In the Matter of Disciplinary Proceedings Against Mark A. Sostarich, Attorney at Law

Summary

The Supreme Court of Wisconsin reviewed a referee's recommendation in a lawyer-discipline proceeding arising from Mark A. Sostarich's federal felony conviction. The court found that his conduct violated SCR 20:8.4(b) and imposed an 18-month suspension of his Wisconsin law license, retroactive to May 18, 2004, along with payment of proceeding costs.

Holdings

1. Sostarich committed professional misconduct because his criminal conduct resulting in a felony conviction reflected adversely on his honesty, trustworthiness, or fitness as a lawyer.
2. An 18-month suspension of Sostarich's Wisconsin law license was appropriate for the serious felony misconduct, notwithstanding mitigating circumstances.
3. The 18-month suspension was imposed retroactively to May 18, 2004, the date of Sostarich's summary suspension, and Sostarich was ordered to pay the costs of the disciplinary proceeding.

Questions Presented

1. Whether Sostarich's criminal conduct constituted professional misconduct under SCR 20:8.4(b).
2. What discipline was appropriate for Sostarich's misconduct.
3. Whether the suspension should be retroactive to the date of his summary suspension and whether he should be ordered to pay the proceeding costs.

Disposition

other