Summary
The Wisconsin Supreme Court reviewed a disciplinary proceeding against James M. Schoenecker based on stipulated misconduct involving misuse of GameMaster, LLC funds and personal expenses charged to the company. The court found a violation of SCR 20:8.4(c) and imposed a prospective one-year suspension of Schoenecker's Wisconsin law license. The court also ordered him to pay one-half of the Office of Lawyer Regulation's costs, totaling $4,250.30.
Holdings
- The referee's findings of fact were supported by satisfactory and convincing evidence and were not clearly erroneous, and Schoenecker violated SCR 20:8.4(c) by repeatedly misusing GameMaster, LLC funds in a manner involving deceit and misrepresentation.
- A one-year suspension of Schoenecker's Wisconsin law license was appropriate.
- The one-year suspension should be prospective and effective on the date of the order, rather than retroactive to the filing of the complaint or the end of Schoenecker's prior suspension.
- Schoenecker was ordered to pay one-half of the Office of Lawyer Regulation's $8,500.59 in costs, totaling $4,250.30.
Questions Presented
- Whether the referee's findings of fact and conclusion that Schoenecker violated SCR 20:8.4(c) were supported by the record.
- Whether a one-year suspension was an appropriate sanction for Schoenecker's repeated dishonest misuse of limited-liability-company funds.
- Whether the suspension should be imposed retroactively or prospectively.
- Whether Schoenecker should be ordered to pay one-half of the Office of Lawyer Regulation's costs.
Disposition
other
Cases Cited (8)
- In re Disciplinary Proceedings Against Schoenecker, 2011 WI 76, 336 Wis. 2d 253, 804 N.W.2d 686(applied)
- In re Disciplinary Proceedings Against Eisenberg, 2004 WI 14, 269 Wis. 2d 43, 675 N.W.2d 747(followed)
- In re Disciplinary Proceedings Against Widule, 2003 WI 34, 261 Wis. 2d 45, 660 N.W.2d 686(followed)
- In re Disciplinary Proceedings Against Cotter, 213 Wis. 2d 196, 570 N.W.2d 248 (1997)(applied)
- In re Disciplinary Proceedings Against Cotter, 171 Wis. 2d 373, 491 N.W.2d 475 (1992)(discussed)
- In re Disciplinary Proceedings Against Boyd, 2009 WI 59, 318 Wis. 2d 281, 767 N.W.2d 226(followed)
- In re Disciplinary Proceedings Against Cooper, 2013 WI 55, 348 Wis. 2d 266, 833 N.W.2d 88(distinguished)
- In re Disciplinary Proceedings Against and Reinstatement of Mandelman, 182 Wis. 2d 583, 514 N.W.2d 11 (1994)(distinguished)
Cited In (0)
No citing cases on record yet.
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