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ATTORNEY reinstatement
proceeding. Reinstatement granted.
¶1 PER CURIAM. We review a report
filed by Referee Michael F. Dubis,
recommending that the court reinstate the
license of Matthew C. Siderits to practice
law in Wisconsin. Upon careful review of
the matter, we agree that Attorney
Siderits's license should be reinstated. We
further agree with the referee that Attorney
Siderits should be required to pay the full
costs of this proceeding, which are
$2,585.56 as of March 30, 2015.
¶2 Attorney Siderits was licensed to
practice law in Wisconsin in 1996. In
January of 2013, this court suspended his
license to practice law for a period of one
year, effective February 4, 2013. In re
Disciplinary Proceedings Against Siderits,
2013 WI 2, 345 Wis. 2d 89, 824 N.W.2d 812.
The suspension arose out of five counts of
misconduct that involved Attorney Siderits
manipulating his billing records for the
sole purpose of achieving bonuses for two
consecutive years.
¶3 On October 15, 2014, Attorney
Siderits filed a petition seeking the
reinstatement of his law license. On
January 22, 2015, the Office of Lawyer
Regulation (OLR) filed a response not
opposing the reinstatement petition. A
public hearing was held before the referee
on February 10, 2015. The referee filed his
report and recommendation on March 10, 2015.
¶4 Supreme Court Rule (SCR) 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 to 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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¶5 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.
¶6 We conclude that the referee's
findings support a determination that
Attorney Siderits has met his burden to
establish by clear, satisfactory, and
convincing evidence that he has met all of
the standards required for reinstatement of
his license to practice law in Wisconsin.
The referee found that Attorney Siderits has
not practiced law during the period of his
suspension; that he has complied fully with
the terms of the order of suspension and
will continue to do so until his license is
reinstated; that he has maintained
competence and learning in the law; that his
conduct since the suspension has been
exemplary and above reproach; that he 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; that he can be safely
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 the officer of the courts; and that
he has fully complied with the requirements
set forth in SCR 22.26. The referee noted
that if his license is reinstated, Attorney
Siderits intends to resume practice in the
area of worker's compensation.
¶7 In assessing Attorney Siderits's
moral character and whether his resumption
of the practice of law would be detrimental
to the administration of justice or
subversive of the public interest, the
referee pointed to statements in character
reference letters submitted by Attorney
Siderits at the public hearing. The referee
also noted Attorney Siderits's testimony at
the public hearing wherein he acknowledged
his past professional misconduct and made a
commitment not to engage in unethical
practices or professional misconduct in the
future should his license to practice law be
reinstated. The referee concluded by saying:
Mr. Siderits has paid a very
significant price for his professional
misconduct, has shown that he understands
his ethical duties and can be readmitted to
practice, being mindful of those duties and
the need for compliance. His suspension has
resulted in significant economic hardship to
him and his family, and reinstatement of his
law license will allow him not only to
resume his career as an attorney, but to be
better able to adequately support his wife
and children and assist his children to
attend college. Accordingly, I recommend
that Matthew Siderits' petition for
reinstatement be granted.
¶8 It is this court's general practice
to assess the full costs of a proceeding
against a respondent. See SCR 22.24(1m).
We find it appropriate to follow that
general practice here.
¶9 IT IS ORDERED that the license of
Matthew C. Siderits to practice law in
Wisconsin is reinstated, effective the date
of this order.
¶10 IT IS FURTHER ORDERED that within 60
days of the date of this order, Matthew C.
Siderits shall pay to the Office of Lawyer
Regulation the costs of this proceeding,
which are $2,585.56.
¶11 IT IS FURTHER ORDERED that
compliance with all of the terms of this
order remain a condition of Matthew C.
Siderits's license to practice law in
Wisconsin.
¶12 DAVID T. PROSSER, J., did
not participate.
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