Office of Lawyer Regulation v. Brett R. Blomme

2022 WI 80, 982 N.W.2d 100, 405 Wis. 2d 122

• Court: Wisconsin Supreme Court
• Decided: November 25, 2022
• Docket: 2022AP000998-D
• Status: Published

Opinion

2022 WI 80

SUPREME COURT OF WISCONSIN CASE NO.: 2022AP998-D

COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Brett R. Blomme, Attorney at Law:

Office of Lawyer Regulation, Complainant, v. Brett R. Blomme, Respondent.

DISCIPLINARY PROCEEDINGS AGAINST BLOMME

OPINION FILED: November 25, 2022 SUBMITTED ON BRIEFS: ORAL ARGUMENT:

SOURCE OF APPEAL: COURT: COUNTY: JUDGE:

JUSTICES: Per Curiam. ZIEGLER, C.J., filed a concurring opinion, in which REBECCA GRASSL BRADLEY, HAGEDORN, and KAROFSKY, JJ., joined. ROGGENSACK, J., filed a concurring opinion in which REBECCA GRASSL BRADLEY and KAROFSKY, JJ., joined. NOT PARTICIPATING:

ATTORNEYS: 2022 WI 80 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2022AP998-D

STATE OF WISCONSIN : IN SUPREME COURT

In the Matter of Disciplinary Proceedings Against Brett R. Blomme, Attorney at Law:

Office of Lawyer Regulation, FILED Complainant, NOV 25, 2022 v. Sheila T. Reiff Clerk of Supreme Court Brett R. Blomme,

Respondent.

ATTORNEY disciplinary proceeding. Attorney's license

revoked.

¶1 PER CURIAM. Attorney Brett R. Blomme has filed a

petition for the consensual revocation of his license to

practice law in Wisconsin pursuant to Supreme Court Rule (SCR)

22.19. Attorney Blomme's petition states that he cannot

successfully defend against an Office of Lawyer Regulation (OLR)

investigation of professional misconduct related to his

conviction, entered following a guilty plea, of two federal

felonies; namely, two counts of distribution of child pornography in violation of 18 U.S.C. §§ 2252(a)(2). Attorney No. 2022AP998-D

Blomme's petition attaches the OLR's summary of misconduct being

investigated. The OLR's misconduct summary attaches a number of

documents, including a copy of Attorney Blomme's federal

sentencing transcript.

¶2 Attorney Blomme was admitted to the practice of law in

Wisconsin in 2010. He has not previously been the subject of

professional discipline. However, his law license is currently

administratively suspended for failure to pay state bar dues and

failure to comply with trust account certification requirements.

The OLR also sought and obtained a summary suspension of

Attorney Blomme's law license in early 2022, as described in

more detail below.

¶3 According to information obtained from the court's

file of the proceedings in this matter, the CCAP and WSCCA

websites,1 and the materials attached to the OLR's misconduct

summary, in March 2021, the State filed a criminal complaint

against Attorney Blomme alleging that he possessed child

pornography during a time period in which he served as a judge in the Children's Division of Milwaukee County Circuit Court

("Children's Court"). On the same day the State filed the

criminal complaint, this court issued an order temporarily

prohibiting Attorney Blomme from exercising the powers of a

circuit court judge and temporarily withholding his judicial

salary, effective the date of the order and until further order

CCAP is an acronym for Wisconsin's Consolidated Court 1

Automation Programs. WSCCA is an acronym for Wisconsin Supreme Court and Court of Appeals Access. These government websites reflect information entered by court staff. 2 No. 2022AP998-D

of the court. See Wis. Const. art. VII, § 3(1) (conferring

this court with superintending and administrative authority over

all courts in the state).

¶4 In May 2021, Attorney Blomme was charged in federal

court with two counts of distributing child pornography. He

later pled guilty to both counts. In December 2021, Attorney

Blomme was convicted and sentenced in federal court to 108

months in prison on each count, to be served concurrently,

followed by 20 years of supervised release. According to CCAP

records, shortly after Attorney Blomme's federal conviction and

sentencing, the state charges against Attorney Blomme were

dismissed.

¶5 In January 2022, the OLR moved under SCR 22.20 for a

summary suspension of Attorney Blomme's Wisconsin law license

based on his federal conviction. On February 16, 2022, this

court granted the motion and suspended Attorney Blomme's law

license until further order of the court. In May 2022, this

court found good cause to continue this summary suspension. See SCR 22.20(6) (providing that, within two months of the effective

date of a summary suspension, the OLR is required to either file

a disciplinary complaint or show cause why the summary

suspension should continue). Attorney Blomme's law license

remains suspended.

¶6 According to the OLR's misconduct summary, the OLR has

concluded that Attorney Blomme's conduct leading to his federal

conviction for distributing child pornography violated SCR 20:8.4(b). See id. (providing that "[i]t is professional 3 No. 2022AP998-D

misconduct for a lawyer to commit a criminal act that reflects

adversely on the lawyer's honesty, trustworthiness or fitness as

a lawyer in other respects").

¶7 In his petition for consensual revocation, Attorney

Blomme asserts that he is seeking the consensual revocation of

his license freely, voluntarily, and knowingly. He states that

he cannot successfully defend himself against the allegations of

misconduct set forth above and more fully described in the OLR's

summary. He understands that he is giving up his right to

contest the allegations referenced in the OLR's misconduct

summary. He acknowledges that if the court grants the petition

and revokes his license, he will be subject to the requirements

of SCR 22.26 and, should he ever wish to seek the reinstatement

of his license, the reinstatement procedure set forth in SCRs

22.29-22.33. He acknowledges that he is represented by counsel

in this disciplinary matter.

¶8 The OLR has filed a recommendation on Attorney

Blomme's petition for consensual license revocation. The OLR notes that Attorney Blomme was serving as a Milwaukee County

Children's Court judge at the time of the misconduct; that his

crimes were "extraordinarily serious, by their nature and by

virtue of the position Blomme held"; and that "his misconduct

brought tremendous disrepute to the legal profession and the

courts." The OLR states that revocation is warranted and

necessary.

¶9 Having reviewed Attorney Blomme's petition for consensual revocation, the OLR's misconduct summary, and the 4 No. 2022AP998-D

OLR's recommendation on Attorney Blomme's petition, we accept

Attorney Blomme's petition for the consensual revocation of his

Wisconsin law license. We note that, according to the federal

sentencing transcript attached to the OLR's misconduct summary,

the sentencing judge described some of the child pornography

involved in Attorney Blomme's case as "the worst of the worst."

The judge also noted that Attorney Blomme's wrongdoing "wasn't

just the possession" but also "the selection and distribution of

particularly virulent child pornography." The judge also voiced

concern that Attorney Blomme "committed [his] crimes in part at

the courthouse" where he was responsible for cases involving

children who had been abused. The judge described Attorney

Blomme's behavior as "a huge stain on the reputation of the

judiciary."

¶10 This is clearly the type of criminal conduct that "is

so revealing of character defects, and so undermines public

confidence in the legal profession, that it necessarily reflects

adversely on an attorney's fitness as a lawyer." See In re Disciplinary Proceedings Against Johns, 2014 WI 32, ¶38, 353

Wis. 2d 746, 847 N.W.2d 179, citing In re Disciplinary

Proceedings Against Inglimo, 2007 WI 126, ¶51, 305 Wis. 2d 71,

740 N.W.2d 125 (attorney's illegal drug use with clients showed

"a disregard for the law" that "reflect[ed] adversely not only

on the lawyer's fitness, but on the profession as a whole").

The seriousness of Attorney Blomme's criminal conduct in

distributing child pornography is magnified by the fact that it occurred during a time in which he served as a circuit court 5 No. 2022AP998-D

judge——a Children's Court judge, no less. Public trust in our

court system depends upon public trust in the integrity of its

judges. Attorney Blomme's blatant disregard for the law during

the time he sat on the judicial bench jeopardizes public

confidence in the courts and reflects adversely on the entire

bar. See In re Disciplinary Proceedings Against Penn, 201

Wis. 2d 405, 406, 548 N.W.2d 526 (1996) (noting that the

seriousness of a district attorney's illegal drug use was

"exacerbated by the fact that it occurred in the context of his

official position as district attorney, a position of public

trust in the legal system to which the people of his county

elected him," and thereby "caused significant and unjustified

damage to the public's perception of the integrity of law

enforcement personnel throughout the county.")

¶11 Given the egregious nature of Attorney Blomme's

misconduct, anything less than a revocation of his law license

would unduly depreciate the seriousness of his misconduct, fail

to protect the public and the court system from further misconduct, and inadequately deter similar misbehavior by other

attorneys. Revocation is clearly deserved.2

¶12 Because this matter is being resolved via a petition

for consensual revocation without the need to appoint a referee

or hold an extensive hearing, we do not impose costs on Attorney

Blomme. No restitution was sought and none is ordered.

Although three justices join the concurrence authored by 2

Chief Justice Ziegler, that fact does not effect a change to our current rule governing license revocation. See SCR 22.29(2).

6 No. 2022AP998-D

¶13 IT IS ORDERED that the petition for consensual license

revocation is granted.

¶14 IT IS FURTHER ORDERED that the license of Brett R.

Blomme to practice law in Wisconsin is revoked, effective the

date of this order.

¶15 IT IS FURTHER ORDERED that, to the extent he has not

already done so, Brett R. Blomme shall comply with the

provisions of SCR 22.26 concerning the duties of a person whose

license to practice law in Wisconsin has been revoked.

¶16 IT IS FURTHER ORDERED that the administrative

suspension of Brett R. Blomme's license to practice law in

Wisconsin, due to his failure to pay state bar dues and failure

to comply with trust account certification requirements, will

remain in effect until each reason for the administrative

suspension has been rectified pursuant to SCR 22.28(1).

7 No. 2022AP998-D.akz

¶17 ANNETTE KINGSLAND ZIEGLER, C.J. (concurring). I

concur in the court's order revoking Attorney Blomme's license

to practice law in Wisconsin. I write separately to point out

that in Wisconsin the "revocation" of an attorney's law license

is not truly revocation because the attorney may petition for

reinstatement after a period of five years. See SCR 22.29(2).

The facts of this case demonstrate the kind of lawyer conduct

that warrants revocation, with no ability to seek reinstatement.

I believe that when it comes to lawyer discipline, courts should

say what they mean and mean what they say. We should not be

creating false perceptions to both the public and to the lawyer

seeking to practice law again. See In re Disciplinary

Proceedings Against Moodie, 2020 WI 39, 391 Wis. 2d 196, 942

N.W.2d 302 (Ziegler, J., dissenting). And, as I stated in my

dissent to this court's order denying Rule Petition 19-10, In

the Matter of Amending Supreme Court Rules Pertaining to

Permanent Revocation of a License to Practice Law in Attorney

Disciplinary Proceedings, I believe there may be rare and unusual cases that would warrant the permanent revocation of an

attorney's license to practice law. See S. Ct. Order 19-10

(issued Dec. 18, 2019) (Ziegler, J., dissenting).

¶18 For the foregoing reasons, I respectfully concur.

¶19 I am authorized to state that Justices REBECCA GRASSL

BRADLEY, BRIAN HAGEDORN, and JILL J. KAROFSKY join this

concurrence.

1 No. 2022AP998-D.pdr

¶20 PATIENCE DRAKE ROGGENSACK, J. (concurring). I agree

with the court's decision today to revoke the law license of

Brett R. Blomme. I write separately to address my concern over

the lack of action taken by the Judicial Commission.

¶21 In our decision today, the court notes in closing what

we do and do not decide. Attorney Blomme is before us only as a

member of the bar, not as a judicial officer who presided in

children's court. He committed criminal misconduct involving

child pornography while he held judicial office, and acted, in

part, from within the courthouse itself. Although today we

revoke Attorney Blomme's law license, it causes me to pause and

consider the lack of action by the Judicial Commission.

¶22 Blomme was arrested on March 16, 2021, and did not

formally resign his seat on the Milwaukee County Circuit Court

until much later, on September 1, 2021. In all that time, the

Judicial Commission took no public action.

¶23 Over 600 days have passed since Blomme was arrested at

his residence and taken into custody on March 16, 2021. Blomme was formally charged in Dane County Circuit Court with seven

felony counts of possession of child pornography on March 17,

2021 (Dane County Case No. 2021CF647). Blomme made his initial

appearance in Dane County Circuit Court on March 17, when he was

released on signature bond.

¶24 Also on March 17, 2021, this court took immediate

action and issued an order "temporarily prohibit[ing]" Blomme

from exercising the powers of a circuit court judge in the State of Wisconsin and temporarily withholding his judicial salary

"effective [March 17, 2021] and until further order of the

court." The Judicial Commission took no public action.

¶25 About two months later, on May 12, 2021, Blomme was

indicted on federal charges. The federal indictment set out two

felony child pornography distribution charges. See United

States v. Blomme, No. 21-cr-49-jdp (W.D. Wis.). He was

arraigned in federal court on May 19, 2021, and was ordered to

be detained and taken into federal custody. Still, the Judicial

Commission took no public action.

¶26 Nearly four months after the federal indictment, and

nearly six months after the state charges were filed in Dane

County Circuit Court, on September 1, 2021, Blomme formally

resigned his seat on the Milwaukee County Circuit Court. Later

that month, on September 28, 2021, Blomme (while still in

federal custody) entered guilty pleas to two counts of felony

child pornography distribution in the United States District

Court for the Western District of Wisconsin. On December 22,

2021, Blomme was sentenced to 108 months in prison on each count, to be served concurrently, followed by 20 years of

supervised release.

¶27 Under Blomme's plea agreement, the Dane County case

was dismissed after he was sentenced in federal court. The

Judicial Commission took no action.

¶28 As stated earlier, it appears over 600 days have

passed from the date Blomme was arrested in March of 2021.

Notably, no public action was ever taken by the Judicial

2 No. 2022AP998-D.pdr

Commission. The Judicial Commission protects the public. I am

concerned by their inaction.

¶29 I am authorized to state that Justices REBECCA GRASSL

BRADLEY and JILL J. KAROFSKY join this concurrence.

3 No. 2022AP998-D.pdr