Summary
The Wisconsin Supreme Court denied Nancy A. Schlieve's petition for reinstatement of her license to practice law after an indefinite suspension for medical incapacity. The court held that she failed to prove by clear, satisfactory, and convincing evidence that she was fit to resume practice under SCR 22.36(6), and it imposed $20,367.49 in proceeding costs. Justice Abrahamson dissented and would have granted reinstatement subject to conditions.
Holdings
- An attorney seeking reinstatement after suspension for medical incapacity must prove by clear, satisfactory, and convincing evidence both that the medical incapacity has been removed and that the attorney is fit to resume the practice of law. Schlieve failed to meet that burden, so reinstatement was denied.
- The court adopts the referee's factual findings unless they are clearly erroneous and reviews the referee's legal conclusions de novo.
- The court imposed the full costs of the reinstatement proceeding, including Office of Lawyer Regulation counsel fees, on Schlieve.
Questions Presented
- Whether Schlieve proved by clear, satisfactory, and convincing evidence that her medical incapacity had been removed and that she was fit to resume the practice of law under SCR 22.36(6).
- Whether the court should impose the costs of the reinstatement proceeding, including Office of Lawyer Regulation counsel fees, on Schlieve.
Disposition
other
Cases Cited (5)
- In re Medical Incapacity Proceeding Against Schlieve, Case No. 96-3390-D, 212 Wis. 2d 693, 569 N.W.2d 593 (Table) (1997)(followed)
- In re Medical Incapacity Proceedings Against Schlieve, 221 Wis. 2d 610, 585 N.W.2d 585 (1998)(followed)
- In re Medical Incapacity Proceedings Against Schlieve, 2010 WI 22, 323 Wis. 2d 654, 780 N.W.2d 516(followed)
- In re Disciplinary Proceedings Against Eisenberg, 2004 WI 14, ¶5, 269 Wis. 2d 43, 675 N.W.2d 747(followed)
- In Re Disciplinary Proceedings Against Linehan, 2015 WI 82(distinguished)
Cited In (0)
No citing cases on record yet.
Court Document
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