OLR's complaint. Attorney
Evenson further stipulates that a 30-month
suspension of his license to practice law in
this state is an appropriate sanction for
his misconduct.
¶7 The stipulation states that Attorney
Evenson fully understands the misconduct
allegations, his right to contest this
matter, the ramifications of his entry into
this stipulation, and his right to consult
with counsel. The stipulation further
provides that Attorney Evenson entered into
the stipulation knowingly and voluntarily.
¶8 The OLR filed a memorandum in
support of the stipulation citing several
cases in support of its request for a 30-
month suspension. The OLR noted in its
memorandum that several aggravating factors
were present in this case, including that
Attorney Evenson's conduct involved the
illicit use and delivery of a controlled
substance; that he has been previously
disciplined for assaultive conduct; and that
his victim was much younger and intoxicated,
rendering her vulnerable to his predatory
advances. In mitigation of his misconduct,
the OLR noted that Attorney Evenson
cooperated in the disciplinary matter and
admits that he has a substance abuse issue.
¶9 After our independent review of the
matter, we accept the stipulation and
determine that the seriousness of Attorney
Evenson's misconduct warrants a 30-month
suspension of his license to practice law.
We note that we have previously imposed
license suspensions of comparable length in
cases where attorneys have been convicted of
criminal offenses. See In re
Disciplinary Proceedings Against Calhoun,
196 Wis. 2d 665, 538 N.W.2d 797 (1995)
(three-year suspension for conduct that
resulted in two convictions for possession
and delivery of cocaine and for
misrepresentations to the court). We
determine that a 30-month suspension of
Attorney Evenson's license to practice law
should suffice to protect the public, the
courts, and the legal system from repetition
of the misconduct, will impress upon
Attorney Evenson the seriousness of his
misconduct, and will deter other attorneys
from committing similar misconduct.
¶10 In light of the fact that Attorney
Evenson entered into a comprehensive
stipulation, thereby obviating the need for
the appointment of a referee and for
additional litigation costs, we agree with
the OLR's request that the costs of this
disciplinary proceeding not be assessed
against Attorney Evenson. The OLR did not
request and we do not impose restitution.
¶11 IT IS ORDERED that the license of
Jon Evenson to practice law in Wisconsin is
suspended for a period of 30 months,
effective the date of this order.
¶12 IT IS FURTHER ORDERED that, to the
extent he has not already done so, Jon
Evenson 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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