|
ATTORNEY disciplinary proceeding.
Attorney's license suspended.
¶1 PER CURIAM. This is a reciprocal
discipline matter. On May 31, 2016, the
Office of Lawyer Regulation (OLR) filed a
complaint and motion pursuant to Supreme
Court Rule (SCR) 22.22, requesting this
court suspend Attorney Stephen B. Manion's
license to practice law in Wisconsin for a
period of six months, as reciprocal
discipline identical to that imposed by the
Arizona Supreme Court, and impose costs.
Upon review, we agree that it is appropriate
to impose a six-month suspension,
substantially identical to that imposed by
the Arizona Supreme Court. We decline to
award costs.
¶2 Attorney Manion was admitted to
practice law in Wisconsin in 1998. He was
admitted to practice law in Arizona in 2009.
He resides in Arizona.
¶3 On March 14, 2016, the Supreme Court
of Arizona accepted an agreement for
discipline by consent by which Attorney
Manion was suspended for six months and one
day, effective April 15, 2016, for two
counts of professional misconduct. The
following facts are taken from the documents
attached to the OLR's complaint relating to
the Arizona disciplinary proceedings.
|
|
¶4 Attorney Manion communicated with an
inmate client in a criminal matter almost
exclusively through another inmate who was
serving a sentence for criminal fraud.
Attorney Manion's client suffered financial
harm at the hands of the inmate who Attorney
Manion used as the intermediary. Attorney
Manion also transferred funds, at the
direction of multiple inmates, in a manner
that allowed the inmates to circumvent
prison policy thereby violating multiple
Arizona trust account rules including ER
1.4, ER 1.15(a), ER 8.4(d), Rule 43(b)(1)
(A), Rule 43(b)(a)(C) and Rule 43(b)(5).
¶5 In addition, Attorney Manion
assisted an inmate client in collecting a
share of an inheritance. Attorney Manion
distributed the money at the client's
direction in a manner that allowed the
client to circumvent prison policy. The
client also suffered financial harm due to
the fraudulent actions of the same inmate
Attorney Manion used as the intermediary in
Count One. By these actions Attorney Manion
violated ER 1.4, ER 1.6, ER 1.7, and ER
8.4(d). See Manion, Stephen Brian
#026912; PDJ-2015-9109
(http://www.azcourts.gov/Portals/101/March%2
02016/Manion,%20Stephen%20Brian%20026912%20P
DJ-2015-9109.pdf).
¶6 Attorney Manion did not notify the
OLR of the Arizona suspension within 20 days
of its effective date.
|
|
¶7 The OLR complaint alleges that by
virtue of the Arizona suspension, Attorney
Manion is subject to reciprocal discipline
in Wisconsin pursuant to SCR 22.22, and, by
failing to notify the OLR of his suspension
in Arizona for professional misconduct
within 20 days of the effective date of its
imposition, Attorney Manion violated SCR
22.22(1). The OLR asks this court to
suspend Attorney Manion's Wisconsin law
license for six months as discipline
reciprocal to that imposed in Arizona, and
to impose costs.
¶8 On August 10, 2016, this court
directed Attorney Manion to inform the court
in writing within 20 days 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
Arizona would be unwarranted, and of the
factual basis for any such claim. No
response was received.
¶9 Under SCR 22.22(3), in reciprocal
discipline matters, this court shall impose
the identical discipline unless one of the
exceptions enumerated in the rule is shown.
There is no indication that any of those
exceptions apply in this case. Therefore, we
impose discipline substantially identical to
that imposed by the Supreme Court of
Arizona.
¶10 We decline to impose the costs of
this proceeding on Attorney Manion. See
In re Disciplinary Proceedings Against
Hooker, 2012 WI 100, ¶26, 343 Wis. 2d 397,
816 N.W.2d 310 (noting that in reciprocal
discipline cases where a referee is not
appointed, costs are generally not imposed
as there are no referee expenses and the
proceedings are less involved).
¶11 IT IS ORDERED that the license of
Stephen B. Manion to practice law in
Wisconsin is suspended for a period of six
months, effective the date of this order.
¶12 IT IS FURTHER ORDERED that, to the
extent he has not already done so, Stephen
B. Manion 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.
¶13 IT IS FURTHER ORDERED that
compliance with all conditions of this
order, as well as compliance with all
conditions of the disciplinary orders
imposed on him by the Arizona Supreme Court
required for reinstatement. See SCR
22.29(4)(c).
|