Office of Lawyer Regulation v. Roitburd, 368 Wis. 2d 595

Attorney Roitburd was admitted in 1984 with no prior discipline; the OLR filed a complaint on December 5, 2014 alleging three counts of professional misconduct tied to his role as personal representative of his mother's estate.
The OLR sought a default judgment for Roitburd's failure to respond to the complaint and to cooperate with the investigation.
The referee recommended default judgment, a two-year license suspension, restitution of $43,369.74 to the Roitburd Estate, and full costs of $1,120.29.
The court ultimately affirmed in part and modified the sanction, imposing a 60-day suspension instead of two years, and denying restitution but conditioning reinstatement on satisfaction of the circuit court judgment.
The court also ordered Roitburd to pay the full costs of the proceeding.
Roitburd’s temporary license suspension for non-cooperation was lifted and reinstatement conditions were set.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Roitburd’s default supports a discipline sanction	OLR sought two-year suspension based on default	Roitburd did not participate; no additional evidence	Default established; misconduct proven but sanction reduced to 60 days
Whether a 60-day suspension is appropriate	OLR and referee urged two-year suspension	Based on lack of cooperation and estate mismanagement, longer sanction warranted	60-day suspension appropriate under the circumstances
Whether restitution to the Roitburd Estate should be ordered	Restitution of $43,369.74 warranted	Circuit court already ordered restitution; duplicative here	Restitution denied; but reinstatement conditioned on satisfying circuit court judgment
Whether Roitburd must pay the proceeding costs	Costs should be borne by Roitburd		Ro itburd must pay full costs of proceeding
Whether reinstatement conditions are met	Reinstatement should require satisfaction of circuit court judgment	Reinstatement contingent on compliance with all conditions	Reinstatement conditioned on demonstrating satisfaction of the circuit court judgment

In re Disciplinary Proceedings Against Eisenberg, 269 Wis.2d 43 (2004 WI 14) (clear standard for reviewing referee findings; default and sanction considerations)
In re Disciplinary Proceedings Against Widule, 261 Wis.2d 45 (2003 WI 34) (de novo review of discipline; no deference to referee on sanctions)
In re Disciplinary Proceedings Against Carroll, 248 Wis.2d 662 (2001 WI 130) (court may determine appropriate discipline independent of referee's recommendation)
In re Disciplinary Proceedings Against Fitzgerald, 314 Wis.2d 7 (2008 WI 101) (60-day suspension for multiple misconduct counts; cooperative vs. noncooperative factors considered)
In re Disciplinary Proceedings Against Osicka, 353 Wis.2d 656 (2014 WI 33) (60-day suspension for default to a four-count complaint)
In re Disciplinary Proceedings Against Lamb, 338 Wis.2d 1 (2011 WI 101) (60-day suspension following multiple counts of misconduct)