By: Derek Hawkins//July 12, 2017//
WI Supreme Court
Case Name: Office of Lawyer Regulation v. Mark Alan Ruppelt
Case No.: 2017 WI 80
Focus: Law License Suspension Length
This disciplinary matter comes to the court on Attorney Ruppelt’s appeal of a report and recommendation of Referee James J. Winiarski. The referee based his report on a stipulation between Attorney Ruppelt and the Office of Lawyer Regulation (OLR), in which Attorney Ruppelt admitted 16 counts of misconduct and agreed that his Wisconsin law license should be suspended for one year. In his report, the referee recommended a slightly longer suspension than what the parties had agreed upon: a 15-month suspension, rather than the parties’ stipulated one-year suspension. Through his appeal, Attorney Ruppelt challenges the referee’s 15-month suspension; he argues that it is excessive under our disciplinary case law, whereas the parties’ stipulated one-year suspension is the appropriate length. Attorney Ruppelt also criticizes certain characterizations and findings by the referee, and proposes that this court should adopt a policy by which the court would give deference to parties’ disciplinary stipulations.
After reviewing this matter and considering Attorney Ruppelt’s appeal, we accept the referee’s factual findings and legal conclusions based on the parties’ stipulation. We agree with the referee’s recommendation that a 15-month suspension is appropriate, despite Attorney Ruppelt’s arguments to the contrary. We also reject Attorney Ruppelt’s remaining arguments. Finally, we remand this matter to the referee for supplemental proceedings on the issue of restitution.
Remanded
Concur: Abrahamson, J.
Dissent: