Attorney Disciplinary Proceedings

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WI Supreme Court

Case Name: Office of Lawyer Regulation v. Robert W. Horsch

Case No.: 2017 WI 105

Focus: Attorney Disciplinary Proceedings

We review the report and recommendation of Referee Richard M. Esenberg that Attorney Robert W. Horsch be publicly reprimanded for professional misconduct and that he pay the full costs of this proceeding, which are $1,797.03 as of February 7, 2017. The Office of Lawyer Regulation (OLR) asked that, in addition to the public reprimand, the court impose various conditions on Attorney Horsch. The referee recommended that implementation of the conditions be suspended for a period of 90 days following this court’s order imposing discipline. The referee made this recommendation because it appeared that Attorney Horsch wanted to voluntarily resign from the practice of law. The referee recommended that if, during the 90-day period, Attorney Horsch voluntarily resigned from the State Bar, the conditions would not need to be implemented.

We conclude that Attorney Horsch’s felony conviction for fourth offense operating while intoxicated (OWI) warrants a 60-day suspension of his license to practice law rather than a public reprimand. Attorney Horsch has now indicated that he does not want to resign from the practice of law. However, his license is currently administratively suspended so he is not practicing law. Under the circumstances, we deem it appropriate to order that the conditions proposed by the OLR would take effect in the event Attorney Horsch ever resumes the active practice of law. We also deem it appropriate, as is our custom, to impose the full costs of this proceeding against Attorney Horsch.

Affirmed

Concur: ABRAHAMSON, J. concurs and dissents (opinion filed).

Dissent: ABRAHAMSON, J. concurs and dissents (opinion filed).

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