Office of Lawyer Regulation v. Maria J. Schreier
2013 WI 35
| Wis. | 2013Background
- Attorney Schreier admitted to 20 counts of professional misconduct arising from extensive criminal convictions (2008–2011) and related conduct; misconduct included dishonesty, criminal acts, failure to report convictions, and failure to cooperate with authorities.
- OLR filed complaint Feb. 21, 2012 seeking discipline for 20 counts; the misconduct largely stemmed from substance abuse during the period.
- Prior license suspension (2004–2011) for noncooperation with OL R; current Wisconsin license suspended for nonpayment of dues and CLE noncompliance.
- In March 2012 the parties stipulate to a one-year suspension, but the court rejected this stipulation in June 2012 for the severity of misconduct and need for rehabilitation conditions.
- A second stipulation admitted to all counts and proposed a two-year suspension with no reinstatement conditions; the referee adopted this recommendation, and the court later reviewed it without appeal.
- Court ultimately imposed a 30-month suspension with conditions for reinstatement focused on rehabilitation, plus $1,403.04 in costs and compliance with SCR 22.26 and 22.29(4)(c).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is a 30-month suspension appropriate given the misconduct? | Schreier's extensive misconduct warrants substantial discipline. | Schreier's rehabilitation and prior sobriety justify a shorter suspension. | Yes; 30-month suspension warranted. |
| Should conditions for reinstatement address rehabilitation from substance abuse? | Conditions are necessary to protect the public and ensure rehabilitation. | Existing rehabilitation efforts suffice without reinstatement-specific conditions. | Yes; detailed conditions required for any future reinstatement. |
| Should costs be awarded to the OLR, and in what amount? | Costs reasonably incurred due to proceedings. | Costs should reflect extraordinary circumstances. | $1,403.04 awarded; reduction due to extraordinary circumstances. |
Key Cases Cited
- Compton, 329 Wis.2d 318 (2010 WI 112) (serious misconduct justifies substantial suspension; cocaine-related conduct cited)
- Broadnax, ? Wis.2d ? (1999 WI) (two-year suspension for cocaine use and related misconduct)
- Soldon, 324 Wis.2d 4 (2010 WI 27) (six-month suspension for retail theft and fleeing officer)
- George, 308 Wis.2d 50 (2008 WI 21) (two-year suspension for federal conviction-related misconduct)
- Burke, 300 Wis.2d 198 (2007 WI) (two-year suspension after felony misconduct in public office)
- Gral, 299 Wis.2d 160 (2007 WI) (three-year suspension after federal misconduct)
- Sostarich, 282 Wis.2d 712 (2005 WI) (18-month suspension for conspiracy involving federal program funds)
- Eisenberg, 269 Wis.2d 43 (2004 WI) (de novo review of referee findings; sanctions flexible by court)
- Widule, 261 Wis.2d 45 (2003 WI) (court may impose sanctions different from referee)