¶3 Attorney Runyon was admitted to the practice of law in Wisconsin in 1978. He practices law in the Tomahawk area. In 1984, Attorney Runyon's law license was suspended for one year for conduct involving moral turpitude, dishonesty, fraud, or deceit and for providing false testimony, violations of former SCRs 11.01, 20.04(3) and (4), 22.28(4)(b), and 40.13. In re Disciplinary Proceedings Against Runyon, 121 Wis. 2d 37, 357 N.W.2d 545 (1984). In 2006, Attorney Runyon received a private reprimand for misconduct involving dishonesty, fraud, deceit, or misrepresentation, in violation of SCR 20:8.4 (c). Private Reprimand No. 2006-11.

¶4 On March 23, 2015, the OLR filed a complaint alleging six counts of misconduct relating to trust account violations that occurred over a period of several months in 2013 and early 2014. On May 12, 2015, the parties executed a stipulation pursuant to SCR 22.12.

¶5 Attorney Runyon maintained an IOLTA trust account at First Merit Bank in Kaukauna, Wisconsin. Between September and October 2013, a series of overdrafts occurred. At the OLR's request, Attorney Runyon provided the OLR with his transaction register, client ledger, and bank statements. Attorney Runyon's transaction register consisted of handwritten check stubs, which did not show a consistent, accurate running balance, did not include the source and client matter for all deposits, and did not include the purpose for all disbursements. Attorney Runyon did not perform complete and accurate monthly account reconciliations. For example, Attorney Runyon's handwritten check stubs indicate that the balance in his trust account as of June 27, 2013, should have been $134,924.09. However, bank records show that Attorney Runyon's actual trust account balance on June 27, 2013, was only $5,944.86.

¶6 Because the OLR was unable to determine the cause of the overdrafts based solely upon records provided by Attorney Runyon, the OLR obtained Attorney Runyon's bank statements, checks, and deposit records for 2013 directly from the bank and conducted an audit.

¶7 The OLR's reconstructed records indicate that Attorney Runyon's trust account first became overdrawn (on the books, as opposed to the bank balance) by a total of $16,651.33 at the end of the day on September 16, 2013. On September 19, 2013, the largest overdraft occurred, in the amount of $24,151.33.

¶8 On November 4, 2013, in the wake of these overdrafts, Attorney Runyon opened a new trust account at River Valley Bank and made an initial deposit of $20,000.

¶9 On November 12 and 14, 2013, River Valley Bank charged Attorney Runyon miscellaneous fees associated with opening the new account. Attorney Runyon did not account for such fees and did not keep any firm funds designated to cover account fees and charges in the trust account.

¶10 On December 2, 2013, Attorney Runyon closed the First Merit Bank trust account, withdrew its remaining balance of $8,072.60, and deposited it into his River Valley Bank trust account. The $8,072.62 belonged to Attorney Runyon either as earned fees or as personal funds.

¶11 On December 31, 2013, there was an overdraft in the amount of $1,518.75 on Attorney Runyon's River Valley Bank trust account. A trust account check in the amount of $2,500 was presented and returned unpaid.

¶19 The stipulation clearly states that it was not the result of plea bargaining. Attorney Runyon states that he fully understands the allegations of misconduct against him and his right to contest those allegations. He nonetheless admits his misconduct and assents to the discipline sought by the OLR. He further states that he fully understands the ramifications that will follow if this court accepts the stipulation and imposes the requested level of discipline. Attorney Runyon also represents that he understands his right to consult with counsel in this matter. Finally, he asserts that his entry into the stipulation is made knowingly and voluntarily.

¶20 The only real issue here is whether the stipulated level of discipline (a 60-day suspension) is an appropriate level of discipline. Precedent in the area of failing to hold funds in trust is clustered on two extremes. The most egregious trust account misconduct, misappropriation, can merit revocation or a lengthy suspension. Other cases, however, warrant a much less severe level of discipline, such as a reprimand or short suspension. Attorney Runyon's conduct lies closer to the lower end of the two extremes.

¶21 Although it was improper for Attorney Runyon to deposit personal funds into his trust account, his motive was to make the trust account whole.

¶22 The OLR states that it considered several cases, as well as aggravating factors—including Attorney Runyon's disciplinary history—and mitigating factors, when analyzing what level of discipline it would seek in this matter. See, e.g., In re Disciplinary Proceeding Against Grogan, 2011 WI 7, 331 Wis. 2d 341, 795 N.W.2d 745 (imposing 60-day suspension on attorney with previous reprimand who engaged in various trust account violations, including commingling funds in the trust account and paying for office rent, groceries, and prepaid cash cards from the trust account); In re Disciplinary Proceedings Against Molinaro, 2009 WI 61, 318 Wis. 2d 375, 769 N.W.2d 458 (imposing 60-day suspension for trust account anomalies, including inappropriate transfers of funds between personal, trust, and business accounts).

¶23 The OLR deems suspension warranted in this case because Attorney Runyon was, at the least, extremely reckless with managing his trust account. In a four-month period, Attorney Runyon's trust account was repeatedly out of balance. Attorney Runyon knew or should have known that he did not have sufficient funds in his trust account to cover many of the disbursements he made to clients. Indeed, Attorney Runyon made $18,550 in deposits of personal funds to the account between June 29 and September 19, 2013, prior to the bank issuing its first overdraft notice on September 20, 2013. After the overdrafts occurred, Attorney Runyon then deposited additional personal funds to make the account whole. So, while no clients were ultimately harmed, that is due only to the fact that Attorney Runyon had sufficient personal funds available to make up for his overextension.

¶24 On review of the entire record, we accept the stipulation and impose the jointly requested sanction of a 60-day suspension of Attorney Runyon's license to practice law in this state. No restitution was sought so we do not impose restitution. Because this matter was resolved with the filing of a stipulation under SCR 22.12 and without the appointment of a referee, the OLR does not seek costs and we will not require Attorney Runyon to pay any costs.

¶25 IT IS ORDERED that the license of James T. Runyon to practice law in Wisconsin is suspended for a period of 60 days, effective November 7, 2015.

¶26 IT IS FURTHER ORDERED that James T. Runyon 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.

¶28 SHIRLEY S. ABRAHAMSON, J. (concurring). I write to express concern that the per curiam does not sufficiently justify the 60-day suspension the court approves in this stipulated matter. Attorney Runyon and the OLR stipulated to the violation of the trust accounting rules and to a 60-day suspension.- - ¶29 Attorney Runyon has had two prior brushes with OLR. In 1988, his license was suspended for one year. In 2006, he received a private reprimand.

¶30 In contrast, Attorney Thomas Mulligan receives a 9 month suspension for violating trust accounting rules. OLR v. Mulligan, 2015 WI 96, _ Wis. 2d _, _ N.W.2d _. Attorney Mulligan contested the OLR complaint and proposed discipline. Attorney Mulligan has had three prior brushes with OLR. In 1997, Attorney Mulligan received a private reprimand. In 2005, Mulligan received a private reprimand. In 2009, he received a public reprimand.