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ATTORNEY disciplinary proceeding.
Attorney's license suspended.
¶1 PER CURIAM. The Office of Lawyer
Regulation (OLR) and Attorney Guy Norman
Maras have filed a stipulation pursuant to
Supreme Court Rule (SCR) 22.12 that Attorney
Maras' license to practice law in Wisconsin
should be suspended for a period of six
months, as discipline reciprocal to that
imposed by the Supreme Court of Illinois.
After reviewing the matter, we approve the
stipulation and impose the stipulated
reciprocal discipline. In addition, as the
parties also stipulated, we find it
appropriate to order Attorney Maras to
comply with the terms and conditions of the
Illinois disciplinary order. Since this
matter was resolved by means of a
stipulation, without the need for the
appointment of a referee, we impose no
costs.
¶2 Attorney Maras was admitted to the
practice of law in Wisconsin in 2009. He
was admitted to practice law in Illinois in
1995 and practiced in Chicago. Attorney
Maras has not been the subject of previous
professional discipline in this state.
¶3 On April 8, 2020, the OLR filed a
disciplinary complaint alleging that
Attorney Maras should be subject to
reciprocal discipline due to a suspension
imposed by the Supreme Court of Illinois.
On June 23, 2020, after the OLR's complaint
had been served on Attorney Maras, the OLR
and Attorney Maras entered into a
stipulation whereby Attorney Maras agreed
that the facts alleged in the OLR's
complaint supported the imposition of
reciprocal discipline.
¶4 According to the stipulation and the
Illinois disciplinary records attached to
the OLR's complaint, on July 28, 2018,
Attorney Maras consumed at least five drinks
containing Scotch whisky while socializing
with friends in Oconto County, Wisconsin.
At approximately 12:00 a.m. on July 29,
2018, Attorney Maras and his friend, J.G.,
left the cabin where they were staying to
purchase cigars at a gas station located
approximately seven miles away. Attorney
Maras drove to the gas station, and J.G. was
his passenger. On the way back to the
cabin, at approximately 1:30 a.m., Attorney
Maras drove his vehicle at approximately 100
miles per hour. He lost control of the
vehicle, drove off the roadway, hit a tree
stump, and caused J.G.'s ejection from the
vehicle. J.G. died from blunt force trauma.
¶5 When Oconto County Sheriff's
Department deputies arrived at the scene,
they smelled alcohol on Attorney Maras'
breath and observed that his speech was
thick and his eyes were glossy. Attorney
Maras admitted consuming four drinks of
Scotch approximately two hours before the
incident. A witness reported that Attorney
Maras made several statements at the scene
that he had killed his friend because of his
alcoholism. Attorney Maras was advised that
he was under arrest for operating a vehicle
while intoxicated.
¶6 Attorney Maras sustained injuries in
the accident and was transported to a
hospital in Green Bay. At the hospital, at
approximately 4:30 a.m., his blood was drawn
and registered a 0.169 blood alcohol
concentration.
¶7 On September 13, 2018, the Oconto
County District Attorney's Office filed a
three-count criminal complaint against
Attorney Maras. The district attorney filed
a superseding information on September 24,
2018 charging Attorney Maras with homicide
by intoxicated use of a vehicle, homicide by
intoxicated use of a vehicle with a
prohibited alcohol concentration, and
homicide by negligent operation of a
vehicle.
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¶8 On February 5, 2019, Attorney Maras
pled guilty to homicide by intoxicated use
of a vehicle, a Class D felony. He was
sentenced to three years of incarceration
and 10 years of extended supervision, both
stayed, ordered to serve one year of jail
time on work release, to perform 80 hours of
community service, and to complete 15 years
of probation. He was also fined $5,000,
ordered to pay costs, and ordered not to
possess or consume alcohol or illegal drugs.
Pursuant to the negotiated plea, the
district attorney's office dismissed the
other charges.
¶9 On November 25, 2019 the
administrator of the Illinois Attorney
Registration and Disciplinary Commission
(ARDC) and Attorney Maras filed with the
Supreme Court of Illinois a petition to
impose discipline on consent. The petition
noted that Attorney Maras has not been
previously disciplined, is remorseful, and
has been cooperative in the disciplinary
proceedings. The petition further noted
that Attorney Maras suffers from an alcohol
use disorder, is in sustained remission, and
his maladaptive use of alcohol, which led to
the accident, was causally related to his
misconduct. The petition stated that
Attorney Maras has maintained his sobriety
since the day of his arrest in July 2018,
has a sponsor in the Alcoholics Anonymous
program, and is complying with all court
ordered conditions of his probation. The
administrator requested that the court enter
an order suspending Attorney Maras from the
practice of law for three years and until
further order of the court, with the
suspension stayed after six months in favor
of a three-year period of probation, with
various conditions.
¶10 On January 17, 2020, the Supreme
Court of Illinois entered an order,
consistent with the parties' petition,
imposing discipline on Attorney Maras
suspending his Illinois law license for
three years and until further order of the
court, with the suspension stayed after six
months by a three-year period of probation.
The conditions of probation are:
a. Maras shall abstain from the use of
alcohol and any unprescribed controlled
substances;
b. Maras shall, as required by the
Administrator of the ARDC, submit to random
substance testing by a qualified mental
health professional or facility approved by
the Administrator, within eight hours of
receiving notice by the Administrator that
he shall submit to the testing. The results
of the tests shall be reported to the
Administrator. Maras shall pay any and all
costs of such testing;
c. Maras shall attend meetings as
scheduled
by the ARDC probation officer. Maras shall
submit quarterly written reports to the ARDC
probation officer concerning the status of
his practice of law and the nature and
extent of his compliance with the conditions
of probation;
d. Maras shall comply with any and all
treatment and continuing care
recommendations of the Illinois Lawyers'
Assistance Program (LAP);
e. Maras shall participate in
Alcoholics
Anonymous and/or LAP by attending at least
one meeting a week. Maras is to maintain a
log of his attendance at the meetings and
submit them to the Administrator with his
quarterly reports;
f. Maras shall provide the
Administrator and
LAP with an appropriate release, authorizing
the treating professionals to: (1) disclose
to the Administrator information pertaining
to the nature of Maras' compliance with any
treatment plan established with respect to
his conditions; (2) to promptly report to
the Administrator Maras' failure to comply
with any part of an established treatment
plan; and (3) to respond to any inquiries by
the Administrator regarding Maras' treatment
and compliance with any established
treatment plan;
g. Maras shall maintain a sponsor in a
12-
step program and shall provide the name,
address and telephone number of the sponsor
to the Administrator with in fourteen (14)
days of being placed on probation. Maras
shall request that the sponsor communicate
with the Administrator in writing on a
quarterly basis regarding Maras'
participation and progress in the 12-step
program and report any lapses in sobriety or
usage of unprescribed controlled substances
to the Administrator within 72 hours of that
usage;
h. Maras shall report to the
Administrator
any lapse in his sobriety or usage of any
unprescribed controlled substances with 72
hours of that usage;
i. Maras shall comply with the
provisions of
Article VII of the Illinois Supreme Court
Rules on Admission and Discipline of
Attorneys and the Illinois Rules of
Professional Conduct and shall timely
cooperate with the Administrator in
providing information regarding any
investigations relating to his conduct;
j. Maras shall reimburse the ARDC for
the
costs of its proceeding as defined in
Supreme Court Rule 773 and shall reimburse
the ARDC for any further costs incurred
during the period of probation;
k. At least 30 days prior to the
termination
of the period of probation, Maras shall
reimburse the Client Protection Program
Trust Fund for any Client Protection
payments arising from his conduct;
l. Maras shall notify the
Administrator
within seven days of any arrest or charge
alleging his violation of any criminal or
quasi-criminal statute or ordinance;
m. Maras shall notify the
Administrator
within 14 days of any change of address;
and
n. Probation shall be revoked if Maras
is
found to have violated any of the terms of
probation. The remaining portion of the
three year period of suspension shall
commence from the date of the determination
that any term of probation has been violated
and shall continue until further order of
the Court.
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¶11 Under SCR 22.22(3), this court shall
impose the identical discipline imposed in
another jurisdiction, unless one or more of
three exceptions apply. In his stipulation,
Attorney Maras states that he does not claim
any of the exceptions. He agrees that this
court should impose the level of discipline
sought by the OLR director, a suspension of
Attorney Maras' license to practice law in
Wisconsin for six months with an order that he
comply with all aspects of the Illinois
Supreme Court's probationary terms.
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¶12 Attorney Maras further states that
the stipulation was not the result of plea-
bargaining, that he fully understands the
allegations against him, that he fully
understands the ramifications should this
court impose the stipulated level of
discipline, that he fully understands the
right to contest the matter, that he
understands his right to consult with
counsel and represents that he has in fact
consulted with counsel, that his entry into
the stipulation is made knowingly and
voluntarily, that he has read the OLR's
complaint and the SCR 22.12 stipulation, and
that his entry into the stipulation
represents his decision not to contest the
allegations regarding reciprocal discipline
in the OLR's complaint or the level and type
of discipline sought by the OLR's director.
¶13 Having reviewed the matter, we
accept the stipulation and impose a six-
month suspension of Attorney Maras' license
to practice law in Wisconsin, as discipline
reciprocal to that imposed by the Supreme
Court of Illinois. We further order
Attorney Maras to comply with all of the
terms and conditions of the Illinois
disciplinary order.
¶14 IT IS ORDERED that the license of
Guy Norman Maras to practice law in
Wisconsin is suspended for a period of six
months, effective November 11, 2020.
¶15 IT IS FURTHER ORDERED that Guy
Norman Maras shall comply with all of the
terms and conditions set forth in the
Supreme Court of Illinois order dated
January 17, 2020.
¶16 IT IS FURTHER ORDERED that Guy
Norman Maras 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.
¶17 IT IS FURTHER ORDERED that
compliance with all conditions of this order
is required for reinstatement from the
disciplinary suspension imposed herein.
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