Office of Lawyer Regulation v. Brandt
808 N.W.2d 687
Wis.2012Background
- OLR filed SCR 20:8.4(b) complaint based on Brandt's Minnesota DWI felony within ten years of prior impaired driving incidents.
- Stipulation admitted facts and misconduct and proposed discipline; Wisconsin Supreme Court adopted it without a referee.
- Brandt has a lengthy disciplinary history with reprimands in 1994, 2003, 2004, and 2009.
- Minnesota case: Jan. 26, 2010 complaint; June 2, 2010 plea to second felony; Sept. 3, 2010 sentence with probation and jail-related conditions.
- Court imposed four-month suspension effective March 12, 2012, plus conditions including alcohol assessment, treatment compliance, medical authorizations, monitoring, and abstinence requirement.
- Court added an additional abstinence condition in response to December 2011 show-cause order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a four-month suspension is appropriate discipline | OLR supports four-month suspension per stipulation | Brandt concedes the stipulated discipline and seeks approval | Yes; four-month suspension affirmed with conditions |
| Whether abstinence should be required during resumption | OLR requests abstinence as treatment/monitoring condition | Brandt objects to additional restrictions beyond stipulation | Yes; abstinence condition added as part of discipline |
| Whether prior disciplinary history justifies harsher discipline | Progressive discipline supports harsher sanction given prior misconduct | Brandt argues recommendation follows from stipulation | Yes; court notes progression and similar 2009 misconduct justify harsher discipline |
| Whether costs should be awarded | OLR requests no costs; stipulation states not seeking costs | Not applicable | Costs not required to be paid by Brandt |
Key Cases Cited
- In re Disciplinary Proceedings Against Brandt, 266 Wis. 2d 47 (Wis. 2003) (public reprimand under prior misconduct and conditions (2003 WI 138))
- In re Disciplinary Proceedings Against Brandt, 317 Wis. 2d 266 (Wis. 2009) (public reprimand with abstinence condition; later misconduct)
- In re Nussberger, 296 Wis. 2d 47 (Wis. 2006) (progressive discipline considerations for lawyer misconduct)