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Case No.: |
97-1770-D |
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Complete Title: |
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In the
Matter of Disciplinary Proceedings Against
Mary P. Donovan, Attorney at Law. Office
of Lawyer Regulation, f/k/a Board of
Attorneys Professional Responsibility, Complainant, v. Mary
P. Donovan, Respondent. |
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REINSTATEMENT OF DONOVAN |
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Opinion Filed: |
March 4, 2004 |
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2004 WI 21
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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 order on this date:
Mary P. Donovan’s
license to practice law in Wisconsin was suspended for six months as the result
of professional misconduct that occurred while she was acting as an assistant
city attorney for the City of Beloit.
The misconduct consisted of her forging a certificate of completion of a
deferred prosecution program and submitting it to the municipal court to obtain
dismissal of charges against an acquaintance who had not been enrolled in the
program and forging a friend’s signature on a letter submitted to the municipal
court requesting a jury trial and representing the city on a charge against
that friend. See Disciplinary
Proceedings Against Donovan, 211 Wis. 2d 451, 464 N.W.2d 772 (1997).
Ms. Donovan filed
a petition for reinstatement of her license to practice law on June 27,
2003. John Schweitzer was appointed as
referee. A public hearing on Ms.
Donovan’s petition for reinstatement was held on December 17, 2003. The referee filed his report on January 2,
2004 recommending that Ms. Donovan’s license to practice law be
reinstated. The referee’s report stated
that Ms. Donovan satisfactorily answered and addressed all issues listed in SCR
22.29, which sets forth the various factors that must be demonstrated by a
person seeking reinstatement. The
referee noted that no evidence was presented at the public hearing to cast
doubt on Ms. Donovan’s present qualifications to practice law. The referee found that Ms. Donovan had
complied with the requirements of SCR 22.26 regarding the activities of a
person whose license has been suspended, and the referee concluded Ms. Donovan
may safely be recommended to return to the practice of law.
The referee
specifically found that Ms. Donovan maintained competence and learning in the
law by attending various educational activities. The referee noted that a letter from the Board of Bar Examiners
confirmed that Ms. Donovan had completed the necessary number of continuing
legal education (CLE) hours, including ethics credits, and that she is current
in her CLE obligations through December 31, 2004.
The referee found
that Ms. Donovan’s conduct since her suspension has been exemplary and above
reproach; that she has a proper understanding of and attitude toward the
standards that are imposed upon members of the bar; and that she can safely be
recommended to the legal profession, the court and the public as a person fit
to be consulted by others and to represent them and otherwise act in matters of
trust and confidence and in general to aid in the administration of justice as
a member of the bar and an officer of the courts.
The referee also
recommended that Ms. Donovan be required to pay the costs of the reinstatement
proceeding within six months after her reinstatement.
This court
accepts the referee’s findings of fact, conclusions of law, and
recommendation.
IT IS ORDERED
that the license to practice law of Mary P. Donovan be reinstated effective the
date of this order.
IT IS FURTHER
ORDERED that within six months of the date of this order Mary P. Donovan pay
the costs of this proceeding. If the
costs are not paid by that date, and absent a showing to this court of her
inability to pay the costs, the license of Mary P. Donovan to practice law in
Wisconsin shall be suspended until further order of this court.
Cornelia G. Clark
Clerk of Supreme Court