High court: No additional suspension for Milwaukee attorney

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The Wisconsin Supreme Court has decided to respond to dozens of counts of misconduct against a Milwaukee lawyer by tacking on more requirements to his conditional reinstatement and ordering him to pay restitution instead of suspending his license.

Milwaukee immigration lawyer Godfrey Muwonge was charged in 2007 with 43 counts of misconduct involving 15 clients. The court suspended his license indefinitely in 2008 because of medical conditions he brought up after disciplinary proceedings had started against him. The justices also halted the disciplinary case against him but revived it in July last year after reinstating his license under certain conditions, including that he must be supervised by a licensed Wisconsin attorney and participate for two years in the Wisconsin Lawyer Assistance Program.

Muwonge and the OLR reached an agreement. He pleaded no contest to all 43 counts of misconduct and agreed to pay restitution to four former clients, as well as agreeing to additional conditions on his license to practice in Wisconsin. Those conditions included taking additional continuing legal education and legal-ethics courses as deemed necessary by the Office of Lawyer Regulation.

A referee recommended that the state Supreme Court accept the terms of Muwonge’s no-contest plea, and the justices agreed to the additional conditions in their Feb. 17 per curiam decision.

“To suspend or revoke Attorney Muwonge’s law license again, for misconduct that occurred prior to the lengthy suspension for medical incapacity, would not serve the interests of justice and is not necessary to protect the public,” according to the court’s decision.

However, the justices did not accept the restitution recommendations the parties had agreed upon. For example, the parties stipulated that the employees of a client were owed between $11,800 and $16,800  and would be “determined by an accounting of the value of the services (Muwonge) actually performed.”

Instead, the court ordered the parties to submit an amount to the court in writing within 90 days of its decision. It also ordered Muwonge to pay $800 to one client, $2,500 to another client and advise the court within 90 days if Muwonge and the OLR agree that a reduction of those amounts ought to be made. If they cannot agree, they must tell the court so referee can make a recommendation to resolve the matter.

“This court is not a fact finder and we are disinclined to accept indeterminate restitution recommendations,” according to the decision. “We are also disinclined to accept a recommendation that does not impose a time frame for the parties to resolve the amount of restitution owed to a client injured by an attorney’s misconduct.” Follow @erikastrebel