Office of Lawyer Regulation v. Blomme (In re Blomme)
| Decision Date | 25 November 2022 |
| Docket Number | 2022AP998-D |
| Citation | 2022 WI 80 |
| Parties | In the Matter of Disciplinary Proceedings Against Brett R. Blomme, Attorney at Law: v. Brett R. Blomme, Respondent. Office of Lawyer Regulation, Complainant, |
| Court | Wisconsin Supreme Court |
Attorney disciplinary proceeding. Attorney's license revoked.
JUSTICES: Per Curiam. ZIEGLER, C.J., filed a concurring opinion, in which REBECCA GRASSL BRADLEY, HAGEDORN, and KAROFSKY, JJ., joined. ROGGENSACK, J., filed a concurring opinion in which REBECCA GRASSL BRADLEY and KAROFSKY, JJ joined.
¶1 Attorney Brett R. Blomme has filed a petition for the consensual revocation of his license to practice law in Wisconsin pursuant to Supreme Court Rule (SCR) 22.19. Attorney Blomme's petition states that he cannot successfully defend against an Office of Lawyer Regulation (OLR) investigation of professional misconduct related to his conviction, entered following a guilty plea, of two federal felonies; namely, two counts of distribution of child pornography in violation of 18 U.S.C. §§ 2252(a)(2). Attorney Blomme's petition attaches the OLR's summary of misconduct being investigated. The OLR's misconduct summary attaches a number of documents, including a copy of Attorney Blomme's federal sentencing transcript.
¶2 Attorney Blomme was admitted to the practice of law in Wisconsin in 2010. He has not previously been the subject of professional discipline. However, his law license is currently administratively suspended for failure to pay state bar dues and failure to comply with trust account certification requirements. The OLR also sought and obtained a summary suspension of Attorney Blomme's law license in early 2022, as described in more detail below.
¶3 According to information obtained from the court's file of the proceedings in this matter, the CCAP and WSCCA websites,[1] and the materials attached to the OLR's misconduct summary, in March 2021, the State filed a criminal complaint against Attorney Blomme alleging that he possessed child pornography during a time period in which he served as a judge in the Children's Division of Milwaukee County Circuit Court ("Children's Court"). On the same day the State filed the criminal complaint, this court issued an order temporarily prohibiting Attorney Blomme from exercising the powers of a circuit court judge and temporarily withholding his judicial salary, effective the date of the order and until further order of the court. See Wis. Const. art. VII, § 3(1) (conferring this court with superintending and administrative authority over all courts in the state).
¶4 In May 2021, Attorney Blomme was charged in federal court with two counts of distributing child pornography. He later pled guilty to both counts. In December 2021, Attorney Blomme was convicted and sentenced in federal court to 108 months in prison on each count, to be served concurrently, followed by 20 years of supervised release. According to CCAP records shortly after Attorney Blomme's federal conviction and sentencing, the state charges against Attorney Blomme were dismissed.
¶5 In January 2022, the OLR moved under SCR 22.20 for a summary suspension of Attorney Blomme's Wisconsin law license based on his federal conviction. On February 16, 2022, this court granted the motion and suspended Attorney Blomme's law license until further order of the court. In May 2022, this court found good cause to continue this summary suspension. See SCR 22.20(6) (). Attorney Blomme's law license remains suspended.
¶6 According to the OLR's misconduct summary, the OLR has concluded that Attorney Blomme's conduct leading to his federal conviction for distributing child pornography violated SCR 20:8.4(b). See id. ().
¶7 In his petition for consensual revocation, Attorney Blomme asserts that he is seeking the consensual revocation of his license freely, voluntarily, and knowingly. He states that he cannot successfully defend himself against the allegations of misconduct set forth above and more fully described in the OLR's summary. He understands that he is giving up his right to contest the allegations referenced in the OLR's misconduct summary. He acknowledges that if the court grants the petition and revokes his license, he will be subject to the requirements of SCR 22.26 and, should he ever wish to seek the reinstatement of his license, the reinstatement procedure set forth in SCRs 22.29-22.33. He acknowledges that he is represented by counsel in this disciplinary matter.
¶8 The OLR has filed a recommendation on Attorney Blomme's petition for consensual license revocation. The OLR notes that Attorney Blomme was serving as a Milwaukee County Children's Court judge at the time of the misconduct; that his crimes were "extraordinarily serious, by their nature and by virtue of the position Blomme held"; and that "his misconduct brought tremendous disrepute to the legal profession and the courts." The OLR states that revocation is warranted and necessary.
¶9 Having reviewed Attorney Blomme's petition for consensual revocation, the OLR's misconduct summary, and the OLR's recommendation on Attorney Blomme's petition, we accept Attorney Blomme's petition for the consensual revocation of his Wisconsin law license. We note that, according to the federal sentencing transcript attached to the OLR's misconduct summary, the sentencing judge described some of the child pornography involved in Attorney Blomme's case as "the worst of the worst." The judge also noted that Attorney Blomme's wrongdoing "wasn't just the possession" but also "the selection and distribution of particularly virulent child pornography." The judge also voiced concern that Attorney Blomme "committed [his] crimes in part at the courthouse" where he was responsible for cases involving children who had been abused. The judge described Attorney Blomme's behavior as "a huge stain on the reputation of the judiciary."
¶10 This is clearly the type of criminal conduct that "is so revealing of character defects, and so undermines public confidence in the legal profession, that it necessarily reflects adversely on an attorney's fitness as a lawyer." See In re Disciplinary Proceedings Against Johns, 2014 WI 32, ¶38, 353 Wis.2d 746, 847 N.W.2d 179, citing In re Disciplinary Proceedings Against Inglimo, 2007 WI 126, ¶51, 305 Wis.2d 71, 740 N.W.2d 125 (). The seriousness of Attorney Blomme's criminal conduct in distributing child pornography is magnified by the fact that it occurred during a time in which he served as a circuit court judge--a Children's Court judge, no less. Public trust in our court system depends upon public trust in the integrity of its judges. Attorney Blomme's blatant disregard for the law during the time he sat on the judicial bench jeopardizes public confidence in the courts and reflects adversely on the entire bar. See In re Disciplinary Proceedings Against Penn, 201 Wis.2d 405, 406, 548 N.W.2d 526 (1996) ()
¶11 Given the egregious nature of Attorney Blomme's misconduct, anything less than a revocation of his law license would unduly depreciate the seriousness of his misconduct, fail to protect the public and the court system from further misconduct, and inadequately deter similar misbehavior by other attorneys. Revocation is clearly deserved.[2]
¶12 Because this matter is being resolved via a petition for consensual revocation without the need to appoint a referee or hold an extensive hearing, we do not impose costs on Attorney Blomme. No restitution was sought and none is ordered.
¶13 IT IS ORDERED that the petition for consensual license revocation is granted.
¶14 IT IS FURTHER ORDERED that the license of Brett R. Blomme to practice law in Wisconsin is revoked, effective the date...
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