Judicial Misconduct

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WI Supreme Court

Case Name: Wisconsin Judicial Commission v. The Honorable Michael J. Piontek

Case No.: 2019 WI 51

Focus: Judicial Misconduct

We review, pursuant to Wis. Stat. § 757.91 (2015-2016), a Judicial Conduct Panel’s findings of fact, conclusions of law, and recommendation for discipline for Racine County Circuit Court Judge Michael J. Piontek. The Judicial Commission filed a complaint against Judge Piontek on June 5, 2018, alleging that he had engaged in judicial misconduct by his actions in presiding over two different criminal matters. Judge Piontek filed a response to the complaint in which he generally admitted the allegations but alleged various mitigating circumstances. At the time of the events in question, Judge Piontek had been a circuit court judge for Racine County for about two years. Before assuming the bench, Judge Piontek was a practicing lawyer for about 38 years, including time as a county prosecutor. Until this disciplinary matter, he had never been the subject of a complaint or grievance as an attorney or judge.

Consistent with an order issued by the Judicial Conduct Panel, the parties filed briefs on the issue of the appropriate discipline to be imposed. After receiving these briefs, the panel made findings of fact and conclusions of law and recommended that this court suspend Judge Piontek between five and 15 days. This recommendation exceeded the disciplinary sanction that Judge Piontek suggested in his brief to the panel: a public reprimand. The panel’s recommendation more closely followed the sanction proposed by the Judicial Commission, which suggested discipline ranging from a reprimand to a short suspension.

We conclude that a five-day suspension is the appropriate discipline for Judge Piontek’s judicial misconduct.

Judge suspended from office

Concur:

Dissent:

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.