Professional Responsibility — suspension

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Wisconsin Supreme Court

Civil

Professional Responsibility — suspension

Where all of attorney Patrick M. Cooper’s misconduct occurred nearly a decade ago, a retroactive suspension is appropriate.

“We recognize, however, that the misconduct alleged in this case occurred nearly a decade ago, during the same period as the misconduct that was at issue in the previous disciplinary proceeding.  If all of Attorney Cooper’s misconduct from that time period had been addressed in a single proceeding, the most severe discipline that could have been imposed would have been a revocation of Attorney Cooper’s license to practice law in this state, which would have allowed him to petition for the reinstatement of his license after a period of five years.  Imposing an additional suspension of two years in this proceeding, retroactive to the end of the prior three-year suspension, would similarly result in a five-year period of ineligibility to seek reinstatement.  A retroactive suspension would also comport with our prior cases, where we have said that retroactive suspensions may be appropriate in situations, like the one here, where the ‘misconduct occurred prior to the [earlier] disciplinary proceeding and [the attorney’s] license has remained suspended well beyond the period of suspension previously imposed.’  In re Disciplinary Proceedings Against and Reinstatement of Mandelman, 182 Wis. 2d 583, 592, 514 N.W.2d 11 (1994).  Moreover, there is support in our prior decisions for a two-year suspension given the nature and scope of Attorney Cooper’s misconduct, regardless of the fact that the misconduct at issue here occurred at the same time as the misconduct charged in the prior disciplinary proceeding.  Accordingly, we conclude that Attorney Cooper’s license to practice law in Wisconsin should be suspended for a period of two years, retroactive to March 23, 2010, the date on which the prior three-year suspension expired.”

2012AP2334-D OLR v. Cooper

Per Curiam.

Attorneys: For Complainant: Spoke, Julie Marie, Madison; For Respondent: Cooper, Patrick M., Mequon