2005AP2826-D OLR v. Beatse

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Where attorney Todd Beatse used a state-owned computer to view pornography, sent offensive e-mails to court employees, and obstructed the investigation, a public reprimand is appropriate discipline.

“With respect to the question of the appropriate level of discipline, the referee concluded that a public reprimand was warranted. He acknowledged that there were some mitigating factors in Attorney Beatse’s favor, including that Attorney Beatse had already suffered significant consequences, such as the loss of his job, that he had cooperated with the OLR in its investigation, and that he appears to have genuine remorse for his misconduct. On the other hand, the referee concluded that Attorney Beatse’s conduct was so outrageous that it required public, rather than private, discipline. He stated that it was disturbing not only that Attorney Beatse had lied and attempted to place undeserved blame on his son, but also that his repeated lies had caused his employer and co-workers additional work. In addition, the referee stated that he believed that Attorney Beatse still did not fully understand that because someone shares questionable or inappropriate stories with him, he did not have the right to comment on that person’s anatomy.

“After reviewing the record and in light of Attorney Beatse’s no-contest plea, we adopt the referee’s factual findings based on the allegations of the OLR’s complaint. We also adopt the referee’s legal conclusions that Attorney Beatse violated SCR 20:8.4(c) by his multiple false statements and that he violated his oath as an attorney, thereby also violating SCR 20:8.4(g). We further agree that the repeated nature and seriousness of Attorney Beatse’s misconduct warrants a public reprimand. Finally, we decide that Attorney Beatse should be required to pay the costs of this proceeding, which were $6693.98 as of May 11, 2006.”

Per Curiam

Attorneys: For Appellant: Weigel, William J., Madison; For Respondent: Beatse, T. James, pro se