Board of Attorneys Professional Responsibility v. Keith E. Broadnax
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SUPREME COURT OF WISCONSIN Case No.: 98-1904-D Complete Title of Case: In the Matter of Disciplinary Proceedings Against Keith E. Broadnax, Attorney at Law. Board of Attorneys Professional Responsibility, Complainant, v. Keith E. Broadnax, Respondent. DISCIPLINARY PROCEEDINGS AGAINST BROADNAX Opinion Filed: Submitted on Briefs: Oral Argument: Source of APPEAL COURT: COUNTY: JUDGE: JUSTICES: Concurred: Dissented: Not Participating: ATTORNEYS: May 6, 1999 No. 98-1904-D NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 98-1904-D STATE OF WISCONSIN : IN SUPREME COURT FILED In the Matter of Disciplinary Proceedings Against Keith E. Broadnax, Attorney at MAY 6, 1999 Law. Marilyn L. Graves Clerk of Supreme Court Madison, WI Board of Attorneys Professional Responsibility, Complainant, v. Keith E. Broadnax, Respondent. ATTORNEY disciplinary proceeding. Attorney s license suspended. ¶1 PER CURIAM We review the report of the referee recommending that the license of Keith E. Broadnax to practice law in Wisconsin be suspended for two years as discipline for professional misconduct. That misconduct included his continued use of cocaine, in violation of conditions previously imposed on him when his license was suspended in 1997 for professional misconduct, converting to his own use funds belonging to his law firm, obtaining law firm funds by misrepresentation, and taking property of an employee of the 1 firm without permission. In No. addition to the conditions be Broadnax s suspension, imposed license on the referee the directed to recommended reinstatement his 98-1904-D of rehabilitation that Attorney from drug addiction and recovery from a medical disorder. ¶2 We determine Broadnax s that professional suspension recommended the seriousness misconduct by the of the warrants referee and the Attorney license imposition of conditions directed to his rehabilitation. By reverting to the use of cocaine following the earlier license suspension, he has demonstrated that he cannot be trusted to represent others in the legal system. Moreover, his conduct with property of the law firm where he was employed shows that he cannot be entrusted with funds and property of those he might represent in a professional capacity. ¶3 Wisconsin Attorney in Broadnax 1981 and twice Attorneys Professional him previously. for admitted practices disciplined reprimanded was In in November to practice Milwaukee. Responsibility failing to 1989 He the law has in been Board of (Board) file privately findings of fact, conclusions of law, and the judgment in a divorce matter timely and for misrepresenting to the Board during its investigation that he had filed those documents. The court suspended his license for 90 days, effective March 12, 1997, as discipline for neglect of client matters, failure to communicate adequately to a client the basis of his fee, failure to return an unearned fee, and failure investigation. to cooperate Disciplinary with Proceedings 2 the Against Board in Broadnax, its 208 No. 98-1904-D Wis. 2d 120, 559 N.W.2d 595 (1997). In the latter case, the court ordered him to comply for three years with conditions directed to his continued treatment for and rehabilitation from cocaine and cannabis dependence and treatment for a mental disorder. Those conditions included abstinence from alcohol and controlled substances, periodic drug screens, and regular reports to the Board of his treatment progress. ¶4 Board s When Attorney Broadnax failed to file an answer to the complaint in the instant proceeding and thereafter pleaded no contest to the allegations of the Board s complaint, the referee, Attorney Rose Marie Baron, made findings of fact accordingly. The first of those concerned Attorney Broadnax s use of cocaine. On July 22, 1997, Attorney Broadnax underwent a random urine screening at the request of the Board s administrator, and that screening tested positive for cocaine. Thereafter, Attorney Broadnax acknowledged that he had used cocaine. The referee concluded that Attorney Broadnax thereby committed a criminal act that reflects adversely on his honesty, trustworthiness, or fitness as a lawyer in other respects, in violation of SCR 20:8.4(b), and that his failure to abstain from the use of a controlled substance violated this court s license suspension order of 1997, contrary to SCR 20:8.4(f).1 1 SCR 20:8.4 provides, in pertinent part: Misconduct It is professional misconduct for a lawyer to: . . . 3 No. ¶5 Attorney The remainder Broadnax s of the conduct with referee s the law findings firm 98-1904-D concerned where he was employed. At an unspecified time, Attorney Broadnax advised a client of the firm to make fee payments in a divorce matter payable to him rather than to the firm. He then cashed those checks, totaling $725, did not turn the money over to the firm, and converted it to his own use. In July 1997, he received two checks from an insurer as part of the settlement of a client s claim. Those checks were made payable to him, one for $200 as the firm s fee and one for $12.28 for the costs incurred by the firm in the matter, and Attorney Broadnax endorsed those checks, did not turn the proceeds over to the firm, and converted them to his own use. Also in July 1997, Attorney Broadnax reported to the firm that a check it had given him for reimbursement in the amount of $28.61 had been destroyed and asked for a replacement check. He received it, cashed both it and the original check, and retained the proceeds of both. ¶6 reported taken In September of that several compact without the owner s 1997, an employee discs valued permission. of at Shortly the law firm $125 had been after Attorney (b) commit a criminal act that reflects adversely on the lawyer s honesty, trustworthiness or fitness as a lawyer in other respects; . . . (f) violate a statute, supreme court rule, supreme court order or supreme court decision regulating the conduct of lawyers; 4 No. 98-1904-D Broadnax was terminated by the law firm in September 1997, he acknowledged to an attorney in that firm that he had taken those compact discs. foregoing The referee matters, involving concluded Attorney dishonesty, fraud, that Broadnax deceit or in each engaged in of the conduct misrepresentation, in violation of SCR 20:8.4(c).2 ¶7 As discipline for that professional misconduct, the referee recommended that Attorney Broadnax s license to practice law be suspended for two years and that the court require him to submit to random drug tests for a period of one year prior to reinstatement of his license. In addition, the referee recommended that prior to reinstatement, Attorney Broadnax be required to establish that he has his drug addiction and a medical disorder under control. Finally, the referee recommended that Attorney Broadnax be required to pay the costs of this proceeding. ¶8 We adopt the referee s findings of fact and conclusions of law and determine that the recommended license suspension and imposition of conditions are the appropriate response to Attorney Broadnax s professional misconduct. 2 SCR 20:8.4 provides, in pertinent part: Misconduct It is professional misconduct for a lawyer to: . . . (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation; 5 No. ¶9 98-1904-D IT IS ORDERED that the license of Keith E. Broadnax to practice law in Wisconsin is suspended for two years, effective June 21, 1999. ¶10 IT IS FURTHER ORDERED that Keith E. Broadnax comply with the conditions recommended by the referee in this matter. ¶11 IT IS FURTHER ORDERED that within 60 days of the date of this order, Keith E. Broadnax pay to the Board of Attorneys Professional provided that Responsibility if the the costs costs are of this not paid proceeding, within the time specified and absent a showing to this court of his inability to pay the costs within that time, the license of Keith E. Broadnax to practice law in Wisconsin shall remain suspended until further order of the court. ¶12 IT IS FURTHER ORDERED that Keith E. Broadnax comply with the provisions of SCR 22.26 concerning the duties of a person whose license to practice suspended. 6 law in Wisconsin has been 1
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