Addiction And Mitigation
The Wisconsin Supreme Court ordered a six-month suspension of an already suspended attorney for trust account violations, neglect and failure to cooperate with the Office of Lawyer Regulation.
The attorney and the OLR had stipulated to the violations but not the sanction.
OLR sought a six-month suspension, which the referee had recommended
The referee noted that at the sanction hearing, Attorney Johansen testified he had sustained a back injury while in the Marines and had developed an addiction to opioids, which he has struggled with for 20 years. The referee noted, however, that Attorney Johansen produced no medical or military records and when asked if he had ever applied for benefits due to a service related disability, he said he had not done so but might explore doing so in the future because his back problem was getting worse.
The referee noted that Attorney Johansen indicated that on two occasions in the summer of 2019 he entered in-patient treatment at the Betty Ford Clinic in Minnesota. Attorney Johansen also said that he was not currently in any treatment for his addiction and when asked if he had any thought about establishing a treatment plan in the future he said, “I haven’t thought about it because it hasn’t been an issue, but I suppose I had better because it is sometimes a lifetime struggle, and I know I have struggled with it for 20 years now.”
The referee said the thrust of Attorney Johansen’s defense was that, even though he has struggled with opioid addiction for 20 years, the referee should ignore that fact because none of the 18 counts of misconduct to which he admitted involved the purchase or use of illegal substances, nor was there a proven nexus between the violations and his drug use.
The referee also noted that although a number of the counts of misconduct involved violations of trust account rules, it was not clear whether Attorney Johansen understood the trust account rules, and he presented no evidence of attending any educational programs regarding trust accounts.
The referee said while it may be there was no direct connection between some of the counts in the amended complaint and Attorney Johansen’s drug use, Attorney Johansen does admit that his lack of cooperation with the OLR’s investigation, which is itself a violation of supreme court rules, was related to his drug abuse. The referee said Attorney Johansen did not appear to approach this case in a serious or professional manner; he failed to respond to important communications; he missed deadlines; and there was no indication he prepared for the sanctions hearing.
As to mitigating factors, the referee noted that Attorney Johansen has no prior disciplinary record, nor did there appear to be a dishonest or selfish motive underlying the violations. The referee said although chemical dependency is listed as a possible mitigating factor under the American Bar Association guidelines, not enough time has transpired to conclude that Attorney Johansen has been successfully rehabilitated from his drug dependency given that he left treatment early on two occasions; failed to provide discharge summaries; failed to provide documentary evidence attesting to his present non-drug use; and failed to involve himself in follow-up treatment.
Pine City Pioneer reported on a June 2019 arrest
A man and a woman, along with a Wisconsin defense attorney, were arrested on June 15 after a search of their car allegedly led to the discovery of drugs and burglary tools.
The three people arrested include attorney Jesse Jon Johansen, 45 of Duluth; Brandon William Farmer, 34, of Duluth; and Shannon Margaret Bissell, 35, of Cloquet.
Bissell and Farmer were both charged with fifth degree possession of a controlled substance and possession of burglary and theft tools. Johansen was arrested on those two charges as well, along with another, Drugs – 3rd Degree – Possess 50 or More Dosages Narcotic Mixture, which is a felony charge with a maximum charge of 20 years in prison. According to the Wisconsin Office of Lawyer Regulation, Johansen’s license is currently suspended and he has a pending misconduct case.
According to the criminal complaint:
On Saturday, June 15, at 5:23 p.m., a Pine County deputy stopped to assist the three when their car was pulled over on the side of the road on County Road 61 near Bear Road in Hinckley. Farmer was driving the car, and told the deputy he was having issues with it. The deputy was told they were driving from North Branch to Duluth and pulled over due to the issues. He was asked why he stopped in an isolated area, rather than at a service station, and Farmer replied, “My father died last week.” The deputy noted that Farmer’s movements were jerky, and his speech was rapid, and based on his training and experience, believed he was under the influence of a controlled substance.
Farmer stated he did not have a driver’s license nor insurance. A deputy discovered there was also an active warrant for his arrest out of Hennepin County. While he was arrested, a hypodermic needle was found in his possession.
Other deputies arrived and one noticed Johansen was also acting suspicious since his hands were shaking and he would not make eye contact. He told deputies they were driving from Grand Casino Hinckley to Black Bear Casino, but the three were south of Grand Casino Hinckley. His driver’s license was canceled. During a pat search, a pill bottle containing 62 hydrocodone pills were found on him, along with a piece of tin foil which contained methamphetamine.
Bissell was then interviewed. Her license was also canceled, and a deputy observed fresh track marks on her arm.
The car was then searched. They found a glass vial containing a liquid emitting the odor of marijuana, a blue handled lock picking device, and a black hollowed-out pen with a crystalline residue inside that NIK tested positive for methamphetamine. Also found was a large piece of tinfoil containing suspected burnt heroin, a case containing several tools for picking locks, lock mechanisms, padlocks, and a door lock, a tourniquet and alcohol wipes, and a black leather case containing five glass vials of Naloxone (used to reverse the effects of controlled substances) and hypodermic needles.
Inside Bissell’s purse was a baggie which appeared to contain meth as well. The trunk was then searched and they found lock picking tools, five cell phones, a bolt cutter, and gloves, along with a 100-count box of hypodermic needles.
Both Farmer and Bissell have three prior felony controlled substance offenses on their record, while Johansen has a pending fifth degree possession of a controlled substance charge in St. Louis County.
(Mike Frisch)