2010 WI 37
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In the Matter of
Petition/Notice of Voluntary Resignation from the State Bar of |
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Petition/Notice of Voluntary Resignation of
Robinson |
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Opinion Filed: |
May 18, 2010 |
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2010 WI 37
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Supreme Court of |
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Notice This order is subject to further editing and modification. The final version will appear in the bound volume of the official reports. |
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In the Matter of Petition/Notice of Voluntary
Resignation from the State Bar of |
FILED MAY 18, 2010 David R. Schanker Clerk of Supreme Court |
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The Court entered the following order on this date:
On December 16,
2009, Attorney Thomas A. Robinson filed a petition to voluntarily surrender his
Attorney Robinson
was licensed to practice law in
Effective October
11, 2006, the Supreme Court of Illinois suspended Attorney Robinson's license
to practice law for one year. On
February 6, 2007, Attorney Robinson's license to practice law in
In addition,
Attorney Robinson's license to practice law in
The OLR objects
to granting Attorney Robinson's petition for voluntary resignation while his
license is under a disciplinary suspension.
The OLR contends the petition for voluntary resignation is inconsistent
with a goal of lawyer regulation, which is to protect the public. See In re Disciplinary Proceedings
Against Snyder, 127
The OLR notes
that Attorney Robinson's status as listed on the State Bar of Wisconsin's
website provides public notice that his law license is suspended for
discipline. The OLR argues that if
Attorney Robinson were permitted to resign voluntarily, his name would be
removed from the State Bar's membership register. Consequently, the OLR says, the public notice
afforded by the State Bar listing would be unavailable to persons checking
Attorney Robinson's background, including admission authorities in other
jurisdictions, unless the inquirer would know where and how to obtain this
information.
The OLR points out
that Attorney Robinson's petition fails to disclose his disciplinary
suspension. The OLR argues that Attorney
Robinson could attempt readmission to the practice of law in this state without
meeting the requirements for reinstatement from his disciplinary
suspension.
Supreme court
rule 10.03(7) governs the voluntary resignation of state bar membership. It provides:
Voluntary
resignation of membership. If a member
of the state bar files with the executive director a written notice of the
member's surrender of his or her license to practice law and the acceptance by
the supreme court of his or her resignation in the state bar, the person shall
then cease to be a member of the state bar and his or her name shall be removed
from the membership register. Before
accepting a resignation, the supreme court shall request from the office of
lawyer regulation information concerning whether the attorney is the subject of
any pending grievances, investigations, or proceedings.
Supreme court
rule 10.03(7) does not require reinstatement of a suspended license as a
condition of voluntary resignation of bar membership. The OLR does not contend Attorney Robinson is
the subject of any pending grievance, investigation, or proceeding. While we agree with the OLR that voluntary
resignation is an inappropriate disposition of a pending disciplinary
proceeding, Snyder, 127 Wis. 2d 446, no disciplinary
proceeding against Attorney Robinson is now pending in this state.
Although Attorney
Robinson's license to practice law in
IT IS ORDERED
that Attorney Thomas A. Robinson's petition for voluntary resignation while
under a disciplinary suspension is granted.
IT IS FURTHER
ORDERED that this order be published in the Wisconsin Reports.