2012
WI 122
|
|
Supreme Court of Wisconsin |
|
|
|
|
|
|
Case No.: |
2012AP1777-D |
|
|
Complete Title: |
In the Matter of Disciplinary Proceedings
Against Naomi E. Soldon, Attorney at Law: Office of Lawyer Regulation, Naomi E. Soldon, Respondent. |
|
|
|
|
|
|
|
DISCIPLINARY PROCEEDINGS AGAINST SOLDON |
|
|
|
|
|
|
Opinion Filed: |
December 7, 2012 |
|
|
Submitted on Briefs: |
|
|
|
Oral Argument: |
|
|
|
|
|
|
|
Source of Appeal: |
|
|
|
|
Court: |
|
|
|
County: |
|
|
|
Judge: |
|
|
|
|
|
|
Justices: |
|
|
|
|
Concurred: |
|
|
|
Dissented: |
|
|
|
Not Participating: |
|
|
|
|
|
|
Attorneys: |
|
|
notice
This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports.
ATTORNEY disciplinary proceeding. Attorney's license suspended.
¶1 PER
CURIAM. We review the stipulation filed by the Office of
Lawyer Regulation (OLR) and Attorney Naomi E. Soldon. The OLR and Attorney Soldon stipulate that
Attorney Soldon committed professional misconduct and that she should be
suspended for her misconduct. The OLR is
not seeking costs or restitution. Upon
careful consideration, we adopt the stipulated facts and retroactively suspend
Attorney Soldon's license to practice law for a period of six months,
commencing October 16, 2010.
¶2 Attorney
Soldon was admitted to the State Bar of Wisconsin on August 6, 1990. On April 16, 2010, we suspended Attorney Soldon's
law license for six months for professional misconduct involving committing
criminal acts of theft and fleeing and eluding an officer; failing to report
convictions to the OLR within five days; and failing to cooperate with the OLR's
investigation. Attorney Soldon
stipulated to these violations and to the discipline. In re Disciplinary Proceedings Against
Soldon, 2010 WI 27, 324 Wis. 2d 4, 782 N.W.2d 81.[1]
¶3 On
August 9, 2012, the OLR filed a complaint alleging that Attorney Soldon engaged
in three counts of misconduct as a result of three separate incidents of
criminal misconduct.
¶4 First,
on September 21, 2007, Attorney Soldon left an Illinois department store with
$958.40 in unpaid merchandise. A warrant
issued and she was eventually arrested in October 2009 in Illinois. She was then convicted of felony retail theft
on October 20, 2011. State of
Illinois v. Soldon, Kane County Case No. 07-CF-2926.
¶5 Second,
on February 7, 2009, Attorney Soldon stole several video games from a
department store in Grafton, Wisconsin. Attorney Soldon was arrested and charged with
misdemeanor retail theft as a repeater. See
State v. Soldon, Ozaukee County Case No. 09CM255. On October 6, 2010, she pled guilty and was
convicted of that charge.
¶6 Third,
on October 23, 2009, Attorney Soldon stole a candy bar from a store in Madison,
Wisconsin. On October 26, 2009, City of Madison
police issued a municipal citation to Attorney Soldon for her theft. On January 22, 2010, Attorney Soldon was found
guilty and fined $177.
¶7 The
OLR's complaint alleged Attorney Soldon's three incidents of criminal
misconduct violated the Rules of Professional Conduct for Attorneys, SCR Ch.
20, as follows: (1) by engaging in
conduct leading to a criminal conviction on one count of felony retail theft in
State of Illinois v. Soldon, Kane County Case No. 07-CF-2926, Attorney Soldon
violated SCR 20:8.4(b);[2]
(2) by engaging in conduct leading to a criminal conviction on one count of
misdemeanor retail theft as a repeater in State v. Soldon, Ozaukee
County Case No. 09CM255, Attorney Soldon violated SCR 20:8.4(b); and (3) by
engaging in conduct leading to her conviction for retail theft, Attorney Soldon
violated SCR 20:8.4(c).[3]
¶8 On
September 26, 2012, the OLR and Attorney Soldon filed a stipulation whereby
Attorney Soldon stipulated to the allegations in the OLR's complaint and to
their recommended discipline. The
stipulation states that Attorney Soldon fully understands the misconduct
allegations and the ramifications should the court impose the stipulated level
of discipline. The stipulation also
provides that Attorney Soldon understands her right to contest the matter and
understands her right to consult with counsel, that she was represented by
counsel, and that her entry into the stipulation was made knowingly and
voluntarily and without the benefit of any negotiations for a reduction in
either charges or sanctions.
¶9 The
OLR filed a memorandum in support of the stipulation explaining that in
recommending a six-month suspension, the OLR director considered the ABA
Standards for Imposing Lawyer Sanctions and the particular circumstances of
this case. The OLR's memorandum
identified as aggravating factors Attorney Soldon's prior discipline, her
pattern of misconduct, theft indicating selfish motivation, multiple offenses,
and substantial experience as an attorney.
ABA Standards § 9.2(a)-(d), (i).
In mitigation, the OLR considered Attorney Soldon's gambling and drug
problems, the fact that she self-reported the criminal charges and was
cooperative throughout the process, and the fact she has sought and received
appropriate treatment and exhibited remorse.
¶10 There
is precedent supporting the recommended discipline. The OLR cites In re Disciplinary
Proceedings Against Cahill, 219 Wis. 2d 330, 579 N.W.2d 231
(1998), where the court imposed a six-month suspension for multiple
theft-related crimes (defrauding an innkeeper, issuing worthless checks).
¶11 The
OLR and Attorney Soldon agree that the sanction should be imposed
retroactively. The court will impose a
sanction retroactively when "misconduct occurred prior to the [earlier]
disciplinary proceeding and [the attorney's] license has remained suspended
well beyond the period of suspension previously imposed." In re Disciplinary Proceedings Against and Reinstatement
of Mandelman, 182 Wis. 2d 583, 592, 514 N.W.2d 11 (1994); see
also In re Disciplinary Proceedings Against Gilbert, 2004 WI 144,
276 Wis. 2d 395, 689 N.W.2d 50; In re Disciplinary
Proceedings Against Edgar, 2003 WI 49, ¶13, 261 Wis. 2d 413, 661 N.W.2d 817
(when "the violations . . . occurred at the same time
as the violations that gave rise to the previous disciplinary matter" a
retroactive sanction may be appropriate).
¶12 Attorney
Soldon's earlier misconduct was of a similar nature and also occurred in 2007
and 2008. Soldon, 324 Wis. 2d 4,
¶3. Her original six-month suspension
was scheduled to end on October 16, 2010. Attorney Soldon's acts giving rise to this
proceeding occurred in 2007 and 2009, with convictions in 2010 and 2011. Attorney Soldon delayed seeking reinstatement
in part because she sought treatment for her alcohol and gambling problems and
has completed a drug court program. Consequently,
she has remained suspended for longer than the court's 2010 decision required.
¶13 After
careful review of the matter, we adopt the stipulated facts and find it
appropriate to suspend Attorney Soldon's license for a period of six months,
consecutive to her April 16, 2010 suspension.
Because Attorney Soldon entered into a comprehensive stipulation under
SCR 22.12, thereby obviating the need for the appointment of a referee and a
full disciplinary proceeding, we do not impose costs in this matter.
¶14 IT
IS ORDERED that the license of Naomi E. Soldon to practice law in Wisconsin
shall be suspended for six months, effective October 16, 2010.
¶15 IT IS FURTHER ORDERED that to the extent she has not already done so, Naomi E. Soldon shall comply with the provisions of SCR 22.26 concerning the duties of a person whose license to practice law in Wisconsin has been suspended.
[1] In 2012 Attorney Soldon filed a petition seeking to reinstate her law license. However, that petition has been held in abeyance pending resolution of the matters charged in the pending disciplinary complaint.
[2] SCR 20:8.4(b) states it is professional misconduct for a lawyer to "commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects; . . . ."
[3] SCR 20:8.4(c) states it is professional misconduct for a lawyer to "engage in conduct involving dishonesty, fraud, deceit or misrepresentation; . . . ."