809 N.W.2d 379
Wis.2012Background
- Minnesota suspended Eichhorn-Hicks for one year in 2000 for professional misconduct including trust account misuses and false statements; he did not report the suspension to Wisconsin OLR.
- Minnesota publicly reprimanded Eichhorn-Hicks in 2009 and placed him on two years of probation; he did not timely inform Wisconsin OLR.
- Wisconsin OLR filed a complaint Oct 5, 2011 requesting that Wisconsin impose reciprocal discipline identical to Minnesota's orders.
- Eichhorn-Hicks admitted to Minnesota misconduct and argued Wisconsin should not impose reciprocal discipline or retroactively apply it.
- The court imposed reciprocal discipline: public reprimand and one-year Wisconsin suspension prospective from Apr 2, 2012, and declined to impose costs; probation not extended since Minnesota probation expired in 2011.
- The decision relied on SCR 22.22(3) to impose identical discipline absent certain exceptions and concluded retroactivity would be punitive and misaligned with the failure to notify Wisconsin authorities.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wisconsin must impose reciprocal discipline identical to Minnesota's orders. | OLR argues reciprocal discipline required. | Eichhorn-Hicks argues retroactivity punishes him and that Wisconsin cannot coterminously suspend. | Yes; Wisconsin imposes reciprocal discipline. |
| Whether the one-year suspension should be retroactive to 2000 or prospective. | OLR argues retroactivity would be inappropriate and allow avoidance of Wisconsin discipline. | Eichhorn-Hicks contends retroactivity would be punitive since he did not practice in Wisconsin during that period. | Prospective suspension; not retroactive to 2000. |
| Whether probation from Minnesota should be mirrored or considered. | OLR notes Minnesota imposed probation; Wisconsin should acknowledge discipline. | Eichhorn-Hicks contends no separate Wisconsin probation should be imposed. | No Wisconsin probation imposed; Minnesota probation had expired. |
Key Cases Cited
- In re Disciplinary Action Against Eichhorn-Hicks, 615 N.W.2d 356 (Minn. 2000) (Minnesota suspension based on admission and stipulation)
- In re Disciplinary Action Against Eichhorn-Hicks, 767 N.W.2d 20 (Minn. 2009) (Minnesota public reprimand and two-year probation based on admission and stipulation)
- In re Disciplinary Proceedings Against Nickitas, 289 Wis. 2d 18 (Wis. 2006) (coterminous suspension issues; failure to notify state authorities)
- In re Disciplinary Proceedings Against Rhees, 263 Wis. 2d 703 (Wis. 2003) (public policy and reciprocity considerations)
- In re Moree, 275 Wis. 2d 279 (Wis. 2004) (probationary procedures and reciprocal discipline)