Office of Lawyer Regulation v. Keith R. Hughes
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2008 WI 120 SUPREME COURT CASE NO.: COMPLETE TITLE: OF WISCONSIN 2007AP2546-D In the Matter of Disciplinary Proceedings Against Keith R. Hughes, Attorney at Law: Office of Lawyer Regulation, Complainant, v. Keith R. Hughes, Respondent. DISCIPLINARY PROCEEDINGS AGAINST HUGHES OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: SOURCE OF APPEAL: COURT: COUNTY: JUDGE: JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ATTORNEYS: October 14, 2008 2008 WI 120 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2007AP2546-D STATE OF WISCONSIN : IN SUPREME COURT In the Matter of Disciplinary Proceedings Against Keith R. Hughes, Attorney at Law: FILED Office of Lawyer Regulation, Complainant, OCT 14, 2008 v. David R. Schanker Clerk of Supreme Court Keith R. Hughes, Respondent. ATTORNEY disciplinary proceeding. Attorney's license suspended. ¶1 PER CURIAM. We review the report of the referee recommending that Attorney Keith R. Hughes' license to practice law in Wisconsin be suspended for three years for professional misconduct. ¶2 No appeal has been filed. On November 6, 2007, the Office of Lawyer Regulation (OLR) filed a single count disciplinary complaint alleging that Attorney Hughes' criminal honesty, trustworthiness, conduct or reflected fitness as a adversely lawyer in on his other No. respects, in violation of 20:8.4(b).1 SCR 2007AP2546-D Allan Beatty was appointed referee. ¶3 The violation arises out of the charge against Attorney Hughes for the felony of conspiracy to commit offense or to defraud the United States, in violation of 18 U.S.C. § 371.2 We adopt the referee's report and recommendation and conclude that the seriousness of Attorney Hughes' misconduct warrants suspension of his license to practice law for three years. ¶4 Attorney Hughes was admitted to practice Wisconsin in 1989 and practiced in Eagle River. law in In 1999 he consented to a private reprimand for incompetence and obtaining from a client a prospective malpractice waiver. 11, 2007, this court summarily suspended On September Attorney Hughes' license to practice law in Wisconsin pursuant to SCR 22.20. See Office of Lawyer Regulation v. Hughes, Case No. 2007XX913-D. His license remains suspended. ¶5 In December 2006 Attorney Hughes entered a plea agreement whereby he agreed to plead guilty to conspiracy to commit offense or to defraud the United States, in violation of 18 U.S.C. § 371. On April 18, 2007, Attorney Hughes entered his 1 SCR 20:8.4(b) provides it is professional misconduct for a lawyer to "commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects." 2 See United States v. Hughes, Case No. 06CR344 (E.D. Wis. 2007). 2 No. guilty plea and was found guilty. 2007AP2546-D He was sentenced to a prison term of one year and one day. ¶6 The plea agreement said that between November 2002 and November 2003, Attorney Hughes' creditors wrote off as bad debt or referred to collection agencies approximately 28 of Attorney Hughes' credit card loans, resulting in over $270,000 in principal debt plus additional unpaid fees and interest. federal sentencing transcript indicates that Attorney The Hughes conspired with his girlfriend to use the proceeds of the credit card loans, Shores, without Alabama. repayment, According to to purchase the plea a house agreement, in Gulf Attorney Hughes agreed to pay restitution as ordered by the federal court for at least the issuers and their incurred in guilty. ¶7 the principal amounts assignees course of for the owed the to the credit conspiracy card to card debts which he he pled The court ordered $146,100 in restitution. After reviewing the federal sentencing transcript, the OLR recommended a three-year license suspension. offense credit to which he pled was serious, Although the the mitigating circumstances discussed at sentencing involved Attorney Hughes' immediate cooperation with authorities. In short, he cooperated fully in the investigation and successful prosecution of the coconspirator and provided documentary evidence to corroborate his account of the scheme. The federal prosecutor observed that Attorney Hughes' assistance was significant, his testimony was truthful, and he had accepted responsibility. said that Attorney Hughes should 3 be The prosecutor rewarded for the No. 2007AP2546-D extraordinary steps he had taken to pay a significant amount of restitution after being charged and before sentencing. ¶8 The OLR and Attorney Hughes stipulated that a three- year suspension of Attorney Hughes' license to practice law in Wisconsin (effective September 11, 2007, the date of the summary suspension) would be appropriate. They stipulated that Attorney Hughes should be responsible for the cost of the disciplinary proceeding. ¶9 bargain The stipulation states it is not the result of a plea but reflects the OLR's measured information not available earlier. consideration of The stipulation also states that every averment of the disciplinary complaint is true and accurate, specifically that Attorney professional misconduct because adversely on his honesty, his Hughes criminal trustworthiness, committed conduct or reflects fitness as a lawyer in other respects, in violation of SCR 20:8.4(b). ¶10 Referee Beatty adopted the fact portion of the parties' stipulation and concluded Attorney Hughes violated SCR 20:8.4(b), as complaint. Attorney alleged in count one of the disciplinary The referee recommends a three-year suspension of Hughes' retroactive recommends proceeding. to license September Attorney Hughes to practice 11, 2007. pay the cost law in Referee of the Wisconsin, Beatty also disciplinary On June 26, 2008, the OLR submitted a statement of costs in the amount of $1,185.08. ¶11 We adopt the referee's findings and conclusions set forth in his report and accept his recommendation. 4 Attorney No. Hughes' misconduct suspension. is a serious violation 2007AP2546-D warranting license A three-year license suspension together with the imposition of the full cost of this proceeding is justified. This court takes into account the mitigating factors discussed in the Hughes' federal sentencing restitution transcript, attempts and which his include immediate Attorney and full cooperation with authorities. ¶12 A three-year suspension discipline imposed in other is cases. commensurate For example, with this court suspended Attorney Brian Burke's license for a period of two years, retroactive proceedings were to January instituted 3, 2006, following after his disciplinary conviction for misconduct in public office, a Class E felony, and obstructing an officer, a Class A misdemeanor. See In re Disciplinary Proceedings Against Burke, 2007 WI 46, ¶6, 300 Wis. 2d 198, 730 N.W.2d 651. This court suspended Attorney Michael A. Gral's license for three years related to a federal criminal conviction for mail fraud. The federal court had sentenced Gral to two years imprisonment and a $50,000 fine. Gral, 2007 WI 22, See In re Disciplinary Proceedings Against 299 Wis. 2d 160, 727 N.W.2d 495. In 2005 Attorney Mark E. Sostarich received an 18- month suspension for his conviction of the crime of conspiracy of sharing legal fees paid by his client with Gary George as part of a larger conspiracy. See In re Disciplinary Proceedings Against Sostarich, 2005 WI 97, 282 Wis. 2d 712, 698 N.W.2d 711. ¶13 IT IS ORDERED that the license of Keith R. Hughes to practice law in Wisconsin is suspended for a period of three 5 No. 2007AP2546-D years, effective the date of his summary license suspension, September 11, 2007. ¶14 IT IS FURTHER ORDERED that to the extent he has not done so already, Keith R. Hughes shall comply with SCR 22.26 concerning the duties of a person whose license to practice law in Wisconsin has been suspended. ¶15 of this IT IS FURTHER ORDERED that within one year of the date order Keith R. Hughes pay to Regulation the cost of this proceeding. the Office of Lawyer If the cost of this proceeding is not paid within the time specified and absent a showing to this court of his inability to pay within that time, the license of Keith R. Hughes to practice law in Wisconsin shall remain suspended until further order of this court. 6 No. 1 2007AP2546-D
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