Summary
The Wisconsin Supreme Court reviewed an amended stipulation and referee's supplemental report in a lawyer disciplinary proceeding against Michele A. Tjader. The court publicly reprimanded Tjader for stipulated violations involving advance-fee notices and refunds, ordered her to submit any fee disputes to binding arbitration, and assessed $3,298.19 in costs. Justice Ann Walsh Bradley dissented, joined by Justice Abrahamson, and Justice Dallet did not participate.
Holdings
- The court adopted the referee's findings because no showing established that the findings, which were based on the parties' amended stipulation, were clearly erroneous, and concluded that Tjader violated the identified supreme court rules.
- Dismissal of counts 1, 6, and 7 of the OLR complaint was appropriate.
- A public reprimand was an appropriate sanction for Tjader's six established violations despite her prior disciplinary history.
- Restitution was not required in this disciplinary proceeding.
- Tjader was required to pay $3,298.19 in proceeding costs and submit any fee dispute pursued by the grievants to binding fee arbitration.
Questions Presented
- Whether the referee's stipulated findings of misconduct should be adopted.
- Whether dismissal of three counts of the OLR complaint was appropriate.
- What level of professional discipline was appropriate for the established misconduct.
- Whether restitution should be ordered.
- Whether Tjader should be required to pay the full costs of the disciplinary proceeding.
Disposition
other
Cases Cited (9)
- In re Disciplinary Proceedings Against Tjader, 2002 WI 37, 252 Wis. 2d 94, 643 N.W.2d 87(followed as prior disciplinary history)
- 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 Nussberger, 2006 WI 111, 296 Wis. 2d 47, 719 N.W.2d 501(followed)
- In re Disciplinary Proceedings Against Rajek, 2015 WI 18, 361 Wis. 2d 60, 859 N.W.2d 439(followed)
- In re Disciplinary Proceedings Against Shepherd, 2017 WI 66, 376 Wis. 2d 129, 897 N.W.2d 44(followed by analogy)
- In re Disciplinary Proceedings Against Smead, 2013 WI 19, 345 Wis. 2d 625, 827 N.W.2d 81(followed by analogy)
- Matter of Medical Incapacity Proceedings Against Muwonge, 2017 WI 12, 373 Wis. 2d 173, 890 N.W.2d 575(followed by analogy)
- In re Disciplinary Proceedings Against Horsch, 2017 WI 105, 378 Wis. 2d 554, 905 N.W.2d 129(cited in dissent)
Cited In (0)
No citing cases on record yet.
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