Minnesota lawyer with lengthy disciplinary history has Wisconsin law license reinstated

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A Minnesota lawyer with a lengthy disciplinary history had his Wisconsin law license reinstated.

The Wisconsin Supreme Court announced its decision to reinstate Scott E. Selmer’s license with conditions on Wednesday.

Selmer, who’s licensed in Wisconsin and Minnesota, has been disciplined in both states. In Wisconsin, he received a private reprimand in 1990, a public reprimand in 1995, a one-year suspension in 1999, a public reprimand in 2009 and a one-year suspension in 2016.

The 2016 suspension was reciprocal discipline for misconduct in Minnesota. The Minnesota Supreme Court said Selmer failed to follow court orders, refused to comply with discover requests and engaged in harassing and frivolous litigation.

Selmer filed a petition for reinstatement of his Wisconsin license in April. The OLR said it wouldn’t oppose his reinstatement but recommended conditions, including entering a payment plan for outstanding costs and mentoring by another attorney.

A referee agreed with the OLR, finding that Selmer had complied with the terms of his suspension and intended to pay his costs. The referee said Selmer had been living in Minnesota primarily over the past few years, working part-time jobs outside of the legal profession and going to school.

According to the Supreme Court’s opinion, Selmer testified that he had a hard time finding a job because of his prior misconduct. The referee said Selmer indicated that if reinstated, he would avoid future situations that could run afoul of ethical rules and seek advice from other attorneys.

The opinion said Selmer “expressed strong reservations” about the condition of supervision by a mentor and asked if it was influenced by racial bias. The referee found that nothing in the proceeding suggested that the recommendation was racially motivated. He said Selmer’s prior disciplinary history supported the requirement.

The state Supreme Court agreed and ordered Selmer to identify an attorney to mentor him and oversee his practice for 18 months. The mentor will have to provide written, quarterly reports to the OLR throughout duration of the condition.

“We agree that Attorney Selmer’s disciplinary record supports the OLR’s request and the referee’s recommendation that a payment plan should be required and that an attorney should be appointed to mentor Attorney Selmer during his transition back to the practice of law, to ensure protection of the public and to aid the administration of justice,” the opinion said.

The state Supreme Court also ordered Selmer to enter into a written agreement with the OLR to repay the costs of his prior disciplinary hearings and the reinstatement hearing if applicable. The opinion said the assignment of costs for the reinstatement hearing is pending the receipt of additional information and will be resolved by a separate order.

The administrative suspension of Selmer’s Wisconsin law license will remain in effect until he resolves each issue. The opinion listed failure to pay mandatory bar dues, failure to file an Office of Lawyer Regulation trust-account certification and noncompliance with continuing legal education requirements as reasons for the administrative suspension. Follow @WLJReporter