Disciplinary Proceedings against Radcliffe, 2008AP1791-D.

• Decision Date: 23 December 2008
• Docket Number: No. 2008AP1791-D.,2008AP1791-D.
• Citation: 758 N.W.2d 922,2008 WI 128
• Parties: In the Matter of DISCIPLINARY PROCEEDINGS AGAINST Gene B. RADCLIFFE, Attorney at Law: Office of Lawyer Regulation, Complainant, v. Gene B. Radcliffe, Respondent.
• Court: Wisconsin Supreme Court

758 N.W.2d 922

2008 WI 128

In the Matter of DISCIPLINARY PROCEEDINGS AGAINST Gene B. RADCLIFFE, Attorney at Law:

Office of Lawyer Regulation, Complainant, v. Gene B. Radcliffe, Respondent.

No. 2008AP1791-D.

Supreme Court of Wisconsin.

December 23, 2008.

¶ 1 PER CURIAM.

ATTORNEY disciplinary proceeding. Attorney's license suspended.

We review the stipulation filed pursuant to SCR 22.12¹ by the Office of Lawyer Regulation (OLR) and Attorney Gene B. Radcliffe. Attorney Radcliffe admits the misconduct alleged by the OLR and agrees to a 90-day suspension of his license to practice law in Wisconsin.

¶ 2 We adopt the stipulated facts and conclusions of law. We agree that Attorney Radcliffe's misconduct warrants the suspension of his license to practice law in Wisconsin for a period of 90 days. The OLR has stated that it does not seek to impose the costs of this proceeding upon Attorney Radcliffe and we accept that recommendation.

¶ 3 Attorney Radcliffe was admitted to the practice of law in Wisconsin in 1976. He received a private reprimand in 1981.

¶ 4 On July 22, 2008, the OLR filed a complaint against Attorney Radcliffe alleging one count of committing criminal conduct that reflected adversely on his honesty, trustworthiness or fitness as a lawyer in violation of SCR 20:8.4(b).² The criminal conduct at issue involved two separate incidents in Illinois and Wisconsin. Illinois police conducted a search of Attorney Radcliffe's vehicle and discovered marijuana, drug paraphernalia, and hydroponics supplies. Illinois authorities then contacted Wisconsin authorities who obtained a warrant to search Attorney Radcliffe's Wisconsin home. The Clark County, Wisconsin, sheriff's department discovered marijuana plants and supplies used to grow marijuana. On September 27, 2007 Attorney Radcliffe pled guilty in the Clark County circuit court case to one count of manufacturing a controlled substance, a Class H felony. Two related misdemeanor charges were dismissed on motion of the prosecutor.

¶ 5 At sentencing on December 19, 2007, Attorney Radcliffe expressed remorse for the hurt and damage he caused his family, friends, the community, and the legal profession. Attorney Radcliffe was sentenced to time served (28 days), three years probation with the possibility of early discharge, and 100 hours of community service. The court imposed other conditions as well, including suspension of his driver's license, drug treatment, and psychological counseling.

¶ 6 The stipulation, together with a memorandum in support of the stipulation, was filed with the court on August 14, 2008.

¶ 7 The memorandum provides that the parties did not engage in plea bargaining and that Attorney Radcliffe voluntarily stipulated to the charged misconduct, and that the parties agreed a 90-day suspension was appropriate discipline for the misconduct.

¶ 8 The memorandum discusses the proposed length of suspension in considerable detail, noting that attorney misconduct cases involving drugs have resulted in a wide array of dispositions. The memorandum cites cases imposing sanctions ranging from a...