By: Derek Hawkins//January 20, 2021//
WI Supreme Court
Case Name: Office of Lawyer Regulation v. Carl Robert Scholz
Case No.: 2020 WI 84
Focus: Attorney Disciplinary Hearing
This disciplinary matter comes to the court on Attorney Scholz’s appeal of a report and recommendation filed by Referee Kim M. Peterson. The referee concluded that Attorney Scholz committed ten counts of professional misconduct in connection with his representation of A.B., and recommended a one-year suspension of Attorney Scholz’s law license. Attorney Scholz challenges the recommended suspension; he argues that it is excessive in light of the totality of the facts and circumstances surrounding his representation of A.B. and he seeks a more lenient sanction.
When we review a referee’s report and recommendation in an attorney disciplinary case we affirm the referee’s findings of fact unless they are found to be clearly erroneous, and we review the referee’s conclusions of law on a de novo basis. In re Disciplinary Proceedings Against Inglimo, 2007 WI 126, ¶5, 305 Wis. 2d 71, 740 N.W.2d 125. We determine the appropriate level of discipline given the particular facts of each case, independent of the referee’s recommendation, but benefiting from it. In re Disciplinary Proceedings Against Widule, 2003 WI 34, ¶44, 261 Wis. 2d 45, 660 N.W.2d 686.
After reviewing this matter and considering Attorney Scholz’s appeal, we accept the referee’s factual findings and legal conclusions. However, we have determined that a two-year suspension, as originally sought by the Office of Lawyer Regulation (OLR), is appropriate. We reserve the question of restitution, pending receipt of supplemental briefing requested by separate order of this court, and we impose the costs of this proceeding on Attorney Scholz.
Attorney’s license suspended
Concur:
Dissent: