In re Disciplinary Proceedings Against Conway

498 N.W.2d 393, 174 Wis. 2d 832, 1993 Wisc. LEXIS 366
CourtWisconsin Supreme Court
DecidedApril 26, 1993
DocketNo. 91-0981-D
StatusPublished
Cited by2 cases

This text of 498 N.W.2d 393 (In re Disciplinary Proceedings Against Conway) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Disciplinary Proceedings Against Conway, 498 N.W.2d 393, 174 Wis. 2d 832, 1993 Wisc. LEXIS 366 (Wis. 1993).

Opinion

PER CURIAM.

Attorney disciplinary proceeding; attorney's license revoked.

Attorney James T. Conway appealed the referee's findings of fact and conclusions that he engaged in professional misconduct and her recommendation that Attorney Conway's license to practice law in Wisconsin be revoked as discipline for that misconduct. The misconduct included Attorney Conway's having made false or reckless statements concerning the integrity of a cir[834]*834cuit judge, failing to provide competent representation to a client in an action before that judge and in a subsequent appeal, practicing law while his license was suspended and failing to cooperate with the Board of Attorneys Professional Responsibility in its investigation of several grievances complaining of his conduct in this matter.

We determine that the recommended license revocation is appropriate discipline to impose for Attorney Conway's misconduct. This is not the first occasion the court has had to discipline him for similar misconduct. Here, Attorney Conway again has shown that he is unfit to be licensed to represent others in the legal system.

Attorney Conway was licensed to practice law in Wisconsin in 1957 and practiced in Janesville. The court revoked his license in 1977 as discipline for failure to act properly and timely as attorney for the personal representative in five estates and his unprofessional and uncooperative conduct in the disciplinary proceeding in which that professional misconduct was considered. Disciplinary Proceedings Against Conway, 80 Wis. 2d 268, 258 N.W.2d 717. After the court reinstated his license in 1989, he was suspended from the practice of law in June, 1992 for failure to comply with continuing legal education requirements. In the course of this proceeding, the court suspended his license to practice law temporarily in response to the referee's report in which it was noted that Attorney Conway had told staff of the State Bar of Wisconsin that he intended to continue practicing law even though he had not paid the assessments imposed by court rule for the operation of its two attorney boards. The referee also noted in that report Attorney Conway's refusal to participate in the Board's investigation and his demonstrated disregard for the court's authority to regulate attorney conduct.

[835]*835Following a disciplinary hearing, the referee, Attorney Linda S. Balisle, made the following findings of fact. In May, 1989, Attorney Conway undertook the representation of a woman in a paternity case involving custody, physical placement and support of a child. The proceeding was assigned to the Honorable John H. Lussow, circuit judge for Rock county, and Attorney Tod Daniel was appointed guardian ad litem for the child. During his representation in that proceeding, Attorney Conway did the following:

— He wrote a letter to Attorney Daniel stating that the guardian ad litem "seem[ed] to have the judge in [his] hip pocket" and said that the guardian and the judge should "quit [their] vendetta" against his client.
— He filed an affidavit alleging that it was the court's intent to "nail" his client.
— He filed a petition for supervisory writ in the Court of Appeals, alleging that the circuit court "showed nothing but incompetency," "wasn't the least bit interested in the child," "was proceeding with its vendetta against the mother," "had lost control of not only the court but of itself personally," and that the judge was "out for revenge against the mother and he was going to get it at any price."
— He filed a notice of appeal in which he compared the Rock county court system to "Nazi Germany revisited," referred to the court's findings of fact as "a ruse used by this court to conceal its incompetency," cited portions of the court's findings as " indicating] the extent to which this incompetent court will go to cover its incompetence" and referred to the trial court's "vendetta" against his client and [836]*836to a "continuing conspiracy" by the court to take the child from her.
— He filed a brief in the Court of Appeals in which he stated that the court "has reduced this mother to a prostitute subject to the pimpous acts of the trial court," that the court was not interested in the child but "just interested in punishing the mother," that the judge "was not using a full deck when he was playing this game with the mother," that "the GAL, and the court have now conspired to put it to this mother and take the child away from her at any and all costs to her," that the trial court "reaches the pinnacle of stupidity and egotistical incompetence," that the court "has sold this child to the highest bidder" and that it was "doing nothing but crucifying this mother and trying to break her mentally." In an order issued in that appeal, the Court of Appeals found those statements in the brief scurrilous and disrespectful of the circuit court.

In July, 1990, the paternity action was transferred to Dane county and assigned to the Honorable Gerald Nichol. During an August 3, 1990 telephone conference with the judge and other counsel, Attorney Conway used profanity and abruptly terminated the conference call by hanging up before Judge Nichol had completed the conference. The referee found that behavior disrespectful to the court.

In the course of representing his client in the paternity action, Attorney Conway sought a supervisory writ from the Court of Appeals asking that it return the child to the mother and appoint a committee to investigate the case. As the referee noted, the Court of Appeals has no authority to appoint an investigative committee or to order a change of custody by supervisory writ.

[837]*837Attorney Conway also filed an appeal of the circuit court's decision and submitted a 76-page docketing statement that did not assert a proper basis for the appellate court's jurisdiction. The Court of Appeals ordered the parties to submit memoranda regarding the issue of jurisdiction, noting that if the orders appealed from were final, the time for appeal had passed and if the orders were nonfinal, they were not appealable as of right. In his response, Attorney Conway stated his belief "that a person should have the right to appeal any order of the lower court and that there can be no set rules as to when the appeal of a particular order should be taken."

The Court of Appeals found that the 159-page brief Attorney Conway subsequently submitted was in violation of the 50-page limit and otherwise did not conform to the brief specifications set forth in the appellate rules, did not contain an appendix and, while purporting to set forth at least 41 issues, cited only four cases. Even though his client prevailed in the appeal, the Court of Appeals assessed costs against Attorney Conway personally, having concluded that he filed "a scurrilous and totally inappropriate brief."

On October 31,1990, Attorney Conway was prohibited from practicing law for having failed to pay the assessments for the Supreme Court's attorney boards.

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Related

Office of Lawyer Regulation v. Riordan
2012 WI 125 (Wisconsin Supreme Court, 2012)
In re Disciplinary Proceedings Against Smith
507 N.W.2d 335 (Wisconsin Supreme Court, 1993)

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Bluebook (online)
498 N.W.2d 393, 174 Wis. 2d 832, 1993 Wisc. LEXIS 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-disciplinary-proceedings-against-conway-wis-1993.