One For Two

An Arizona censure and admonition equals a reciprocal public reprimand in Wisconsin, as the Wisconsin Supreme Court accepted a stipulation of discipline

The [Office of Lawyer Regulation]  filed a complaint and order to answer in this matter on May 1, 2018. The complaint alleged two counts of professional misconduct: (1) that by virtue of a 2010 censure and a 2017 admonition imposed by the disciplinary authorities in Arizona, Attorney Stoltman was subject to reciprocal discipline in this state, pursuant to SCR 22.22(3), and (2) that Attorney Stoltman had failed to notify the OLR of either Arizona discipline within the required time, in violation of SCR 22.22(1)

Precedent

in a similar situation where this court became aware of two public reprimands in another jurisdiction well after they had been imposed, this court publicly reprimanded the attorney in a single proceeding, while noting that there had been two reprimands in the other jurisdiction.

The court noted as to Arizona probation

There is another matter beyond the imposition of a public reprimand that must be addressed. In both instances of discipline, the Arizona disciplinary orders placed Attorney Stoltman on probation and required her to comply with certain terms of probation. The one-year period of probation imposed by the 2010 order of the Supreme Court of Arizona has long since expired so we do not address that here. See In re Disciplinary Proceedings Against Eichhorn-Hicks, 2012 WI 18, ¶10 n.3, 338 Wis. 2d 753, 809 N.W.2d 379 (declining to order attorney to comply with portion of disciplinary order in other jurisdiction that imposed period of probation because the probationary period had already expired). The 18-month period of probation imposed by the 2017 order of admonition imposed by the Arizona Discipline Committee, however, remains in effect as of the date of this decision. In similar situations, where the other jurisdiction has imposed a form of discipline that this court does not impose, such as probation, we have ordered the respondent attorney to comply with the terms and conditions of the disciplinary order in the other jurisdiction. See, e.g., In re Disciplinary Proceedings Against Gillette, 2017 WI 48, ¶¶14- 17, 375 Wis. 2d 112, 895 N.W.2d 1; In re Disciplinary Proceedings Against Hooker, 2010 WI 13, ¶11, 322 Wis. 2d 552, 779 N.W.2d 419; In re Disciplinary Proceedings Against Moree, 2004 WI 118, 275 Wis. 2d 279, 684 N.W.2d 667. We will do so again here.

(Mike Frisch)