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Case No.: |
01-0217-D |
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Complete Title: |
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In the
Matter of Medical Incapacity Proceedings Against John F. Kerscher: Office
of Lawyer Regulation, Complainant, v. John
F. Kerscher, Respondent. |
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REINSTATEMENT OF KERSCHER |
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Opinion Filed: |
February 24, 2004 |
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Submitted on Briefs: |
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Oral Argument: |
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Source of Appeal: |
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Court: |
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County: |
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Judge: |
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Justices: |
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Concurred: |
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Dissented: |
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Not Participating: |
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Attorneys: |
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2004 WI 11
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Supreme
Court of Wisconsin |
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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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The Court entered the following AMENDED order on
this date:
On March 9, 2001,
this court granted Attorney John F. Kerscher's request pursuant to SCR
22.34(11) that his license to practice law in this state be suspended
indefinitely due to his medical incapacity—alcoholism. He has now filed a petition for
reinstatement of his license and asserts that his medical incapacity has been
removed. After a public hearing, the
referee appointed in this matter, Attorney Lance S. Grady, concluded that based
on the unchallenged and undisputed evidence, Kerscher's medical incapacity has
been removed and his alcoholism is now under control and that he has maintained
absolute sobriety for more than two years.
In a supplemental report, Referee Grady "strongly" recommends
that Kerscher's petition for reinstatement be granted upon certain conditions. The OLR also supports reinstatement as does
the Board of Bar Examiners upon Kerscher's compliance with current CLE
requirements.
Upon the
referee's findings, report and recommendation which we now accept, and based on
our review of the entire record,
IT IS ORDERED
that John F. Kerscher's license to practice law in this state be reinstated
effective the date of this order, upon the conditions that for the next five
years:
A. John F. Kerscher must provide full medical and information release forms to the OLR as requested;
B. John F. Kerscher must maintain absolute sobriety, with monitoring, at the full discretion of the OLR to include random breathalyzer and/urine checks through his probation agent, healthcare providers, or the OLR upon the OLR's request;
C. John F. Kerscher must submit quarterly psychiatric reports to the OLR and demonstrate compliance with any medication regimen as prescribed by his healthcare provider; and
D. John F. Kerscher must regularly meet with a monitor selected by the OLR whose responsibility will be to report to the OLR on Kerscher's continuing sobriety and his management of his law practice.
IT IS FURTHER
ORDERED that John F. Kerscher must comply with the current CLE requirements as
outlined by the Board of Bar Examiners' memorandum in support of his petition
for reinstatement.
IT IS FURTHER
ORDERED that within six months of the date of this order John F. Kerscher must
pay to the OLR the costs of these reinstatement proceedings in the amount of
$6,930.94 as detailed in the OLR statement of costs. If such costs are not paid within the time specified, and absent
a showing to this court of his inability to pay the costs within that time, the
license of John F. Kerscher to practice law in Wisconsin shall be suspended
until further order of this court.
Cornelia
G. Clark
Clerk
of Supreme Court