State high court reprimands attorney for impugning judge

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The Wisconsin Supreme Court on Thursday publicly reprimanded Milwaukee attorney Timothy Riordan for misconduct, despite the attorney’s protest.

The charges stem from multiple statements the attorney made to and about Milwaukee Circuit Judge Michael Dwyer, who denied a guardianship proceeding Riordan filed.

Riordan and his wife have since the mid-1980s been involved with the care of a disabled war veteran who now suffers from dementia. On Feb. 15, 2008, Dwyer entered an order denying the Riordans guardianship of the veteran, stating, “The court deemed the Riordans’ reliance on [the person’s] income to be a serious conflict of interest.”

In subsequent court filings, Riordan sought substitution of Dwyer and was critical of the judge’s ruling, his impartiality and his judicial qualifications, according to court documents. In a pleading filed April 25, 2008, Riordan stated, “[T]his abuse of power by the Court affirms to the minority community that they are still pieces of property for exchange on the auction block of Milwaukee County’s injustice.”

On April 29, 2011, the Office of Lawyer Regulation filed a two-count disciplinary complaint against Riordan alleging he violated SCR 20:8.2(a)2 and SCR 40.153 (the attorney’s oath).

Riordan did not dispute the statements he made, but argued that the matter should be dismissed, contending his statements and actions were protected by the First Amendment considerations because they stemmed from a sincere belief that he is following the will of God in pursuing guardianship.

The referee concluded that the OLR established by clear and convincing evidence that Riordan’s statements were false when made or were made with reckless disregard for the truth. The referee specifically rejected Riordan’s assertion that his conduct was immunized and his speech protected under the First Amendment.

“False statements made knowingly, or with reckless disregard for the truth, are not constitutionally protected,” the case filing states.

The state Supreme Court agreed with the OLR referee’s finding that Riordan “failed to articulate any reasonably objective factual basis for the statements he made concerning Judge Dwyer.”

In addition to the public reprimand, Riordan was ordered to pay the full cost of the proceedings, which totaled $10,664.88 as of Oct. 22.

Riordan’s license has been suspended since October for nonpayment of dues and non-compliance with trust account certification requirements. He has no previous history of attorney misconduct, according to court records.