It Is Not Over
An attorney was suspended for 90 days with reinstatement on conditions by the Wisconsin Supreme Court.
The attorney’s issues related to a failed romantic relationship
…after an approximately 14-month relationship, K.M. sent Attorney Netzer an e-mail saying, “It is over.” K.M. told Attorney Netzer not to contact her in any way and not to send gifts, flowers, or attempt to talk to her in person.
…Attorney Netzer wrote K.M. an e-mail saying he wanted to speak to her face-to-face one more time. On September 11, 2009, Attorney Netzer sent K.M. a postcard from New York. K.M. rejected Attorney Netzer’s further attempts at contact.
…K.M. went to the City of La Crosse police department and filed a complaint in reference to Attorney Netzer possibly stalking her. K.M. said she had advised her employer about her concerns regarding Attorney Netzer, and the employer set up surveillance cameras around her workplace. K.M. told police she had made drastic lifestyle changes because of Attorney Netzer not complying with her demand that he stay away from her. A City of La Crosse police officer telephoned Attorney Netzer, advised him about the complaint, and said if his conduct continued, stalking charges would be filed. Attorney Netzer acknowledged it was wrong to stalk someone and he promised not to stalk K.M.
…Onalaska police responded to a call about a suspicious dark blue Kia Sportage registered to Attorney Netzer parked on a road in proximity to K.M.’s condominium. Police located Attorney Netzer running in the vicinity, and they arrested him.
…a harassment injunction was issued against Attorney Netzer. The circuit court affirmed the injunction following a de novo hearing on November 19, 2009. The injunction was to remain in effect until November 6, 2013. Attorney Netzer was required to have no contact of any kind with K.M.
…Attorney Netzer placed a “Happy/Sunshine” ad in the La Crosse Tribune, saying, “Dear Muffinz, Thanks for a great 2008. Please forgive me for 2009. Happy New Year 2010. Love Forever, Koala.” K.M. and Attorney Netzer had exchanged these nicknames during their relationship.
..Attorney Netzer placed an ad in the La Crosse Tribune wishing K.M.’s mother a happy birthday. The ad was signed with the names of K.M.’s cats.
…Attorney Netzer placed another “Happy/Sunshine” advertisement in the La Crosse Tribune telling K.M., “I may no longer be in your heart, but you will always be forever the only one in mine. For you to be happy is all I ever have wanted and that is what I wish for you now. HAPPY VALENTINES DAY. Love, Randy and Kitties. . . .”
…Attorney Netzer placed each of the newspaper ads by calling a telephone number for the Coulee News. He claimed he thought he was placing the ads in the Coulee News newspaper but the ads were published in the La Crosse Tribune by mistake. He said he did not realize the mistake until after the ads had been published in the La Crosse newspaper.
…Attorney Netzer was arrested for violating the November 6, 2009 harassment injunction. The following day he was criminally charged. As a condition of a $3,000 cash bond, he was required to have no contact with K.M., her residence, or her workplace. He was fitted with a Global Positioning System (GPS) to ensure he did not travel to any exclusion zones. He was purportedly told he was excluded from the Valley View Mall.
The attorney pleaded guilty to misdemeanor harrassment charges.
The majority on sanction
This court found in 2006 that Attorney Netzer’s two prior misdemeanor convictions, which arose out his violating a harassment injunction filed by a previous girlfriend, reflected adversely upon his trustworthiness or fitness as a lawyer in other respects. The same analysis holds true in this case. This court has long adhered to the concept of progressive discipline in attorney regulatory cases. It does not appear that the 2006 private reprimand had the impact we intended on Attorney Netzer since he repeated the same conduct here. For that reason, we agree with the referee that a 90-day suspension of Attorney Netzer’s license to practice law in Wisconsin is appropriate.
Chief Justice Abrahamson, joined by Justice Bradley, dissented and would impose a six-month suspension. (Mike Frisch)