Office of Lawyer Regulation v. Peter J. Kovac

370 Wis. 2d 388 (2016) · Supreme Court of Wisconsin · July 8, 2016 · No. 2015AP654-D

Summary

The Wisconsin Supreme Court reviewed a referee's recommendation in a disciplinary proceeding against attorney Peter J. Kovac. The court declared Kovac in default, found seven counts of professional misconduct, suspended his Wisconsin law license for 90 days, and ordered him to pay $1,824.83 in proceeding costs.

Holdings

  1. Kovac was properly declared in default because, despite being given opportunities to answer the complaint and present a defense, he failed to do so.
  2. The referee's findings that Kovac violated the cited Wisconsin Supreme Court Rules on all seven counts were adopted.
  3. A 90-day suspension of Kovac's Wisconsin law license was an appropriate sanction.
  4. Kovac was required to pay the full costs of the disciplinary proceeding, totaling $1,824.83 as of February 2, 2016.

Questions Presented

  1. Whether Kovac should be declared in default after failing to answer the disciplinary complaint and participate in the proceeding.
  2. Whether the referee's findings that Kovac committed all seven charged violations should be adopted.
  3. What sanction was appropriate for Kovac's professional misconduct in light of his prior public reprimands and pattern of noncooperation.
  4. Whether Kovac should be required to pay the full costs of the disciplinary proceeding.

Disposition

other

Cases Cited (6)

  • Public Reprimand of Peter J. Kovac, 2008-OLR-05(followed)
  • In re Disciplinary Proceedings Against Kovac, 2012 WI 117, 344 Wis. 2d 522, 823 N.W.2d 371(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 Widule, 2003 WI 34, ¶44, 261 Wis. 2d 45, 660 N.W.2d 686(followed)
  • In re Disciplinary Proceedings Against Brandt, 2012 WI 8, ¶21, 338 Wis. 2d 524, 808 N.W.2d 687(followed)
  • In re Disciplinary Proceedings Against Wood, 2014 WI 116, 358 Wis. 2d 472, 854 N.W.2d 844(followed by analogy)

Cited In (0)

No citing cases on record yet.

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