High court sends Madison attorney’s disciplinary case back to referee

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The Wisconsin Supreme Court has sent the disciplinary case of a Madison lawyer back to the referee assigned to the case.

The case stems from an Office of Lawyer Regulation complaint filed last year against Michele Tjader, charging her with nine courts of misconduct, including failure to return unearned fees and failure to surrender a client’s file.

The OLR had called for a 60-day suspension and for Tjader to pay restitution. Tjader eventually filed an answer admitting to three of the charges and later reached a stipulation and no-contest plea stipulation with the OLR, which agreed to recommend that Tjader be publicly reprimanded and withdraw three of the charges.

A public reprimand does not involve a license suspension, but the court’s final decision will be made a public record and a copy will be sent to the lawyer’s home town.

The referee in the case, Nick Schweitzer, issued a report in February adopting the disciplinary measures suggested by the parties. However, he also recommended that in order to continue practicing law, Tjader pay $34,500 back to her clients, return a client’s documents and send proof that she has done both to the OLR within 120 days of the court’s order. Schweitzer also recommended that, should she fail to do those things, her license be suspended indefinitely.

The Wisconsin Supreme Court on April 9 issued an order instructing Schweitzer to order the parties to amend the stipulation so it talks about restitution. The justices also ordered the OLR to submit a memorandum supporting the amended stipulation and ordered Schweitzer to file a supplemental report after reviewing the amended stipulation and memorandum.

The justices noted that should Tjader and the OLR fail to agree on an amended stipulation, Schweitzer may conduct additional hearings.

Schweitzer issued the order for the amended stipulation on April 18. His supplemental report is due in August, according to court records.