Office of Lawyer Regulation v. Peter James Nickitas
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2006 WI 20 SUPREME COURT CASE NO.: OF WISCONSIN 2005AP2523-D COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Peter James Nickitas, Attorney at Law: Office of Lawyer Regulation, Complainant, v. Peter James Nickitas, Respondent. DISCIPLINARY PROCEEDINGS AGAINST NICKITAS OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: SOURCE OF APPEAL: COURT: COUNTY: JUDGE: JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ATTORNEYS: March 7, 2006 2006 WI 20 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2005AP2523-D STATE OF WISCONSIN : IN SUPREME COURT In the Matter of Disciplinary Proceedings Against Peter James Nickitas, Attorney at Law: FILED Office of Lawyer Regulation, Complainant, MAR 7, 2006 v. Cornelia G. Clark Clerk of Supreme Court Peter James Nickitas, Respondent. ATTORNEY disciplinary proceeding. CURIAM. review Attorney's license suspended. ¶1 PER Attorney Regulation 1 Peter (OLR) James We Nickitas pursuant to the and SCR stipulation the 22.121 SCR 22.12 provides in relevant part: Office filed of concerning by Lawyer Attorney Stipulation. (1) The director may file with the complaint a stipulation of the director and the respondent to the facts, conclusions of law regarding misconduct, and discipline to be imposed. The supreme court may consider the complaint and stipulation without the appointment of a referee. No. Nickitas' admissions of professional misconduct. 2005AP2523-D The parties stipulate that the appropriate discipline to impose for that professional misconduct is the suspension of Attorney Nickitas' license to practice law in Wisconsin for a period of 90 days. ¶2 We approve the stipulation and adopt the stipulated facts and conclusions of law. We agree that the seriousness of Attorney Nickitas' warrants license to misconduct practice law. We the also suspension accept the of his parties' stipulation that a 90-day suspension is appropriate discipline. ¶3 Attorney Nickitas was admitted to the State Bar of Wisconsin on September 19, 1991. He was previously admitted to practice law in Minnesota in October 1990. Minnesota Supreme Minnesota license Court be ordered suspended effective August 25, 2005. that for a In August 2005 the Attorney period Nickitas' of 90 days, The suspension arose out of Attorney Nickitas' violation of Minnesota Rules of Professional Conduct involving a entering into without consensual multiple written sexual relationship business disclosure of with transactions the potential with a client; a client conflicts and without providing for fair and reasonable terms for his client, including the receipt of at least $9900 in undocumented, interest-free, business and personal loans; failing to file a timely appeal of a final judgment in a paternity matter and (2) If the supreme court approves a stipulation, it shall adopt the stipulated facts and conclusions of law and impose the stipulated discipline. 2 No. 2005AP2523-D subsequently filing motions previously decided by the unappealed judgment in violation of Minnesota rules. ¶4 Attorney Nickitas stipulated that he failed to notify the OLR directly of the Minnesota Supreme Court's imposition of public discipline within 20 days of the effective date of the Minnesota discipline. The OLR first learned of Attorney Nickitas' Minnesota suspension from a source other than Attorney Nickitas. Attorney Nickitas, however, had notified the Brown County and Douglas County circuit courts, as well as the United States District Court for the Western District of Wisconsin, and notified Minnesota's regulatory agency that he was admitted to practice law in Wisconsin. Attorney Nickitas admitted that by virtue public of having received discipline imposed by the Minnesota Supreme Court, he is subject to reciprocal discipline in Wisconsin pursuant to SCR 22.22. He further admitted that by failing to notify the OLR of the Minnesota license suspension within 20 days of the effective date, he violated SCR 22.22(1).2 Attorney Nickitas does not claim any of the circumstances articulated in SCR 22.22(3)(a)-(c).3 extenuating In absence of 2 SCR 22.22(1) states in relevant part that "[a]n attorney on whom public discipline for misconduct . . . has been imposed by another jurisdiction shall promptly notify the director of the matter. Failure to furnish the notice within 20 days of the effective date of the order or judgment of the other jurisdiction constitutes misconduct." 3 SCR 22.22 states in relevant part: Reciprocal discipline. (3) The supreme court shall impose the identical discipline or license suspension unless one or more of the following is present: 3 No. 2005AP2523-D any of those circumstances, SCR 22.22 provides that this court shall impose the identical discipline or license suspension as imposed in the other jurisdiction. ¶5 The parties jointly request this court to order a 90- day suspension of Attorney Nickitas' license to practice law in Wisconsin and order Attorney Nickitas to establish that he has fully paid restitution to his client in the sum of $9900, plus interest, or that he has entered into a repayment agreement for the remaining amount due. ¶6 The OLR does not seek an order that Attorney Nickitas be required to complete the professional responsibility portion of the bar exam, nor a costs Nickitas in these proceedings. court accept the stipulation assessment against Attorney The parties request that this without the appointment of a referee and issue a final disciplinary opinion consistent with their stipulation. Attorney Nickitas requests the effective date of his Wisconsin license suspension be set for August 25, 2005, the same date his Minnesota license was suspended, based on the assertion by affidavit that he did not practice law in (a) The procedure in the other jurisdiction was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process. (b) There was such an infirmity of proof establishing the misconduct or medical incapacity that the supreme court could not accept as final the conclusion in respect to the misconduct or medical incapacity. (c) The misconduct justifies different discipline in this state. 4 substantially No. any jurisdiction including Wisconsin during 2005AP2523-D his Minnesota suspension. ¶7 This court adopts the findings of fact and conclusions of law to which the parties have stipulated concerning Attorney Nickitas' misconduct. We determine the seriousness of the misconduct warrants the suspension of Attorney Nickitas' license to practice law for 90 days. We conclude the circumstances of this retroactive case do not warrant a suspension effective date. ¶8 IT IS ORDERED that the license of Attorney Peter James Nickitas to practice law in Wisconsin is suspended for a period of 90 days effective the date of this order. ¶9 IT IS FURTHER ORDERED that within 90 days Attorney Nickitas shall provide evidence to the Office of Lawyer Regulation that he has fully paid restitution to his client in the sum of $9900, plus interest, or that he has entered into a repayment evidence agreement is not for provided the remaining within that amount time, due. the If the license of Attorney Nickitas shall remain suspended until further order of the court. ¶10 IT IS FURTHER ORDERED that Attorney Nickitas comply with the provisions of SCR 22.26 concerning the duties of a person whose license to practice law suspended if he has not already done so. 5 in Wisconsin has been No. 6 2005AP2523-D
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