Justices tell OLR to further investigate attorney’s health, possible restitution payment

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The Wisconsin Supreme Court is ordering lawyer-regulators to investigate whether any medical concerns are preventing the Green Bay lawyer Paul Boltz from defending himself from misconduct allegations.

The court’s order stems from a recommendation that a court-appointed referee, Robert Kinney, made in August calling for Boltz’s license to be revoked and for Boltz to pay $40,000 in restitution to a client.

The OLR had charged Boltz last March with 10 counts of misconduct stemming from his dealings with a client he represented in both Kewaunee and Brown counties.

According to the allegations, he made off with $40,000 worth of retirement money that he was supposed to be holding in his trust account for a client and he flouted more than one court order calling on him to deliver the money to opposing counsel.

The OLR had asked Wisconsin Supreme Court to revoke Boltz’s law license and pay $40,000 in restitution.

Boltz did not answer the complaint or show up to a hearing in his case.

Kinney wrote that his recommendations took that behavior into account, as well as other aggravating considerations.

However, the court handed down an order on Jan. 22 instructing the OLR to investigate whether Boltz had paid any restitution and whether he had any health troubles that could possibly prevent him from representing himself in the disciplinary case.

The court noted that it had received information that Boltz may have paid some restitution and may be having health difficulties.

Wisconsin Supreme Court rules allow lawyers to ask the court to indefinitely suspend their licenses if they can provide evidence that they have a medical condition that makes it impossible to defend themselves throughout disciplinary proceedings.

The court also ordered the OLR to attempt to communicate with Boltz to learn whether he wants to claim that he has a medical incapacity that would make it impossible to defend himself in the matter.

The OLR has until Feb. 18 to file a report to the court advising the justices on its attempts to reach Boltz about restitution and medical incapacity and whether Boltz may have good reason to claim medical incapacity.

The last time the court granted a medical incapacity-suspension request was in November, in the case of Gerald Boyle, a Mequon attorney known for representing the convicted serial killer Jeffrey Dahmer. The OLR had alleged that Boyle had violated trust-accounting rules and failed to submit fee disputes to arbitration, among other things.

During the disciplinary proceeding, Boyle asserted that he had medical incapacity, citing an extended stay in the hospital, and doctors deeming him incapable of working as a lawyer. The justices’ decision halted the disciplinary case. Follow @erikastrebel