2006AP2104-D OLR v. Mauch

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Where Attorney Bartley G. Mauch deceived a client as to the status of a case, a 90 day suspension is appropriate.

“In discussing the appropriate sanction, the referee noted that this court has frequently followed the concept of progressive discipline, especially in cases involving a pattern of similar misconduct. The referee said Attorney Mauch’s violations in this case were consistent with the conduct that led to his two prior public reprimands. The referee noted that Attorney Mauch’s problems seemed to occur when he handled civil matters rather than criminal matters. The referee noted that while Attorney Mauch viewed his criminal defendants as clients, he apparently viewed his civil clients, including A.L., as friends. The referee said: ‘The inability to differentiate between criminal and private clients is one of the reasons for his conduct. He could not bear to let down his friend. So he engaged in [a] course of conduct designed to hide his actions. The discipline imposed has to be sufficient to deter future deceitful conduct.'”

“We adopt the referee’s findings of fact and conclusions of law and determine that a 90-day suspension is the appropriate discipline for Attorney Mauch’s professional misconduct. Attorney Mauch’s handling of A.L.’s case, and particularly his deceiving A.L. into believing that the case had been settled when in fact it had been dismissed, is a serious failing that warrants a 90-day suspension. We further agree with the referee that Attorney Mauch should pay the full costs of the proceeding.”

Per Curiam.

Attorneys: For Appellant: Krohn, Robert G., Edgerton; Weigel, William J., Madison; For Respondent: Milliken, Kevin F., Madison