Office of Lawyer Regulation v. Fisher (In re Fisher)
| Decision Date | 19 April 2022 |
| Docket Number | 2021AP1996-D |
| Citation | 401 Wis.2d 340,972 N.W.2d 628,2022 WI 20 |
| Parties | In the MATTER OF DISCIPLINARY PROCEEDINGS AGAINST Scott D. FISHER, Attorney at Law: Office of Lawyer Regulation, Complainant, v. Scott D. Fisher, Respondent. |
| Court | Wisconsin Supreme Court |
ATTORNEY disciplinary proceeding. Attorney's license suspended.
¶1 The Office of Lawyer Regulation (OLR) and Attorney Scott D. Fisher have filed a stipulation pursuant to Supreme Court Rule (SCR) 22.12 that Attorney Fisher's license to practice law in Wisconsin should be suspended for one year, as discipline reciprocal to that imposed by the Supreme Court of Iowa. After reviewing the matter, we approve the stipulation and impose the stipulated reciprocal discipline. Given the comprehensive stipulation, which avoided the need to litigate this matter and to appoint a referee, we impose no costs in this proceeding.
¶2 Attorney Fisher was admitted to practice law in Wisconsin in 2005. His Wisconsin law license is currently in good standing, but inactive. He was admitted to practice law in Iowa in 2007.
¶3 The OLR filed a complaint in this matter on November 17, 2021. The complaint alleged two counts of professional misconduct: (1) that by virtue of an October 15, 2021, one-year suspension of Attorney Fisher's Iowa law license by the Supreme Court of Iowa, Attorney Fisher was subject to reciprocal discipline in this state, pursuant to SCR 22.22(3), and (2) that Attorney Fisher failed to notify the OLR of the Iowa suspension within the required time, in violation of SCR 22.22(1).
¶4 On February 3, 2022, the OLR and Attorney Fisher filed a stipulation in which Attorney Fisher stipulated to the two counts set forth in the OLR's complaint. The OLR filed a memorandum in support of the stipulation.
¶5 The parties assert that the stipulation was not the result of plea bargaining. In the stipulation, Attorney Fisher states that he does not contest the factual assertions and misconduct charges alleged by the OLR, nor does he contest the discipline requested by the OLR, namely a one-year suspension of his license to practice law in Wisconsin. He represents that he fully understands the allegations of misconduct alleged by the OLR; that he understands the ramifications of the stipulated level of discipline; that he understands his right to contest the allegations of misconduct and his right to consult counsel regarding those allegations; and that he entered into the stipulation knowingly and voluntarily.
¶6 In reciprocal discipline matters, SCR 22.22 mandates that this court impose discipline identical to that imposed by the other jurisdiction, unless one or more of three exceptions apply. Attorney Fisher does not claim that any exception in SCR 22.22(3) applies to this matter.
¶7 The misconduct that resulted in the Supreme Court of Iowa suspending Attorney Fisher's law license...
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