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Case No.: |
04-1763-D |
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Complete Title: |
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In the
Matter of Disciplinary Proceedings Against
James A. Maloney, Attorney at Law: Office
of Lawyer Regulation, Complainant, v. James
A. Maloney, Respondent. |
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DISCIPLINARY PROCEEDINGS AGAINST MALONEY |
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Opinion Filed: |
September 1, 2004 |
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Not Participating: |
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2004 WI 122
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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:
On July 1, 2004,
the Office of Lawyer Regulation (OLR) filed a disciplinary complaint against
Attorney James A. Maloney asking this court to impose reciprocal discipline
identical to that imposed on him by the Illinois Supreme Court. That court struck Attorney Maloney’s name
from the Roll of Attorneys in that state based upon his disbarment by consent. On July 6, 2004, this court issued an order
to show cause directing Attorney Maloney to show cause in writing by August 1,
2004 why the imposition of the identical discipline imposed by the Illinois
Supreme Court would be unwarranted.
Attorney Maloney responded with a petition for consensual license revocation
under SCR 22.19 stating that he cannot successfully defend against the
allegation that reciprocal, identical discipline should be imposed.
Attorney Maloney
was admitted to practice law in Wisconsin and Illinois in 1992. In 2002, his Wisconsin law license was
suspended for failure to pay annual State Bar dues. In 2003, his Wisconsin law license was suspended for failing to
comply with continuing legal education requirements and remains suspended at
this time.
The disbarment in
Illinois resulted from misconduct involving: (1) the conversion of
approximately $39,000 in client funds; (2) the neglect of various client
matters which included in one instance the submission to the client of a
fraudulent court order to conceal his inaction; (3) the failure to refund to a
client $500 in unearned fees; and (4) a conflict of interest with a client with
whom he used cocaine and engaged in a sexual relationship. Pursuant to OLR’s complaint, Attorney
Maloney also failed to notify it of his Illinois disbarment within 20 days of
its effective date in violation of SCR 22.22(1).
SCR 22.22(3)
provides that this court shall impose the identical discipline imposed by
another state unless the procedure in the other jurisdiction was so lacking in
notice or opportunity to be heard as to constitute a due process violation;
there was such an infirmity of proof establishing the misconduct that this
court should not accept as final the misconduct findings; or the misconduct
justifies substantially different discipline here. Neither OLR nor Attorney Maloney contend, nor does this court
find, that any of these three exceptions exist. In fact, Attorney Maloney’s petition for consensual license revocation
in response indicates that he has no successful defense to reciprocal discipline.
Accordingly,
IT IS ORDERED
that the petition for consensual license revocation, based on the complaint of
OLR for reciprocal discipline, is granted;
IT IS FURTHER
ORDERED that the license of James A. Maloney to practice law in the State of
Wisconsin is revoked, effective the date of this order;
IT IS FURTHER
ORDERED that this revocation does not affect the existing suspensions for
failure to pay dues to the State Bar of Wisconsin or failure to comply with CLE
requirements which would also have to be satisfied in order for his license to
practice law in Wisconsin to be reinstated; and
IT IS FURTHER
ORDERED that he shall comply, if he has not already done so, with the
requirements of SCR 22.26 pertaining to activities following revocation.