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ATTORNEY disciplinary proceeding.
Attorney's license suspended.
¶1 PER CURIAM. This is a reciprocal
discipline matter. On August 7, 2019, the
Office of Lawyer Regulation (OLR) filed a
two-count complaint against Attorney Jeffrey
P. White. Count one alleged that by virtue
of Attorney White's recent nine-month
license suspension and public reprimand by
the Maine Supreme Judicial Court, Attorney
White should be subject to reciprocal
discipline in Wisconsin pursuant to Supreme
Court Rule (SCR) 22.22. Count two alleged
that by failing to notify the OLR of his
discipline in Maine within 20 days of its
effective date, Attorney White violated SCR
22.22(1). After service of the complaint,
the parties stipulated to the imposition of
a reciprocal nine-month suspension. We
approve the stipulation, and we therefore
order a nine-month suspension of Attorney
White's Wisconsin law license.
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¶2 Attorney White's law license history
is as follows. He was admitted to practice
law in Wisconsin in 1986 and in Maine in
1988. He has no prior Wisconsin
disciplinary history. His Wisconsin law
license was administratively suspended in
October 2010 for failure to pay State Bar
dues and failure to submit the required
trust account certification to the State
Bar. His license remains administratively
suspended.
¶3 In October 2018, a single justice of
the Maine Supreme Judicial Court entered an
order publicly reprimanding Attorney White
and imposing a nine-month suspension of his
Maine law license for four counts of
misconduct arising out of four client
matters. Attorney White appealed, and the
Maine Supreme Judicial Court affirmed in a
June 11, 2019 decision.
¶4 According to the allegations in the
OLR's complaint and the Maine disciplinary
records attached to the complaint, Attorney
White's misconduct in Maine included two
client matters in which, among other things,
Attorney White failed to provide legal
services; failed to properly communicate
with his clients; and returned unearned
client funds only after the clients had
filed grievance complaints. In a third
matter, Attorney White presented to the
bankruptcy court a purported conformed copy
of his client's affidavit. The client then
testified at a hearing that although she had
agreed to the content of the affidavit in a
telephone conversation with Attorney White,
she had never received, reviewed, or signed
a physical copy of the affidavit. In a
fourth matter, Attorney White misrepresented
to the bankruptcy court the amount of his
agreed retainer and anticipated fee, and
transferred retainer funds into his
operating account instead of his trust
account, without obtaining bankruptcy court
approval or notifying the United States
Bankruptcy Trustee. The Maine Supreme
Judicial Court stated that, by his conduct,
Attorney White violated Rules 1.3; 1.4(a)
(2), (3), and (4); 1.5(i); 1.15(b); 1.16(d);
3.3(a); 3.4(b); 4.1(a); 5.3; and 8.4(c) of
the Maine Rules of Professional Conduct.
¶5 Attorney White did not notify the
OLR of his discipline in Maine within 20
days of its effective date.
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¶6 On September 9, 2019, after the OLR's
complaint had been served on Attorney White
but before a referee had been appointed,
Attorney White entered into a stipulation with
the OLR whereby he agreed that the facts
alleged in the OLR's complaint supported a
nine-month suspension of his Wisconsin law
license as reciprocal discipline to that
imposed by the Maine Supreme Judicial Court.
The parties jointly maintained that it was
unnecessary for this court to impose a public
reprimand in addition to a nine-month
suspension, as the Maine Supreme Judicial
Court did, given that the suspension will be a
matter of public record.
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¶7 Supreme Court Rule 22.22(3) states
as follows:
(3) The supreme 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.
¶8 Attorney White does not claim that
any of the defenses found in SCR 22.22(3)
apply. Attorney White further states that
the stipulation did not result from plea
bargaining; that he understands the
allegations against him; that he understands
the ramifications should the court impose
the stipulated level of discipline; that he
understands his right to contest this
matter; that he understands his right to
consult with counsel; that his entry into
the stipulation is made knowingly and
voluntarily; and that his entry into the
stipulation represents his decision not to
contest the misconduct alleged in the
complaint or the level and type of
discipline sought by the OLR's director.
¶9 Upon our review of the matter, we
accept the stipulation. We agree with the
parties that, by imposing a nine-month
suspension in this published decision, we
are imposing discipline effectively
identical to that imposed by the Maine
Supreme Judicial Court; i.e., a nine-month
suspension and a public reprimand. Although
in a previous case we imposed both a license
suspension and a public reprimand as
reciprocal discipline, see In re
Disciplinary Proceedings Against Eichhorn-
Hicks, 2012 WI 18, 338 Wis. 2d 753, 809
N.W.2d 379, that case concerned two out-of-
state disciplinary decisions that were
issued some nine years apart. See
id., ¶¶1-2, 14-15 (imposing discipline
reciprocal to that imposed in Minnesota
disciplinary cases from 2000 and 2009).
While it was important in that matter to
make clear that the respondent-lawyer had
been disciplined twice by another
jurisdiction, this case involves a single
out-of-state disciplinary matter. There is
no need, then, to both publicly reprimand
and suspend Attorney White via this
published decision. We are satisfied that
the nine-month suspension we impose here is
identical in effect to the discipline
imposed by the Maine Supreme Judicial Court.
See SCR 22.22(3).
¶10 Finally, because this matter was
resolved by means of a stipulation, the OLR
has not sought the imposition of costs, and
we impose none.
¶11 IT IS ORDERED that the license of
Jeffrey P. White to practice law in
Wisconsin is suspended for nine months,
effective the date of this order, as
discipline reciprocal to that imposed by the
Maine Supreme Judicial Court.
¶12 IT IS FURTHER ORDERED that, to the
extent he has not already done so, Jeffrey
P. White 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
is required for reinstatement. See SCR
22.29(4)(c).
¶14 IT IS FURTHER ORDERED that the
administrative suspension of Jeffrey P.
White, due to his failure to pay State Bar
dues and failure to submit the required
trust account certification to the State
Bar, will remain in effect until each reason
for the administrative suspension has been
rectified, pursuant to SCR 22.28(1).
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