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ATTORNEY reinstatement proceeding.
Petition for reinstatement from
disciplinary suspension granted.
¶1 PER CURIAM. We review the report
and recommendation of Referee Richard C.
Ninneman that Attorney Jevon Jones Jaconi's
petition for reinstatement of his license to
practice law in Wisconsin be granted. Upon
careful of review of the matter, we agree
that Attorney Jaconi's license should be
reinstated. We also agree with the referee
that Attorney Jaconi should be required to
pay the full costs of this reinstatement
proceeding, which are $2,830.82 as of August
29, 2016.
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¶2 Attorney Jaconi was admitted to
practice law in Wisconsin in 1998. His
license was administratively suspended in
2003 for failure to comply with mandatory
continuing legal education (CLE)
requirements. On November 7, 2003, this
court suspended Attorney Jaconi's license to
practice law for one year as discipline for
20 counts of misconduct involving seven
separate clients. The misconduct included
failing to provide competent representation;
failing to act with reasonable diligence and
promptness in representing a client; failing
to keep a client informed about the status
of a matter; failing to promptly refund an
unearned retainer; failing to explain a
matter to the extent reasonably necessary to
permit the client to make informed decisions
regarding the representation; and failing to
take steps to the extent reasonably
practicable to protect a client's interests.
In re Disciplinary Proceedings Against
Jaconi, 2003 WI 137, 267 Wis. 2d 1, 671
N.W.2d 1. Attorney Jaconi's license is also
suspended for failure to pay State Bar of
Wisconsin dues.
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¶3 In October 2005, Attorney Jaconi was
publicly reprimanded for misconduct
consisting of failing to explain the basis
or rate of his fee to a client in a
grievance matter pending at the time of his
suspension. The client involved in that
matter filed a claim with the Wisconsin
Lawyers' Fund for Client Protection (the
Fund) and was reimbursed $7,500. Public
Reprimand of Jevon Jones Jaconi, No. 2005-
8 (electronic copy available at
https://compendium.wicourts.gov/app/raw/0017
86.html).
¶4 Attorney Jaconi filed a petition for
reinstatement of his license to practice law
in August of 2013. This court denied the
petition for reinstatement, agreeing with
the referee that Attorney Jaconi failed to
satisfy the requirements for reinstatement.
In re Disciplinary Proceedings Against
Jaconi, 2014 WI 110, 358 Wis. 2d 335, 854
N.W.2d 355.
¶5 On December 22, 2015, Attorney
Jaconi filed a second reinstatement
petition. The petition alleged, among other
things, that Attorney Jaconi had complied
fully with the terms of this court's
suspension order, that he had maintained
competence and learning in the law, that his
conduct since the suspension had been
exemplary and above reproach, and that he
had fully complied with the requirements set
forth in SCR 22.26.
¶6 The Board of Bar Examiners filed a
memorandum on January 6, 2016, stating that
Attorney Jaconi was currently in compliance
with the court's CLE and ethics and
professional responsibility requirements.
The Office of Lawyer Regulation (OLR) filed
a response to the petition for reinstatement
on May 26, 2016. The OLR's response stated
that the OLR's director did not oppose
Attorney Jaconi's petition for
reinstatement.
¶7 The referee was appointed on January
14, 2016. A public hearing was held on July
13, 2016. Attorney Jaconi was the only
witness to testify. The referee issued his
report and recommendation on August 9, 2016,
and concluded that Attorney Jaconi has
demonstrated by clear, satisfactory, and
convincing evidence that he has met the
criteria set forth in SCR 22.31(1)(a)-(d).
Accordingly, the referee recommended that
the petition be granted and Attorney
Jaconi's license to practice law in
Wisconsin be reinstated. The referee noted
that Attorney Jaconi testified at the
hearing that he had met all of the
requirements for reinstatement. The referee
said the record established by clear,
satisfactory, and convincing evidence that
Attorney Jaconi has paid restitution in full
as directed by this court in its previous
orders. Attorney Jaconi testified at the
hearing that if his license to practice law
is reinstated, he intends to continue
working at his current job at ICS Cutting
Tools, Inc., and he also intends to work
part-time under the supervision of an
attorney in Green Bay representing, among
others, individuals in criminal and small
civil matters.
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¶8 The standards that apply to all
petitions seeking reinstatement after a
disciplinary suspension or revocation are
set forth in SCR 22.31(1). In particular,
the petitioning attorney must demonstrate by
clear, satisfactory, and convincing evidence
that he or she has the moral character
necessary to practice law in this state,
that his or her resumption of the practice
of law will not be detrimental to the
administration of justice or subversive of
the public interest, and that the attorney
has complied fully with the terms of the
suspension order and of SCR 22.26. In
addition, SCR 22.31(1)(c) incorporates the
statements that a petition for reinstatement
must contain pursuant to SCR 22.29(4)(a)-
(m). Thus, the petitioning attorney must
demonstrate that the required
representations in the reinstatement
petition are substantiated.
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¶9 As in disciplinary proceedings, this
court will affirm a referee's findings of
fact unless they are found to be clearly
erroneous. Conclusions of law are reviewed
de novo. See In re Disciplinary
Proceedings Against Banks, 2010 WI 105,
¶16, 329 Wis. 2d 39, 787 N.W.2d 809. Upon
review of the record, we agree with the
referee that Attorney Jaconi has established
by clear, satisfactory, and convincing
evidence that he has satisfied all the
criteria necessary for reinstatement.
Accordingly, we adopt the referee's findings
of fact and conclusions of law and we accept
the referee's recommendation to reinstate
Attorney Jaconi's license to practice law in
Wisconsin. We further determine, consistent
with our general practice, that Attorney
Jaconi should be required to pay the full
costs of this reinstatement proceeding.
¶10 Finally, we note that Attorney
Jaconi's license to practice law is also
administratively suspended for failure to
pay dues to the State Bar of Wisconsin.
Although we grant his petition for
reinstatement from the disciplinary
suspension and from the administrative
suspension for noncompliance with CLE
requirements, Attorney Jaconi's license to
practice law in Wisconsin remains
administratively suspended for failure to
pay bar dues. Attorney Jaconi must make
arrangements with the State Bar of Wisconsin
to pay all applicable dues, assessments, and
fees before he resumes the active practice
of law. He need not file a separate
reinstatement petition with the State Bar of
Wisconsin.
¶11 IT IS ORDERED that Jevon Jones
Jaconi's petition for reinstatement of his
license to practice law in Wisconsin from
the disciplinary suspension and from the
administrative suspension for noncompliance
with CLE requirements is granted, effective
the day of this order.
¶12 IT IS FURTHER ORDERED that Jevon
Jones Jaconi's license to practice law in
Wisconsin remains administratively suspended
for failure to pay State Bar dues.
¶13 IT IS FURTHER ORDERED that within 60
days of the date of this order that Jevon
Jones Jaconi shall pay to the Office of
Lawyer Regulation costs in the amount of
$2,830.82.
¶14 IT IS FURTHER ORDERED that
compliance with all of the terms of this
order remain a condition of Jevon Jones
Jaconi's license to practice law in
Wisconsin.
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