Retired Kenosha County DA appeals license suspension, costs recommendation

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A recently retired Kenosha County DA is appealing a referee’s recommendation that includes a minimum year-long license suspension.

The Office of Lawyer Regulation filed a complaint last year charging Robert Zapf, who then had just retired from his position as Kenosha County DA, with three counts of misconduct stemming from two related homicide cases he had prosecuted. The OLR alleges Zapf withheld information from the court and defense counsel.

After an evidentiary hearing in July, the referee in the case, the retired judge Dennis Flynn, filed a report recommending that the Wisconsin Supreme Court suspend his license for at least a year – four times longer than the discipline the OLR had sought. A year-long suspension would require Zapf to apply for reinstatement, which involves presenting evidence at a public hearing.

Flynn also called for Zapf to pay all costs of the disciplinary proceeding and complete 25 hours of continuing legal-education courses on attorney and prosecutorial ethics in criminal cases. He also recommended that Zapf, even after the end of his suspension, be banned from working as a prosecutor in any district attorney’s office.

Zapf filed a notice of appeal on Aug. 30, according to court records, and has hired the Milwaukee attorney Richard Cayo of Halling & Cayo to represent him. Michael Younglove had represented Zapf before the referee.

On Sept.l 15, Zapf filed an objection to the costs Flynn recommended he pay. Flynn had recommended that Zapf pay all reasonable costs of the disciplinary proceeding.

By the OLR’s count, that amount, before costs incurred on appeal, is $16,142.53. That includes  $4,110.90 for counsel fees and disbursements, $9,640.08 in referee fees and $2,391.55 for a court reporter, according to a statement of costs the OLR filed Sept. 6.

The Wisconsin Supreme Court will review Flynn’s recommendations as well as Zapf’s arguments on appeal before issuing a final decision in the matter. Follow @erikastrebel