Professional Responsibility — suspension

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Wisconsin Supreme Court

Civil

Professional Responsibility — suspension

Where attorney Peter James Nickitas received a 30-day suspension in Minnesota, a reciprocal, non-retroactive 30-day suspension is appropriate.

“The OLR opposes a retroactive suspension, saying a lawyer’s voluntary cessation of practice does not result in the court backdating the suspension.  See, e.g., In re Disciplinary Proceedings Against Frank, 206 Wis.2d 233, 241, 556 N.W.2d 717 (1996).  The OLR argues that in the event the suspension were not made retroactive, this court would not be effectively doubling the discipline since Attorney Nickitas had the ability to continue to practice in Wisconsin during the term of his Minnesota suspension.  The OLR says Attorney Nickitas’ purported voluntary cessation of practice in Wisconsin during the term of the Minnesota suspension does not warrant retroactive application of the suspension imposed by this court.  We agree with the OLR’s reasoning.  Suspensions are generally not imposed retroactively.  There are no special circumstances in this case that would warrant a retroactive suspension.”

2013AP1770-D OLR v. Nickitas

Per Curiam.

Attorneys: For Complainant: Hendrix, Jonathan E., Madison; For Respondent: Nickitas, Peter James, Minneapolis