Office of Lawyer Regulation v. Jevon Jones Jaconi
2016 WI 94
| Wis. | 2016Background
- Jevon Jones Jaconi was admitted in 1998; in 2003 this court imposed a one‑year disciplinary suspension for 20 counts of professional misconduct (competence, diligence, client communication, unearned retainer, failure to protect client interests).
- License was also administratively suspended in 2003 for failure to comply with CLE, and later for failure to pay State Bar dues.
- Jaconi filed a first petition for reinstatement in 2013 which the court denied. He filed a second petition on December 22, 2015.
- The Board of Bar Examiners reported Jaconi was then in compliance with CLE and ethics requirements; the Office of Lawyer Regulation did not oppose reinstatement.
- A referee held a public hearing (July 13, 2016), found Jaconi met the SCR 22.31(1) reinstatement criteria by clear, satisfactory, and convincing evidence, and recommended reinstatement; Jaconi testified he had paid restitution and intended supervised, part‑time practice if reinstated.
- The Supreme Court adopted the referee’s findings, granted reinstatement from the disciplinary suspension and the CLE administrative suspension, required payment of reinstatement costs ($2,830.82), but left Jaconi’s license administratively suspended until State Bar dues are paid.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jaconi met SCR 22.31(1) standards for reinstatement (moral character, not detrimental to justice, compliance with suspension and SCR 22.26) | Jaconi: has complied with prior orders, paid restitution, maintained competence, exemplary conduct since suspension | OLR: did not oppose reinstatement (no contested argument against reinstatement) | Court: Adopted referee — Jaconi met standards; reinstatement granted |
| Whether Jaconi must pay costs of the reinstatement proceeding | Jaconi: did not contest paying costs at hearing (no persuasive objection) | OLR/Referee: recommended full costs be assessed to Jaconi | Court: Ordered Jaconi to pay $2,830.82 within 60 days |
| Effect of other administrative suspensions (CLE and State Bar dues) on reinstatement | Jaconi: sought reinstatement from disciplinary and CLE suspensions; asserted compliance with CLE | State Bar: dues unpaid — administrative suspension remains | Court: Granted reinstatement from disciplinary and CLE suspensions but license remains administratively suspended for unpaid State Bar dues until he pays; no separate State Bar petition required |
Key Cases Cited
- In re Disciplinary Proceedings Against Jaconi, 267 Wis. 2d 1, 671 N.W.2d 1 (2003) (original disciplinary suspension explaining underlying misconduct)
- In re Disciplinary Proceedings Against Banks, 329 Wis. 2d 39, 787 N.W.2d 809 (2010) (standard of review: referee fact findings affirmed unless clearly erroneous; conclusions of law reviewed de novo)