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ATTORNEY disciplinary proceeding.
Attorney's license suspended.
¶1 PER CURIAM. This is a reciprocal
discipline matter. On November 13, 2015, the
Office of Lawyer Regulation (OLR) filed a
complaint and motion pursuant to Supreme
Court Rule (SCR) 22.22, requesting this
court suspend Attorney Scott E. Selmer’s
license to practice law in Wisconsin for a
period of 12 months, as reciprocal
discipline identical to that imposed by the
Minnesota Supreme Court. Upon our review,
we agree that it is appropriate to impose
the same 12-month suspension imposed by the
Minnesota Supreme Court, as well as the
costs of this proceeding, and we reject
Attorney Selmer’s arguments to the contrary.
¶2 Attorney Selmer was admitted to
practice law in Wisconsin in 1978. Attorney
Selmer's Wisconsin law license is currently
suspended for failure to comply with CLE
reporting requirements, for failure to pay
annual bar dues, and for failure to provide
a required trust account certification.
Attorney Selmer was admitted to practice law
in Minnesota in 1984. He presently resides
in New York.
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¶3 The following facts are taken from
the OLR's complaint relating to the
Minnesota disciplinary proceedings and the
documents attached to that complaint.
Attorney Selmer's professional disciplinary
history in Wisconsin consists of:
• A 1990 private reprimand for
practicing law when his license was
suspended for failure to meet CLE
requirements, by filing documents with the
Pierce County Circuit Court and Wisconsin
Court of Appeals. Private Reprimand 1990-
23.
• A 1995 public reprimand for failure
to promptly provide his client in a personal
injury matter a full accounting of funds he
received on her behalf, charging and suing
that client to collect an unreasonable fee,
abusing the discovery process in that
action, and failing to maintain proper trust
account books and records, falsely
certifying that he had done so and
commingling personal and client funds in his
trust account. Disciplinary Proceedings
Against Selmer, 195 Wis. 2d 687, 538
N.W.2d 252 (1995).
• A 1999 one-year suspension for
engaging in a pattern of frivolous and
harassing conduct by filing counterclaims
alleging racial discrimination in actions
brought against him by his creditors and by
filing claims in state and federal courts
alleging racial discrimination, knowingly
offering false and misleading evidence in
response to discovery requests, failing to
supplement incomplete and misleading
responses to discovery requests, failing to
comply or make reasonably diligent efforts
to comply with legally proper discovery
requests, making false statements of fact in
attempts to advance his own interests, and
engaging in dishonest conduct in those
actions. Disciplinary Proceedings Against
Selmer, 227 Wis. 2d 85, 595 N.W.2d 373
(1999).
• A 2009 public reprimand for failure
to comply with the terms of probation,
failure to file timely individual income tax
returns, and a fifth-degree assault
conviction. Disciplinary Proceedings
Against Selmer, 2009 WI 15, 315 Wis. 2d
650, 761 N.W. 2d 6.
¶4 In the Minnesota proceeding giving
rise to this reciprocal discipline case, the
Minnesota Supreme Court noted that Attorney
Selmer had been disciplined in Minnesota on
four prior occasions. In 1995 Attorney
Selmer was publically reprimanded and placed
on probation for several violations,
including abusing the discovery process.
In re Selmer, 529 N.W.2d 684, 685 (Minn.
1995). In 1995, the Minnesota Supreme Court
affirmed an admonition issued to Attorney
Selmer for improperly charging a client. In
1997, the Minnesota Supreme Court suspended
Attorney Selmer for 12 months for engaging
in a pattern of harassing and frivolous
litigation and failing to comply with
discovery requests. In re Selmer, 568
N.W.2d 702, 704-05 (Minn. 1997). In 2008,
the Minnesota Supreme Court publicly
reprimanded Attorney Selmer and placed him
on probation in part for failing to pay a
judgment entered against him. In re
Selmer, 749 N.W.2d 30, 33 (Minn. 2008).
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¶5 On July 15, 2015, effective July 29,
2015, the Minnesota Supreme Court
indefinitely suspended Attorney Selmer's
Minnesota law license, with no right to
petition for reinstatement for a minimum of
12 months. The Minnesota Supreme Court
found that Attorney Selmer violated
Minnesota Rules of Professional Conduct
sections 1.1, 3.1, 3.4(c), 3.4(d), and
8.4(d) through a pattern of frivolous and
harassing litigation, a failure to obey
court orders, and a failure to comply with
legally proper discovery requests. The
Minnesota court found that Attorney Selmer
filed ten separate lawsuits in two different
counties, the court of appeals, and a
Minnesota federal district court, and then
repeatedly failed to obey court orders,
appear for hearings, or otherwise respond to
pleadings and discovery requests. All ten
lawsuits were dismissed based either on the
frivolity of Attorney Selmer's arguments or
because he failed to comply with court
rules. The court noted that two of Attorney
Selmer's four prior Minnesota disciplinary
proceedings were for similar conduct,
engaging in a pattern of harassing and
frivolous litigation.
¶6 In its complaint, the OLR alleged
that Attorney Selmer is subject to
reciprocal discipline and that, by failing
to notify OLR of his suspension in Minnesota
for professional misconduct within 20 days
of the effective date of its imposition,
Selmer violated SCR 22.22(1).
¶7 The OLR asked this court to issue an
order, pursuant to SCR 22.22(2)(b),
directing Attorney Selmer to inform the
court in writing of any claim by him,
predicated upon the grounds set forth in SCR
22.22(3), that the imposition of discipline
reciprocal to that imposed in Minnesota
would be unwarranted, and of the factual
basis for any such claim. Delay ensued
because of difficulty completing proof of
service. This court issued the requested
order on February 9, 2016.
¶8 On March 1, 2016, Attorney Selmer
responded to this court’s order. He filed
an answer to the order to show cause, an
answer to the complaint, and a motion to
dismiss or for an extension of time.
¶9 Attorney Selmer’s cursory answer
merely denies "each and every material
allegation of the complaint" and seeks
dismissal of the complaint.
¶10 Attorney Selmer contends the
"Minnesota court that held him in violation
of the Minnesota Rules of Professional
Responsibility were specious due to the fact
that the original trial court of Minnesota
lacked subject matter jurisdiction in the
original action which culminated in
respondent's suspension." He asks this court
to dismiss the order to show cause, enter
judgment in his favor, and, in the
alternative, he seeks a trial on the merits.
¶11 On March 16, 2016, the court ordered
the OLR to respond to Attorney Selmer’s
filings. OLR did so, maintaining that
imposition of reciprocal discipline is
appropriate based on the record presented to
this court. We agree.
¶12 We decline the OLR’s invitation to
strike Attorney Selmer's cursory answer, but
agree that it is wholly insufficient to
warrant dismissal of the OLR complaint.
¶13 Next we consider Attorney Selmer’s
challenge to the order to show cause.
Attached to the OLR disciplinary complaint
are a number of documents from the Minnesota
disciplinary proceeding including the 18-
page petition for disciplinary action filed
in December 2013, an affidavit of service,
the referee’s detailed and thoughtful 26-
page findings of fact, conclusions of law
and recommendation for discipline, and the
17-page per curiam decision rendered by the
Minnesota Supreme Court on July 15, 2015.
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¶14 SCR 22.22(4) provides: "Except as
provided in sub. (3), a final adjudication in
another jurisdiction that an attorney has
engaged in misconduct or has a medical
incapacity shall be conclusive evidence of the
attorney's misconduct or medical incapacity
for purposes of a proceeding under this rule."
¶15 A copy of the Minnesota Supreme
Court’s final adjudication of Attorney
Selmer's misconduct accompanies the OLR
complaint and is conclusive evidence of
Attorney's Selmer’s misconduct for purposes of
this proceeding.
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¶16 SCR 22.22(3) provides that this
court shall impose the identical discipline
or license suspension unless one or more of
the following is present:
(a) The procedure in the other
jurisdiction was so lacking in notice or
opportunity to be heard as to constitute a
deprivation of due process.
(b) There was such an infirmity of
proof establishing the misconduct or medical
incapacity that the supreme court could not
accept as final the conclusion in respect to
the misconduct or medical incapacity.
(c) The misconduct justifies
substantially different discipline in this
state.
Attorney Selmer claims that the Minnesota
trial court lacked subject matter
jurisdiction in the underlying action giving
rise to his suspension, and as a basis for
his motion to dismiss this action, relies
upon all the files and records he filed in
defense of the misconduct charges brought by
the Minnesota Office of Lawyers Professional
Responsibility. Neither claim falls within
the purview of SCR 22.22(a) through (c).
¶17 SCR 22.22(3)(a) ensures that a
disciplinary respondent is afforded "notice
and opportunity to be heard." The record
before this court demonstrates that Attorney
Selmer was personally served with the
Minnesota disciplinary complaint and that a
full, two-day evidentiary hearing on the
merits was conducted. Attorney Selmer
participated in that hearing. Attorney
Selmer has failed to demonstrate a lack of
due process as to notice or opportunity to
be heard in the Minnesota proceeding.
¶18 SCR 22.22(3)(b) provides that this
court shall impose the identical discipline
or license suspension unless there "was such
an infirmity of proof establishing the
misconduct or medical incapacity that the
supreme court could not accept as final the
conclusion in respect to the misconduct or
medical incapacity." Attorney Selmer fails
to satisfy this criterion as well. Again,
the Minnesota court conducted a full hearing
on the merits. The referee's findings of
fact, conclusions of law, and the certified
copy of the Minnesota Supreme Court's
opinion issued July 15, 2015 reflect the
extensive procedural and substantive history
of the Minnesota disciplinary process.
¶19 SCR 22.22(3)(c) pertains if the
misconduct justifies substantially different
discipline in this state. The sanction
imposed for Attorney Selmer’s misconduct in
Minnesota is not substantially different
from the typical sanction for comparable
misconduct in Wisconsin. As the Minnesota
Supreme Court noted, Attorney Selmer’s
misconduct was serious, and spanned a
significant number of court files at the
state district, federal district, and state
appellate levels, all of which were
dismissed based either on the frivolity of
Attorney Selmer’s arguments or because
Attorney Selmer failed to comply with court
rules.
¶20 Attorney Selmer has wholly failed to
provide any claim predicated upon the
grounds set forth in SCR 22.22(3) indicating
that imposition of the identical discipline
or license suspension by this court would be
unwarranted.
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¶21 Finally, notwithstanding Attorney
Selmer’s unsupported and conclusory denials,
the record supports the OLR’s assertion that
Attorney Selmer failed to timely notify OLR
of his suspension in Minnesota, which
constitutes misconduct pursuant to SCR
22.22(1).
¶22 Accordingly, we deny Attorney
Selmer’s Motion to Dismiss or [for]
Extension of Time and his request for a
trial. We grant the OLR’s request and
suspend Attorney Scott E. Selmer's license
to practice law in Wisconsin for 12 months
as discipline reciprocal to that imposed
upon him in Minnesota.
¶23 Attorney Selmer shall pay the full
costs of this proceeding which total $842.50
as of May 19, 2016. He has identified no
factors that would justify a reduction in
costs. See SCR 22.24(1m).
¶24 IT IS ORDERED that the license of
Scott E. Selmer to practice law in Wisconsin
is suspended for a period of 12 months,
effective the date of this order.
¶25 IT IS FURTHER ORDERED that within 60
days of the date of this order, Scott E.
Selmer shall pay to the Office of Lawyer
Regulation the costs of this proceeding
which total $842.50 as of May 19, 2016.
¶26 IT IS FURTHER ORDERED that the
administrative suspension of Scott E.
Selmer's license to practice law in
Wisconsin, due to his failure to pay
mandatory bar dues and failure to comply
with continuing legal education
requirements, and failure to complete trust
account certification, will remain in effect
until each reason for the administrative
suspension has been rectified, pursuant to
SCR 22.28(1).
¶27 IT IS FURTHER ORDERED that, to the
extent he has not already done so, Scott E.
Selmer 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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