Past As Prologue

The Wisconsin Supreme  Court has rejected a favorable recommendation and denied reinstatement to a petitioner whose license had been revoked

When reviewing referee reports in reinstatement proceedings, we utilize standards of review similar to those we use for reviewing referee reports in disciplinary proceedings. We do not overturn a referee’s findings of fact unless they are clearly erroneous. On the other hand, we review a referee’s legal conclusions, including whether the attorney has satisfied  the criteria for reinstatement, on a de novo basis. 

Petitioner

Attorney Mandelman was licensed to practice law in Wisconsin in 1980. He has been the subject of seven disciplinary proceedings. His license has been suspended or revoked since 2006…

From Attorney Mandelman’s very first disciplinary proceeding in 1990, we observed a “definite pattern of Attorney Mandelman’s disregard of very basic ethical obligations of lawyers.” Since then, Attorney Mandelman has come before this court many times, each time having committed serious misconduct that affected numerous clients and encompassed not only neglect, but dishonesty and fraud. In 1995, we tried conditional reinstatement. It failed. Five disciplinary proceedings ensued, culminating in Attorney Mandelman’s license revocation.

As a result of his pervasive, serious, and very troubling pattern of misconduct, Attorney Mandelman has created a heavy burden for himself. We conclude that Attorney Mandelman has failed to meet his burden to prove to this court that he possesses the requisite moral character to practice law in this state, that he has a proper understanding of and attitude toward the standards imposed upon members of the bar, that he will act in conformity with those standards, and that he can be safely recommended as a person fit to be consulted by others, to represent them, and to otherwise act in matters of trust and confidence…

We recognize that our holding today will leave Attorney Mandelman asking what else he can do to persuade this court to reinstate his law license. We recognize that he cannot undo his past misconduct. This conundrum does not mean, however, that this court is somehow compelled to reinstate his license. An attorney whose license was suspended or revoked for misconduct has no right to reinstatement. Lathrop v. Donohue, 10 Wis. 2d 230, 237, 102 N.W.2d 404, 408 (1960) (observing that the practice of law is not a right but a privilege). Nothing in our prior attorney disciplinary decisions implies that a petitioner for reinstatement enjoys a presumption of rehabilitation upon the expiration of a specified term of suspension, much less revocation.

Justice Abrahamson dissented

I dissent because I conclude that the court is not consistent in its rulings on reinstatements. See Petition for Readmission After Voluntary Resignation of Keith B. Daniels, Jr., unpublished order (Apr. 20, 2018) (Ann Walsh Bradley, J., dissenting) (highlighting the court’s failure to explain inconsistent results of two similarly situated petitioners). The court’s failure to properly explain its inconsistent decisions raises due process concerns.

(Mike Frisch)