Sanction Imposed But No Progress On Discipline Reform

The Wisconsin Supreme Court has ordered a six-month suspension of an attorney who violated ethics rules in a series of matters involving divorce and parental rights.

The attorney stipulated to the misconduct. The referee had not followed the recommendation of both parties for a four-month suspension but proposed six months.

The referee noted that Attorney Templin is a staff attorney employed at a nonprofit law firm directing services for economically disadvantaged clients who have few or no lawyer retention options. The referee also found a lack of remorse or acceptance of responsibility for Attorney Templin’s actions, as well as a significant number of violations occurring in a relatively short period of time since he was licensed to practice law. The referee also expressed concern about Attorney Templin’s understanding of his violation of supreme court rules, the seriousness of the violations, the inappropriateness of his conduct, and the effect of his violations of the rules. The referee noted that, while the disciplinary proceeding was pending, Attorney Templin attempted to voluntarily resign from the State Bar. His resignation request was held in abeyance pending the outcome of this disciplinary proceeding. The referee also commented that she was concerned about Attorney Templin’s understanding and attitude towards meeting the professional standards imposed on a member of the bar, and said his “conduct during these proceedings raises substantial concerns about [his] understanding of and attitude toward court proceedings and toward future clients’ needs and expectations.”

Justice Abrahamson concurred but continues to express concern about the operation of the bar discipline processes

I write separately, however, to discuss a procedural issue posed in the instant case relating to current OLR practice: How should the OLR address multiple investigations of a lawyer during substantially the same time period? Should the OLR propose disciplining an attorney in one disciplinary proceeding only to support a different discipline or suspension of the license in the near future in another proceeding?…

I write separately to address an anomaly that was revealed in Osicka and to repeat my commitment to try to keep the bench, the bar, and the public generally informed as best I can about what progress (or lack thereof) is made in the appointment of the committee. As of this date, no progress has been made to create the committee.

(Mike Frisch)