Office of Lawyer Regulation v. Gricel S. Echavarria
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2007 WI 116 SUPREME COURT CASE NO.: COMPLETE TITLE: OF WISCONSIN 2004AP499-D In the Matter of Disciplinary Proceedings Against Gricel S. Echavarria, Attorney at Law: Office of Lawyer Regulation, Complainant, v. Gricel S. Echavarria, Respondent. DISCIPLINARY PROCEEDINGS AGAINST ECHAVARRIA OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: September 5, 2007 SOURCE OF APPEAL: COURT: COUNTY: JUDGE: JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ATTORNEYS: ZIEGLER, J., did not participate. 2007 WI 116 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2004AP499-D STATE OF WISCONSIN : IN SUPREME COURT In the Matter of Disciplinary Proceedings Against Gricel S. Echavarria, Attorney at Law: FILED Office of Lawyer Regulation, Complainant, SEP 5, 2007 v. David R. Schanker Clerk of Supreme Court Gricel S. Echavarria, Respondent. ATTORNEY disciplinary proceeding. Reinstatement granted. ¶1 a PER CURIAM. We review referee's report recommending that Gricel Echavarria's license to practice law in Wisconsin be reinstated. We adopt the referee's findings of fact and conclusions of law and agree that Attorney Echavarria's license Attorney to practice Echavarria law to should pay the be reinstated. costs of the We direct reinstatement proceeding, which total $2478.34 as of April 5, 2007. ¶2 Attorney Echavarria was admitted to practice law in Wisconsin in 2000. On November 17, 2003, this court summarily No. suspended Attorney conviction transfer in Echavarria's federal false court identification license for in the conspiracy documents, 2004AP499-D wake to of her produce and counterfeit resident alien cards, and counterfeit social security cards, in violation of 18 U.S.C. §§ 1028(a) and 1546(a), § 408(a)(7)(C), a class D felony. and 42 U.S.C. Her (then) husband, Victor, was also prosecuted in connection with this scheme. criminal proceeding, Attorney Echavarria was In the sentenced to 27 months of imprisonment. ¶3 In accepted a Echavarria the ensuing stipulation was disciplinary that convicted the proceeding, conduct constitutes a for this which criminal court Attorney act that reflects adversely on her honesty, trustworthiness, or fitness as a lawyer, Disciplinary in violation Proceedings of Against SCR 20:8.4(b). Echavarria, 2004 See WI In 51, re 271 Wis. 2d 289, 679 N.W.2d 294. Attorney Echavarria's license to practice for law was suspended a period of retroactive to the date she was summarily suspended. ¶4 Attorney Echavarria now seeks license to practice law in Wisconsin. two years, Id. reinstatement of her Catherine Rottier was appointed referee in the matter and conducted a formal hearing on the reinstatement petition. The referee filed her report and recommendation on March 23, 2007. Neither the Board of Bar Examiners (BBE) nor the Office of Lawyer Regulation (OLR) oppose the referee's recommendation. ¶5 of a SCR 22.31(1) provides the standard for reinstatement law license. The petitioner 2 has the burden of No. 2004AP499-D demonstrating "by clear, satisfactory, and convincing evidence" that the lawyer has the moral character to practice law, that the lawyer's resumption of the practice of law will not be detrimental to the administration of justice or subversive of the public interest, and that the lawyer has complied with SCR 22.26 and the terms of the suspension. In addition, SCR 22.29(4) sets forth related requirements that a petition for reinstatement must show. All of these additional requirements are effectively incorporated into SCR 22.31(1). ¶6 unless This Court will adopt a referee's findings of fact they are clearly reviewed de novo. erroneous. Conclusions of law are See In re Disciplinary Proceedings Against Carroll, 2001 WI 130, ¶29, 248 Wis. 2d 662, 636 N.W.2d 718. ¶7 Attorney Echavarria was first eligible to petition for reinstatement in August 2005. 2006. She filed her petition in August The hearing on this reinstatement petition was conducted in January 2007. Several individuals testified in support of Attorney Echavarria's reinstatement. Two individuals appeared in opposition to her petition, asserting that the serious nature of the underlying offenses should preclude reinstatement. ¶8 The referee found that Attorney practiced law during her suspension. the terms of her suspension, has Echavarria has not She has complied with all maintained competence and learning in the law, and her conduct since the suspension has been "exemplary." The referee found that Attorney Echavarria "has fully complied with the terms of the order of suspension and the requirements of SCR 22.26." 3 No. ¶9 Upon Echavarria convincing review has of the established evidence that record by she necessary for reinstatement. we agree clear, has 2004AP499-D that Attorney satisfactory, satisfied all the and criteria We are mindful of the concerns articulated by the two citizens who opposed this reinstatement. The underlying crime for which Attorney Echavarria was convicted is undoubtedly serious. However, Attorney Echavarria has accepted responsibility for her criminal conduct, has served her sentence, and has expressed remorse. Michael Harper, Senior U.S. Probation Officer for the U.S. District Court for the Western District of Wisconsin, has advised this court that his office has no objections to Attorney Echavarria being reinstated and licensed to practice reinstatement. Attorney The law. record Echavarria's The contains OLR does not considerable cooperation with oppose evidence law of enforcement authorities and the OLR, personal counseling, and efforts toward rehabilitation. As the referee noted, Attorney Echavarria "has done everything the Court has asked her to do during the period of suspension." conclude that After the careful record consideration, before this court we therefore supports the referee's findings that Attorney Echavarria has established by clear, satisfactory, and convincing evidence that she has satisfied all the criteria necessary for reinstatement. ¶10 and Accordingly, we adopt the referee's findings of fact conclusions recommendation practice law to in of law and we reinstate Attorney Wisconsin subject 4 accept the Echavarria's to her referee's license compliance to with No. mandatory continuing requirements. legal education (CLE) 2004AP499-D reporting We further direct Attorney Echavarria to pay the costs of the reinstatement proceeding. ¶11 IT IS ORDERED that the petition for reinstatement of the license of Gricel S. Echavarria to practice law in Wisconsin is granted, effective the date of this order, subject to her compliance with mandatory CLE reporting requirements. ¶12 IT IS FURTHER ORDERED that within six months of the date of this order Gricel S. Echavarria pay to the Office of Lawyer Regulation the costs of this proceeding. If the costs are not paid within the time specified, and absent a showing to this court of her inability to pay the costs within that time, the license of Gricel S. Echavarria to practice law in Wisconsin shall be suspended until further order of the court. ¶13 ANNETTE K. ZIEGLER, J., did not participate. 5 No. 1 2004AP499-D
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