OLR v. David P. F. Templeton
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2019 WI 29 SUPREME COURT CASE NO.: COMPLETE TITLE: OF WISCONSIN 2018AP2457-D In the Matter of Disciplinary Proceedings Against David P. F. Templeton, Attorney at Law: Office of Lawyer Regulation, Complainant, v. David P. F. Templeton, Respondent. DISCIPLINARY PROCEEDINGS AGAINST TEMPLETON OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: SOURCE OF APPEAL: COURT: COUNTY: JUDGE: JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ATTORNEYS: March 21, 2019 2019 WI 29 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2018AP2457-D STATE OF WISCONSIN : IN SUPREME COURT In the Matter of Disciplinary Proceedings Against David P. F. Templeton, Attorney at Law: FILED Office of Lawyer Regulation, Complainant, MAR 21, 2019 v. Sheila T. Reiff Clerk of Supreme Court David P. F. Templeton, Respondent. ATTORNEY disciplinary proceeding. Attorney's license suspended. ¶1 to PER CURIAM. Supreme Court We review a stipulation filed pursuant Rule (SCR) 22.12 by the Office of Regulation (OLR) and Attorney David P. F. Templeton. stipulation, Attorney Templeton admits that he Lawyer In the committed professional misconduct, and he agrees with the OLR's request that his license to practice law be suspended for a period of six months. various He further agrees that the court should impose conditions practice law. upon the reinstatement of his license to No. ¶2 After stipulation Attorney careful and review impose Templeton the entered of the matter, requested into a 2018AP2457-D we accept discipline. comprehensive the Because stipulation prior to the appointment of a referee, we do not require him to pay the costs of this proceeding. ¶3 Attorney Templeton was admitted to Wisconsin in 2004 and practiced in Menasha. disciplinary history. practice law in He has no prior Effective May 31, 2017, his license to practice law was suspended for failure to comply with continuing legal education reporting requirements. Effective October 31, 2017, his license to practice law was suspended for failure to pay state bar certification. ¶4 On dues and provide the OLR trust account Attorney Templeton's license remains suspended. December 27, 2018, the OLR filed a complaint alleging that Attorney Templeton had engaged in three counts of professional suspension Attorney 2019, misconduct. of his Templeton stating The license filed that a he complaint to practice handwritten accepts sought a law in answer on the OLR's six-month Wisconsin. January findings 7, and recommendations and that he takes full responsibility for his misconduct. ¶5 On January 18, 2019, the OLR and Attorney Templeton filed a stipulation pursuant to SCR 22.12. The following facts are taken from the stipulation. ¶6 On June 22, 2017, Village of Fox Crossing Police Department Investigator Jeremiah Gustafson provided information to the OLR about Attorney Templeton, 2 advising that Attorney No. Templeton was conduct. under investigation Investigator investigator from the Lake for Gustafson suspected was Winnebago law enforcement drug-related working Metropolitan Group (MEG) and a confidential informant (CI). jurisdictional 2018AP2457-D task force with an Enforcement MEG is a multiconcentrating on illegal drugs that uses CIs to gather evidence. The CI and Attorney of Templeton had discussed the possibility the CI performing clerical work for Attorney Templeton in exchange for drugs. ¶7 On August investigator, and 2, the 2017, CI Investigator met in Gustafson, advance of a the MEG pre-arranged controlled buy of illegal drugs from Attorney Templeton set for later that day. The CI wore a wireless body transmitter while the investigators observed the drug transaction between Attorney Templeton and the CI. Attorney Templeton delivered approximately .2 grams of heroin to the CI with the assurance, "Don't worry, I'll get more." Following the drug transaction, Attorney Templeton was arrested and later released. ¶8 Winnebago On August 11, 2017, Attorney Templeton was charged in County with one count of manufacturing/delivery of heroin in violation of Wis. Stat. § 961.41(1)(d)1, a Class F felony. Conditions of his bail/bond included absolute sobriety and no commission of any criminal act. ¶9 On August 14, 2017, Attorney Templeton tested positive for methamphetamine, in violation of his bail/bond. On August 17, 2017, he caused a disturbance at a Menasha apartment while intoxicated, two additional violations of his bail/bond. 3 No. ¶10 2018AP2457-D On August 18, 2017, as a result of his conduct the previous day, Attorney Templeton was charged in Winnebago County with two counts of felony bail jumping pursuant to Wis. Stat. § 946.49(1)(b), and one count of misdemeanor disorderly conduct pursuant to Wis. Stat. § 947.01. ¶11 On March 6, 2018, Attorney Templeton pleaded guilty to the felony count of manufacturing/delivery of heroin and one count of felony bail jumping. The other felony bail jumping and the disorderly conduct counts were read in and dismissed. On May 18, 2018, Attorney Templeton received an imposed but stayed sentence consisting of two years of initial confinement and three years of extended supervision, as well as an imposed fiveyear probation sentence with credit for time served. (Attorney Templeton was incarcerated between August 18, 2017 and May 18, 2018.) ¶12 Attorney Templeton's license to practice law in Wisconsin has been continuously suspended since May 31, 2017. On June 5, 2017, he appeared in Winnebago County Circuit Court on behalf of a client. client, opposing Attorney Templeton failed to inform his counsel, or the practice law had been suspended. court that his license to A representative of the Town of Grand Chute Police Department notified the OLR that on June 28 and 29, 2017, Attorney department he had been Templeton stated retained by and to the police represented a client under criminal investigation. ¶13 The OLR's complaint alleged the following counts of misconduct: 4 No. 2018AP2457-D • Count One: By engaging in conduct leading to criminal felony convictions for the manufacture/delivery of heroin and for bailing jumping, Attorney Templeton violated SCR 20:8.4(b).1 • Count Two: By failing to notify his client, opposing counsel, and the court of his license suspension, Attorney Templeton violated SCR 22.26(1)(a), (b) and (c),2 enforceable via SCR 20:8.4(f).3 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 SCR 22.26(1) provides on or before the effective date of license suspension or revocation, an attorney whose license is suspended or revoked shall do all of the following: (a) Notify by certified mail all clients being represented in pending matters of the suspension or revocation and of the attorney's consequent inability to act as an attorney following the effective date of the suspension or revocation. (b) Advise the clients to seek legal advice of their choice elsewhere. (c) Promptly provide written notification to the court or administrative agency and the attorney for each party in a matter pending before a court or administrative agency of the suspension or revocation and of the attorney's consequent inability to act as an attorney following the effective date of the suspension or revocation. The notice shall identify the successor attorney of the attorney's client or, if there is none at the time notice is given, shall state the client's place of residence. 3 SCR 20:8.4(f) provides: "It is professional misconduct for a lawyer to violate a statute, supreme court rule, supreme court order or supreme court decision regulating the conduct of lawyers." 5 No. • ¶14 2018AP2457-D Count Three: By practicing law after May 31, 2017, while his license was suspended, Attorney Templeton violated SCR 22.26(2),4 and SCR 31.10(1),5 enforceable via SCR 20:8.4(f). Attorney Templeton states that the terms of the stipulation were not bargained for or negotiated between the 4 SCR 22.26(2) provides: An attorney whose license to practice law is suspended or revoked or who is suspended from the practice of law may not engage in this state in the practice of law or in any law work activity customarily done by law students, law clerks, or other paralegal personnel, except that the attorney may engage in law related work in this state for a commercial employer itself not engaged in the practice of law. 5 SCR 31.10(1) provides: If a lawyer fails to comply with the attendance requirement of SCR 31.02, fails to comply with the reporting requirement of SCR 31.03(1), or fails to pay the late fee under SCR 31.03(2), the board shall serve a notice of noncompliance on the lawyer. This notice shall advise the lawyer that the lawyer’s state bar membership shall be automatically suspended for failing to file evidence of compliance or to pay the late fee within 60 days after service of the notice. The board shall certify the names of all lawyers so suspended under this rule to the clerk of the supreme court, all supreme court justices, all court of appeals and circuit court judges, all circuit court commissioners appointed under SCR 75.02(1) in this state, all circuit court clerks, all juvenile court clerks, all registers in probate, the executive director of the state bar of Wisconsin, the Wisconsin State Public Defender’s Office, and the clerks of the federal district courts in Wisconsin. A lawyer shall not engage in the practice of law in Wisconsin while his or her state bar membership is suspended under this rule. 6 parties. He avers that he admits the facts No. 2018AP2457-D and misconduct alleged by the OLR and agrees to the discipline sought by the OLR director. misconduct He represents allegations, the that he fully ramifications understands should the the court impose the stipulated level of discipline, his right to contest the matter, and his right to consult with and retain counsel. He states that his entry into the stipulation is made knowingly and voluntarily. ¶15 In appropriate the stipulation, level of the discipline to parties impose agree in that an response to Attorney Templeton's misconduct is a suspension of his license to practice law in Wisconsin for a period of six months. parties further conditions on agree the that the reinstatement court on impose Attorney the following Templeton's license: • Prior to filing a petition for reinstatement, Attorney Templeton will provide the OLR with signed medical releases for each treatment provider who is providing or has provided treatment, assessment, or services related to substance abuse to Attorney Templeton within the three previous years; • Prior to filing a petition for reinstatement, Attorney Templeton will undergo a substance abuse assessment that makes specific written recommendations, and demonstrate compliance with the recommendations; and • As a condition of reinstatement, Attorney Templeton will submit to monitoring as directed by the OLR and must comply with all monitoring requirements for a period of two years following reinstatement. 7 The law No. ¶16 2018AP2457-D In its memorandum in support of the stipulation, the OLR says that Attorney Templeton's misconduct was serious and merits a sanction that will require him to demonstrate fitness before practicing law again in Wisconsin. his The OLR notes that there a number mitigating factors present in this case: Attorney Templeton has no disciplinary history; he is remorseful for his misconduct; he fully cooperated in the OLR's investigation and stipulated to the misconduct, and he continues to participate in weekly counseling. ¶17 After careful review of the matter, we accept the stipulation and determine that Attorney Templeton engaged in the three counts of misconduct alleged in the OLR's complaint. We further conclude that a six-month suspension of his license to practice law is an appropriate level of discipline. Although no two disciplinary proceedings are precisely alike, we find that the misconduct at issue here is somewhat similar to that presented in In re Disciplinary Proceedings Against Schwitzer, 2017 WI 53, 375 Wis. 2d 414, 895 N.W.2d 416. Attorney Schwitzer's license was suspended for six months following his criminal convictions for possession of THC and cocaine, as well as holding himself out administrative suspension. as an attorney following an As in Schwitzer, we find a six-month suspension which will require Attorney Templeton to go through a formal reinstatement proceeding, to be an appropriate level of discipline. We also find it appropriate to impose the conditions enumerated in the stipulation upon the reinstatement of Attorney Templeton's license to practice law. 8 Since this No. 2018AP2457-D matter was brought to the court in the context of an SCR 22.12 stipulation without the need to appoint a referee, we impose no costs upon Attorney Templeton. ¶18 IT IS ORDERED that the license of David P. F. Templeton to practice law in Wisconsin is suspended for a period of six months, effective the date of this order. ¶19 IT IS FURTHER ORDERED that, to the extent he has not already done so, David P. F. Templeton shall comply with the provisions of SCR 22.26 regarding the duties of a person whose license to practice law in Wisconsin has been suspended. ¶20 IT IS FURTHER ORDERED that the following conditions are imposed upon the reinstatement of David P. F. Templeton's license to practice law in Wisconsin: • Prior to filing a petition for reinstatement, Attorney Templeton will provide the OLR with signed medical releases for each treatment provider who is providing or has provided treatment, assessment, or services related to substance abuse to Attorney Templeton within the three previous years; • Prior to filing a petition for reinstatement, Attorney Templeton will undergo a substance abuse assessment that makes specific written recommendations, and demonstrate compliance with the recommendations; and • As a condition of reinstatement, Attorney Templeton will submit to monitoring as directed by the OLR and must comply with all monitoring requirements for a period of two years following reinstatement. 9 No. ¶21 IT IS FURTHER ORDERED that compliance 2018AP2457-D with conditions of this order is required for reinstatement. all See SCR 22.29(4)(c). ¶22 IT IS FURTHER ORDERED that the administrative suspension of David P. F. Templeton's license to practice law in Wisconsin, due to his failure to pay mandatory bar dues, provide the OLR trust account certification, and failure to comply with continuing legal education reporting requirements, will remain in effective until each reason for the administrative suspension has been rectified, pursuant to SCR 22.28(1). 10 No. 1 2018AP2457-D
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