Attorney Disciplinary Hearing

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WI Supreme Court

Case Name: Office of Lawyer Regulation v. Donald J. Harman

Case No.: 2019 WI 108

Focus: Attorney Disciplinary Hearing

Attorney Donald J. Harman has appealed a report and recommendation filed by Referee Allan E. Beatty, concluding that Attorney Harman committed three counts of professional misconduct and recommending that his license to practice law in Wisconsin be suspended for six months. Rather than challenging the referee’s findings of fact or conclusions of law, Attorney Harman argues on appeal that the referee should have recused himself. Attorney Harman did not request a substitution of the referee pursuant to SCR 22.13(4). When he subsequently raised the issue of the referee’s participation, he refused to participate in a scheduled telephone conference at which the recusal issue would have been addressed. Based on these facts, we find that Attorney Harman waived his objection to the referee’s participation in this matter.

Upon careful review of this matter, we uphold the referee’s findings of fact and conclusions of law, and we agree that a six-month suspension of Attorney Harman’s Wisconsin law license is an appropriate sanction for the misconduct at issue. We further agree with the referee that, as a condition of the reinstatement of his license, Attorney Harmon should be required to satisfy a judgment entered against him. We also find it appropriate to follow our usual custom of imposing the full costs of this proceeding, which are $7,662.28 as of May 13, 2019, on Attorney Harman.

License suspended

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.