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High court orders lawyer-turned-contractor to file statement or risk dismissal of disciplinary appeal

By: Erika Strebel, [email protected]//December 20, 2017//

High court orders lawyer-turned-contractor to file statement or risk dismissal of disciplinary appeal

By: Erika Strebel, [email protected]//December 20, 2017//

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A former Dane County lawyer who now runs a construction company could lose his opportunity to challenge a recommendation that his law license be revoked.

Lawyer-regulation authorities charged James Hammis in 2014 with 48 counts of misconduct, accusing of him lying to a judge, improperly transferring thousands of dollars from his trust account into his personal bank account and failing to file cases.

The Office of Lawyer Regulation had asked the Wisconsin Supreme Court to revoke Hammis’ license, meaning he would be indefinitely banned from practicing law in the state but could petition the court for reinstatement after five years. The OLR had also sought to have Hammis pay $400 in restitution to one of his clients.

Hammis agreed to admit to certain facts and pleaded no contest to certain charges, and the OLR agreed to drop some charges.

However, the OLR and Hammis disagreed on what sort of discipline ought to be imposed. The OLR contended that a revocation was appropriate. Hammis, on the other hand, contended that a year-long suspension should be imposed because the violations were minor.

The referee in the case, Lisa Goldman, sided with the OLR in a report filed in September.

Hammis filed his notice appealing Goldman’s decision in October. But since then, he has failed to file a statement on transcript, which is due within 14 days of filing notice of appeal in a disciplinary case. Hammis had until Oct. 30 to file it.

The Wisconsin Supreme Court issued an order on Dec. 8 ordering Hammis to file the statement on transcript by Dec. 22. The court noted that it may choose to dismiss the appeal if Hammis does not file the statement by then.

Regardless of what Hammis chooses to do, the court will review Goldman’s recommendations and issue a final order on the matter.

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