Please ensure Javascript is enabled for purposes of website accessibility

High court dismisses some charges against West Allis attorney

By: Erika Strebel, [email protected]//November 29, 2016//

High court dismisses some charges against West Allis attorney

By: Erika Strebel, [email protected]//November 29, 2016//

Listen to this article

The Wisconsin Supreme Court has publicly reprimanded a West Allis attorney but dismissed some of the charges filed against her.

Tuesday’s discipline stems from a complaint the Office of Lawyer Regulation filed in September 2015, alleging Margaret Bach had committed six counts of misconduct involving attempts to visit and contact her son, Aaron, who has a rare brain tumor that causes seizures and violent behavior.

Bach was Aaron’s guardian for two years until the courts in 2009 appointed a new guardian. Bach has said Aaron was taken from her home, in 2012, without her first receiving proper notice. She believes that happened because Milwaukee County did not want to pay for the two caregivers her son needed.

She tried to get him back or at least visit him,. In doing so, according to the OLR, Bach violated three court orders issued after she had got her law license. The OLR also alleges that she filed frivolous lawsuits in state and federal courts.

The OLR had asked the high court to publicly reprimand Bach and later amended its complaint to allege five counts of misconduct. A court-appointed referee found that the public reprimand was appropriate but suggested that the justices dismiss three of the five charges.

Two of the charges alleged that she knowingly advanced claims unwarranted by existing law by continuing to file claims in federal and state courts even though she was enjoined from doing so and the claims had been ruled meritless or frivolous.

The third charge alleged that Bach had broken a rule prohibiting attorneys from taking a position meant only to harass or maliciously injure another party.

The referee found that the OLR did not meet its burden to show by clear and convincing evidence that Bach knew that the claims she had filed were frivolous and unwarranted. The referee further concluded that Bach had sought to harass the defendants.

The referee noted that Bach’s filings were inept and perhaps were evidence that Bach had broken ethical rules involving competence. Still, the filings alone did not support the OLR’s charges.

The high court on Tuesday agreed with the referee, dismissing the three counts of misconduct and choosing to publicly reprimand Bach.

However, the justices warned Bach in its per curiam decision that the justices could not condone her behavior.

“We recognize that her fervent advocacy stems from concern for her child. However, we must caution Attorney Bach that this court’s tolerance for her persistent refusal to respect and follow rules of court procedure is wearing thin.”

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests