Office of Lawyer Regulation v. Wendy Alison Nora

2020 WI 70, 945 N.W.2d 559, 393 Wis. 2d 359
Wisconsin Supreme Court·Decided July 14, 2020·No. 2015AP002442-D·Published·Cited by 6 cases

Opinion

2020 WI 70

SUPREME COURT OF WISCONSIN CASE NO.: 2015AP2442-D

COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Wendy Alison Nora, Attorney at Law:

Office of Lawyer Regulation, Complainant-Cross-Appellant-

Respondent,

v.

Wendy Alison Nora,

Respondent-Appellant-Cross-Respondent.

DISCIPLINARY PROCEEDINGS AGAINST NORA

OPINION FILED: July 14, 2020 SUBMITTED ON BRIEFS: ORAL ARGUMENT: October 28, 2019

SOURCE OF APPEAL:

COURT:

COUNTY:

JUDGE:

JUSTICES: Per Curiam. NOT PARTICIPATING:

ATTORNEYS:

For the respondent-appellant-cross-respondent, there were briefs filed by Wendy Alison Nora and Access Legal Services, Minneapolis, Minnesota. There was an oral argument by Wendy Alison Nora.

For the complainant-respondent-cross-appellant, there were briefs filed by Paul W. Schwarzenbart and Office of Lawyer Regulation, Madison. There was an oral argument by Paul W. Schwarzenbart.

2020 WI 70

NOTICE

This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports.

No. 2015AP2442-D

STATE OF WISCONSIN : IN SUPREME COURT

In the Matter of Disciplinary Proceedings Against Wendy Alison Nora, Attorney at Law:

Office of Lawyer Regulation, FILED Complainant-Cross-Appellant-Respondent, JUL 14, 2020

v.

Sheila T. Reiff

Clerk of Supreme Court

Wendy Alison Nora,

Respondent-Appellant-Cross-Respondent.

ATTORNEY disciplinary proceeding. Attorney's license suspended.

¶1 PER CURIAM. Attorney Wendy Alison Nora appeals from various interlocutory orders and a final report issued by the referee, Attorney James Winiarski. Attorney Nora challenges the conduct of the proceeding by the Office of Lawyer Regulation (OLR) and Referee Winiarski, as well as the referee's findings of fact and his legal conclusions that she engaged in

professional misconduct as alleged in Counts 2, 3, and 5 of the OLR's second amended complaint. She also challenges his

recommendation that this court should suspend her license to practice law in Wisconsin for a period of two years.

¶2 The OLR has filed a cross-appeal from the referee's legal conclusions that Counts 1 and 4 of its second amended complaint should be dismissed on due process grounds because those counts failed to specify which subsections of Supreme Court Rule (SCR) 20:3.1(a) Attorney Nora's conduct had violated.

¶3 We reject Attorney Nora's arguments on appeal and conclude that the OLR proved violations of the Rules of Professional Conduct for Attorneys on all five counts of the second amended complaint. We do not agree with the referee's conclusion that Counts 1 and 4 should be dismissed on due process grounds because we determine that Attorney Nora forfeited any due process notice challenge by not raising it before the referee. Had she raised the issue in a timely manner before the referee, the OLR could have amended its complaint to more fully specify the subsections at issue. Moreover, the

OLR's complaints did specify the particular actions by her that constituted violations of the rule. Attorney Nora had notice of

the allegations against her.

¶4 We further conclude that the appropriate level of discipline to impose upon Attorney Nora for her professional misconduct is a further two-year suspension of her license to

practice law in this state.1 Given the nature of her misconduct at issue in this proceeding, we do not require her to pay any restitution. We do, however, require that if Attorney Nora seeks the reinstatement of her license, her reinstatement petition must allege that she has made a good faith effort to pay all outstanding amounts that she personally owes as a result of sanction orders imposed by any court, and she must prove that good faith effort as one of the conditions of reinstatement.

¶5 Because the OLR has requested that we not impose the costs of this proceeding on Attorney Nora, we do not impose any costs.

¶6 Attorney Nora was admitted to the practice of law in this state in June 1975. She was also licensed to practice law in the state of Minnesota in 1985. She most recently practiced law under the name Access Legal Services in Minneapolis, Minnesota.

¶7 Attorney Nora has been the subject of professional

discipline in this state on two prior occasions. In 1993 this court suspended Attorney Nora's license to practice law in

Wisconsin for 30 days, as discipline reciprocal to that imposed by the Supreme Court of Minnesota. In re Disciplinary

1Attorney Nora's license to practice law in Wisconsin is currently suspended as discipline for professional misconduct in a previous disciplinary proceeding. In re Disciplinary Proceedings Against Nora, 2018 WI 23, 380 Wis. 2d 311, 909 N.W.2d 155 (Nora II). Attorney Nora's license is also administratively suspended due to her failure to pay mandatory bar dues and her failure to file a trust account certification.

Proceedings Against Nora, 173 Wis. 2d 660, 495 N.W.2d 99 (1993) (Nora I). The misconduct that resulted in that suspension involved making misrepresentations concerning the reopening and capitalization of a bank, failing to adequately investigate the person who was to provide capital to the bank, improperly authorizing the issuance of cashier checks by the bank, bringing a frivolous claim against a bank, transferring assets of her Minnesota law partnership in an attempt to insulate those assets from collection, bringing litigation primarily as a delay tactic, and asserting a legal theory not justified by existing law. Nora I, 173 Wis. 2d at 660-61; see also In re Disciplinary Action Against Nora, 450 N.W.2d 328 (Minn. 1990).

¶8 In 2018 this court suspended Attorney Nora's license to practice law in this state for a period of one year, effective April 30, 2018. Nora II, 380 Wis. 2d 311, ¶42. In that case this court determined that the OLR had proven four counts of professional misconduct arising out of her actions in

defending a foreclosure action against her own property and in bringing three federal civil actions against the state court

judge presiding over the foreclosure action and against opposing counsel in the foreclosure action. Specifically, this court concluded that Attorney Nora had made a false statement of material fact to a tribunal, in violation of SCR 20:3.3(a)(1). Id., ¶27. We also determined that in each of the three federal actions, Attorney Nora had knowingly advanced claims that lacked a valid legal basis and had pursued the claims merely to harass

or maliciously injure another. Id., ¶¶29 and 30 (finding three violations of SCR 20:3.1(a)).

PROCEDURAL HISTORY OF THIS PROCEEDING

¶9 Some procedural facts about this disciplinary proceeding are necessary for an understanding of certain legal conclusions by the referee and of certain issues on appeal.

¶10 On November 30, 2015, the OLR filed its original complaint in this proceeding, which alleged five counts of professional misconduct by Attorney Nora arising out of two client representations. Counts 1-3 arose out of Attorney Nora's actions connected to her representation of Sheila Spencer (the Spencer matter). Count 1 alleged that Attorney Nora had violated Supreme Court Rule (SCR) 20:3.1(a) as follows:

By removing a state court foreclosure matter to the federal court after four years of litigation when there was no colorable basis for federal jurisdiction, and, by filing a frivolous motion to reconsider the order remanding the matter back to the state court, [Attorney] Nora violated SCR 20:3.1(a).

Count 2 alleged that by filing a frivolous appeal on behalf of

both her client and herself personally when she was not a party to the litigation and by engaging in an ongoing pattern of conduct to harass other parties and judicial officers and to delay the proceedings, Attorney Nora violated SCR 20:3.2. Count 3 alleged that by engaging in an ongoing pattern of conduct to harass other parties and judicial officers and to delay the

proceedings, Attorney Nora violated the Attorney's Oath in SCR 40.15, which is enforced via SCR 20:8.4(g).

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Office of Lawyer Regulation v. Wendy Alison Nora, 2020 WI 70, 945 N.W.2d 559, 393 Wis. 2d 359 (Wis. 2020).

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