2008 WI 120
|
Supreme Court of |
|
|
|
|
Case No.: |
2007AP2546-D |
|
Complete Title: |
|
|
|
In the Matter of Disciplinary Proceedings Against Keith R. Hughes, Attorney at Law: Office of Lawyer Regulation, Complainant, v. Keith R. Hughes, Respondent. |
|
|
|
|
|
DISCIPLINARY PROCEEDINGS AGAINST HUGHES |
|
|
|
|
Opinion Filed: |
October 14, 2008 |
|
Submitted on Briefs: |
||
Oral Argument: |
||
|
|
|
Source of Appeal: |
|
|
|
Court: |
|
|
County: |
|
|
Judge: |
|
|
|
|
Justices: |
|
|
|
Concurred: |
|
|
Dissented: |
|
|
Not Participating: |
|
|
|
|
Attorneys: |
|
2008 WI 120
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 report of the referee
recommending that Attorney Keith R. Hughes' license to practice law in
¶2 On November 6, 2007, the Office of Lawyer Regulation (OLR) filed a single count disciplinary complaint alleging that Attorney Hughes' criminal conduct reflected adversely on his honesty, trustworthiness, or fitness as a lawyer in other respects, in violation of SCR 20:8.4(b).[1] Allan Beatty was appointed referee.
¶3 The violation arises out of the charge against Attorney Hughes for
the felony of conspiracy to commit offense or to defraud the
¶4 Attorney Hughes was admitted to practice law in
¶5 In December 2006 Attorney Hughes entered a plea agreement whereby
he agreed to plead guilty to conspiracy to commit offense or to defraud the
¶6 The plea agreement said that between November 2002 and November
2003, Attorney Hughes' creditors wrote off as bad debt or referred to collection
agencies approximately 28 of Attorney Hughes' credit card loans, resulting in
over $270,000 in principal debt plus additional unpaid fees and interest. The federal sentencing transcript indicates
that Attorney Hughes conspired with his girlfriend to use the proceeds of the
credit card loans, without repayment, to purchase a house in
¶7 After reviewing the federal sentencing transcript, the OLR recommended a three-year license suspension. Although the offense to which he pled was serious, the mitigating circumstances discussed at sentencing involved Attorney Hughes' immediate cooperation with authorities. In short, he cooperated fully in the investigation and successful prosecution of the co-conspirator and provided documentary evidence to corroborate his account of the scheme. The federal prosecutor observed that Attorney Hughes' assistance was significant, his testimony was truthful, and he had accepted responsibility. The prosecutor said that Attorney Hughes should be rewarded for the extraordinary steps he had taken to pay a significant amount of restitution after being charged and before sentencing.
¶8 The OLR and Attorney Hughes stipulated that a three-year suspension of Attorney Hughes' license to practice law in Wisconsin (effective September 11, 2007, the date of the summary suspension) would be appropriate. They stipulated that Attorney Hughes should be responsible for the cost of the disciplinary proceeding.
¶9 The stipulation states it is not the result of a plea bargain but reflects the OLR's measured consideration of information not available earlier. The stipulation also states that every averment of the disciplinary complaint is true and accurate, specifically that Attorney Hughes committed professional misconduct because his criminal conduct reflects adversely on his honesty, trustworthiness, or fitness as a lawyer in other respects, in violation of SCR 20:8.4(b).
¶10 Referee Beatty adopted the fact portion of the parties' stipulation
and concluded Attorney Hughes violated SCR 20:8.4(b), as alleged in count one
of the disciplinary complaint. The
referee recommends a three-year suspension of Attorney Hughes' license to
practice law in
¶11 We adopt the referee's findings and conclusions set forth in his report and accept his recommendation. Attorney Hughes' misconduct is a serious violation warranting license suspension. A three-year license suspension together with the imposition of the full cost of this proceeding is justified. This court takes into account the mitigating factors discussed in the federal sentencing transcript, which include Attorney Hughes' restitution attempts and his immediate and full cooperation with authorities.
¶12 A three-year suspension is commensurate with discipline imposed in
other cases. For example, this court
suspended Attorney Brian Burke's license for a period of two years, retroactive
to January 3, 2006, after disciplinary proceedings were instituted following
his conviction for misconduct in public office, a Class E felony, and
obstructing an officer, a Class A misdemeanor.
See In re Disciplinary Proceedings Against Burke, 2007 WI
46, ¶6, 300
¶13 IT IS ORDERED that the license of Keith R. Hughes to practice law
in
¶14 IT IS FURTHER ORDERED that to the extent he has not done so already, Keith R. Hughes shall comply with SCR 22.26 concerning the duties of a person whose license to practice law in Wisconsin has been suspended.
¶15 IT IS FURTHER ORDERED that within one year of the date of this
order Keith R. Hughes pay to the Office of Lawyer Regulation the cost of this
proceeding. If the cost of this
proceeding is not paid within the time specified and absent a showing to this
court of his inability to pay within that time, the license of Keith R. Hughes
to practice law in