Office of Lawyer Regulation v. Downing (In re Disciplinary Proceedings Against Downing)

Decision Date30 September 2015
Docket NumberNo. 2013AP2235–D.,2013AP2235–D.
Citation869 N.W.2d 786,365 Wis.2d 1
PartiesIn the Matter of DISCIPLINARY PROCEEDINGS AGAINST Kristy Joi DOWNING, Attorney at Law. Office of Lawyer Regulation, Complainant–Respondent, v. Kristy Joi Downing, Respondent–Petitioner.
CourtWisconsin Supreme Court

ATTORNEY reinstatement proceeding. Reinstatement granted.

PER CURIAM.

¶ 1 We review a report filed by Referee James C. Boll, recommending that the court reinstate Kristy Joi Downing's license to practice law in Wisconsin to regular inactive status following a transfer to inactive status due to a medical incapacity. Upon careful review of the matter, we agree with the referee that Attorney Downing's license should be so reinstated. We also conclude that Attorney Downing should be required to pay the full costs of this proceeding, which are $1,429.78 as of July 20, 2015.

¶ 2 Attorney Downing was admitted to practice law in Michigan in 2004. She was admitted to practice law in Wisconsin in 2006.

¶ 3 On May 16, 2013, the State of Michigan Attorney Discipline Board ordered that Attorney Downing's Michigan law license be transferred to inactive status for an indefinite period of time due to a finding of incompetency entered by a Michigan judge. Attorney Downing failed to notify the Office of Lawyer Regulation (OLR) of the Michigan order within 20 days of the effective date.

¶ 4 On October 8, 2013, the OLR filed a complaint and motion seeking reciprocal discipline identical to that imposed by Michigan. On January 13, 2014, the OLR's motion to transfer Attorney Downing's Wisconsin law license to inactive status due to a medical incapacity under the reciprocal disciplinary provisions of Supreme Court Rule (SCR) 22.22 was granted. Attorney Downing's Wisconsin law license was transferred to inactive status due to a medical incapacity under the reciprocal disciplinary provision of Wisconsin Supreme Court rules in part based upon a March 28, 2013 medical report of Dr. Candyce Shields. Dr. Shields evaluated Attorney Downing on February 28, 2013, pursuant to a court order to evaluate her competency to stand trial. Dr. Shields' report concluded that Attorney Downing's current medical condition met the statutory criteria for a finding of incompetence as it related to her ability to proceed in the adjudicative process.

¶ 5 Attorney Downing began receiving treatment from Dr. Mauricio Cortina. Dr. Cortina issued a series of reports saying that Attorney Downing's mental status was stable and improving. On January 21, 2015, Dr. Cortina stated that he did not believe continued therapy or counseling was necessary for Attorney Downing to practice law.

¶ 6 Attorney Downing filed a petition for reinstatement to regular inactive status with the Wisconsin State Bar on June 27, 2014. The OLR asked that Attorney Downing's medical condition be independently evaluated. Attorney Downing was examined at the OLR's request by Dr. Norman Dwaihy. In a report dated December 29, 2014, Dr. Dwaihy stated, “it is my opinion that Ms. Downing is fully capacitated to practice law and recommend that she be fully reinstated to practice law in whatever jurisdiction she so chooses, in particular, the State of Wisconsin.”

¶ 7 The Michigan Attorney Discipline Board reinstated Attorney Downing to active status on January 17, 2014.

¶ 8 On February 26, 2015, the OLR filed a response to Attorney Downing's reinstatement petition, saying that the OLR's investigation revealed no information to refute the fact that Attorney Downing's medical incapacity had been removed and that she was fit to resume the practice of law.

¶ 9 The referee issued his report on ...

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