Unappealing

An attorney who engaged in multiple ethics violations was allowed an appeal on the merits even though he had failed to follow appellate procedure and file a brief by the Wisconsin Supreme Court.

Ultimately, we choose not to formally dismiss Attorney Hicks’ appeal, but merely to proceed to consider the matter without the benefit of briefs. This choice, however, will have no real effect on how we proceed in this disciplinary case. In either case, because this is an attorney disciplinary matter that has come to us via a referee’s report and recommendation rather than a lower court “judgment” that we could simply affirm without consideration of the merits, we must proceed to review the referee’s report and recommendation on the merits. Because there are no briefs and no specific issues presented for our review, we will still proceed with our review as if no appeal had been filed, which means that we will still review the referee’s findings of fact and conclusions of law and will determine an appropriate level of discipline for any misconduct that is found.

 On the merits, he had no meritorious arguments and deserves a two-year suspension

In light of the pattern of misconduct that Attorney Hicks has exhibited and his disregard for both his vulnerable clients and his obligations as an officer of the court, we determine that a two-year suspension of his license is required to impress upon him the seriousness of his misconduct.

  (Mike Frisch)