Justices reprimand lawyer who ran for high court seat

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A Madison-area lawyer who ran for a spot on the Wisconsin Supreme Court in 2007 was publicly reprimanded Tuesday for statements and letters he sent disparaging a prosecutor.

This is the second time in two years that Joseph Sommers, of Oregon, has been disciplined. Both cases arose from his representation of Adam Raisbeck – a man charged and later acquitted of homicide by negligent operation of a motor vehicle – as well as a contentious relationship with Dane County Assistant District Attorney Paul Humphrey. Both Humphrey and Sommers were suspended for 30 days in 2012.

Sommers’ law license currently is suspended for failing to pay State Bar dues and not complying with continuing legal education requirements. Though he never responded to the current OLR case, the state Supreme Court, in a 3-2 decision, decided to sidestep a 60-day suspension recommended by a referee.

“Without excusing the misconduct, which is serious, we are mindful that this proceeding stems from and is intertwined with the underlying disciplinary proceedings and prosecution of [Raisbeck], which elicited extraordinary and, we hope, unusual animosity between opposing counsel,” according to the opinion. “On careful consideration, we deem a public reprimand sufficient to address Attorney Sommers’ misconduct in this matter.”

The court also ordered Sommers to pay $5,033.16 for the cost of the proceeding.

Justices Annette Ziegler and Michael Gableman did not participate in Sommers’ disciplinary case. Ziegler defeated Sommers in the 2007 state Supreme Court race.

According to Tuesday’s decision, Sommers announced his candidacy on Jan. 2, 2007. Two days later, he sent a letter to the justices advising them of his candidacy and alleged that Dane County Assistant District Attorney Paul Humphrey engaged in misconduct while prosecuting Raisbeck. At the time, Humphrey already was under investigation for misconduct, though Sommers’ allegations “far exceeded” those that the Office of Lawyer Regulation was investigating, according to the Supreme Court’s decision.

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Sommers posted the letter on his website, but did not send Humphrey the letter; Humphrey filed a grievance.

On Feb. 5, 2007, Sommers posted a news release titled “Corruption in Wisconsin Courts – Supreme Court Candidate Speaks Out,” which explains “How innocent defendants plead out every day in Wisconsin courts” and “how judges are permitted to get away with falsifying the record.” Humphrey then filed another grievance.

Subsequently, the OLR asked Sommers to explain his letters. He did, but sent the letters directly to the state Supreme Court. Humphreys then filed a third complaint against Sommers.

Finally, in January 2008, the OLR sent Sommers a preliminary investigation report, and Sommers sent a letter to the state Supreme Court and the OLR. The OLR then charged Sommers with three counts of misconduct, including sending an improper ex parte communication, making extrajudicial statements that he knew would prejudice a proceeding and failing to maintain the respect due to courts of justice and judicial officers.

And while the court held that Sommers committed misconduct, it noted that its decision comes in a case where he “declined to participate” and that the case is being decided solely on the facts presented.

“We are reluctant to deem that statements made during a judicial election violate the Attorney’s Oath. The Attorney’s Oath should not be invoked to stifle legitimate critique of judicial administration or process,” according to the decision. “However, Attorney Sommers’ sweeping assertion that ‘judges are permitted to get away with falsifying the record’ reflects outspoken contempt for the entire court system.”

Sommers was admitted to practice law in Wisconsin in 1992 after graduating from the University of Wisconsin Law School. He could not immediately be reached for comment Tuesday.

Chief Justice Shirley Abrahamson, in a brief dissent, said she would not have disciplined Sommers, noting that “I do grasp his distress about what he views as injustices to his client and slip-ups in the disciplinary proceeding against him.” Justice Patrick Crooks wrote that he would have suspended Sommers for 60 days.

Sommer’s Supreme Court candidacy website also takes aim at other Dane County prosecutors and state legislators, accusing them of a conspiracy. Follow @eheisigWLJ