Office of Lawyer Regulation v. Jevon Jones Jaconi , 372 Wis. 2d 77 ( 2016 )

2016 WI 94
SUPREME COURT OF WISCONSIN
CASE NO.: 2003AP2039-D
COMPLETE TITLE: In the Matter of Disciplinary Proceedings
Against Jevon Jones Jaconi, Attorney at Law:
Office of Lawyer Regulation,
Complainant,
v.
Jevon Jones Jaconi,
Respondent.
DISCIPLINARY PROCEEDINGS AGAINST JACONI
OPINION FILED: November 18, 2016
SUBMITTED ON BRIEFS:
ORAL ARGUMENT:
SOURCE OF APPEAL:
COURT:
COUNTY:
JUDGE:
JUSTICES:
CONCURRED:
DISSENTED:
NOT PARTICIPATING:
ATTORNEYS:
2016 WI 94
NOTICE
This opinion is subject to further
editing and modification. The final
version will appear in the bound
volume of the official reports.
No. 2003AP2039-D
STATE OF WISCONSIN : IN SUPREME COURT
In the Matter of Disciplinary Proceedings
Against Jevon Jones Jaconi, Attorney at Law:
Office of Lawyer Regulation, FILED
Complainant,
NOV 18, 2016
v.
Diane M. Fremgen
Clerk of Supreme Court
Jevon Jones Jaconi,
Respondent.
ATTORNEY reinstatement proceeding. Petition for
reinstatement from disciplinary suspension granted.
¶1 PER CURIAM. We review the report and recommendation
of Referee Richard C. Ninneman that Attorney Jevon Jones
Jaconi's petition for reinstatement of his license to practice
law in Wisconsin be granted. Upon careful of review of the
matter, we agree that Attorney Jaconi's license should be
reinstated. We also agree with the referee that Attorney
Jaconi should be required to pay the full costs of this
No. 2003AP2039-D
reinstatement proceeding, which are $2,830.82 as of August 29,
2016.
¶2 Attorney Jaconi was admitted to practice law in
Wisconsin in 1998. His license was administratively suspended
in 2003 for failure to comply with mandatory continuing legal
education (CLE) requirements. On November 7, 2003, this court
suspended Attorney Jaconi's license to practice law for one year
as discipline for 20 counts of misconduct involving seven
separate clients. The misconduct included failing to provide
competent representation; failing to act with reasonable
diligence and promptness in representing a client; failing to
keep a client informed about the status of a matter; failing to
promptly refund an unearned retainer; failing to explain a
matter to the extent reasonably necessary to permit the client
to make informed decisions regarding the representation; and
failing to take steps to the extent reasonably practicable to
protect a client's interests. In re Disciplinary Proceedings
Against Jaconi, 2003 WI 137, 267 Wis. 2d 1, 671 N.W.2d 1.
Attorney Jaconi's license is also suspended for failure to pay
State Bar of Wisconsin dues.
¶3 In October 2005, Attorney Jaconi was publicly
reprimanded for misconduct consisting of failing to explain the
basis or rate of his fee to a client in a grievance matter
pending at the time of his suspension. The client involved in
that matter filed a claim with the Wisconsin Lawyers' Fund for
Client Protection (the Fund) and was reimbursed $7,500. Public
Reprimand of Jevon Jones Jaconi, No. 2005-8 (electronic copy
2
No. 2003AP2039-D
available at
https://compendium.wicourts.gov/app/raw/001786.html).
¶4 Attorney Jaconi filed a petition for reinstatement of
his license to practice law in August of 2013. This court
denied the petition for reinstatement, agreeing with the referee
that Attorney Jaconi failed to satisfy the requirements for
reinstatement. In re Disciplinary Proceedings Against Jaconi,
2014 WI 110, 358 Wis. 2d 335, 854 N.W.2d 355.
¶5 On December 22, 2015, Attorney Jaconi filed a second
reinstatement petition. The petition alleged, among other
things, that Attorney Jaconi had complied fully with the terms
of this court's suspension order, that he had maintained
competence and learning in the law, that his conduct since the
suspension had been exemplary and above reproach, and that he
had fully complied with the requirements set forth in SCR 22.26.
¶6 The Board of Bar Examiners filed a memorandum on
January 6, 2016, stating that Attorney Jaconi was currently in
compliance with the court's CLE and ethics and professional
responsibility requirements. The Office of Lawyer Regulation
(OLR) filed a response to the petition for reinstatement on
May 26, 2016. The OLR's response stated that the OLR's director
did not oppose Attorney Jaconi's petition for reinstatement.
¶7 The referee was appointed on January 14, 2016. A
public hearing was held on July 13, 2016. Attorney Jaconi was
the only witness to testify. The referee issued his report and
recommendation on August 9, 2016, and concluded that Attorney
Jaconi has demonstrated by clear, satisfactory, and convincing
3
No. 2003AP2039-D
evidence that he has met the criteria set forth in SCR
22.31(1)(a)-(d). Accordingly, the referee recommended that the
petition be granted and Attorney Jaconi's license to practice
law in Wisconsin be reinstated. The referee noted that Attorney
Jaconi testified at the hearing that he had met all of the
requirements for reinstatement. The referee said the record
established by clear, satisfactory, and convincing evidence that
Attorney Jaconi has paid restitution in full as directed by this
court in its previous orders. Attorney Jaconi testified at the
hearing that if his license to practice law is reinstated, he
intends to continue working at his current job at ICS Cutting
Tools, Inc., and he also intends to work part-time under the
supervision of an attorney in Green Bay representing, among
others, individuals in criminal and small civil matters.
¶8 The standards that apply to all petitions seeking
reinstatement after a disciplinary suspension or revocation are
set forth in SCR 22.31(1). In particular, the petitioning
attorney must demonstrate by clear, satisfactory, and convincing
evidence that he or she has the moral character necessary to
practice law in this state, that his or her resumption of the
practice of law will not be detrimental to the administration of
justice or subversive of the public interest, and that the
attorney has complied fully with the terms of the suspension
order and of SCR 22.26. In addition, SCR 22.31(1)(c)
incorporates the statements that a petition for reinstatement
must contain pursuant to SCR 22.29(4)(a)-(m). Thus, the
4
No. 2003AP2039-D
petitioning attorney must demonstrate that the required
representations in the reinstatement petition are substantiated.
¶9 As in disciplinary proceedings, this court will affirm
a referee's findings of fact unless they are found to be clearly
erroneous. Conclusions of law are reviewed de novo. See In re
Disciplinary Proceedings Against Banks, 2010 WI 105, ¶16, 329
Wis. 2d 39, 787 N.W.2d 809. Upon review of the record, we agree
with the referee that Attorney Jaconi has established by clear,
satisfactory, and convincing evidence that he has satisfied all
the criteria necessary for reinstatement. Accordingly, we adopt
the referee's findings of fact and conclusions of law and we
accept the referee's recommendation to reinstate Attorney
Jaconi's license to practice law in Wisconsin. We further
determine, consistent with our general practice, that Attorney
Jaconi should be required to pay the full costs of this
reinstatement proceeding.
¶10 Finally, we note that Attorney Jaconi's license to
practice law is also administratively suspended for failure to
pay dues to the State Bar of Wisconsin. Although we grant his
petition for reinstatement from the disciplinary suspension and
from the administrative suspension for noncompliance with CLE
requirements, Attorney Jaconi's license to practice law in
Wisconsin remains administratively suspended for failure to pay
bar dues. Attorney Jaconi must make arrangements with the State
Bar of Wisconsin to pay all applicable dues, assessments, and
fees before he resumes the active practice of law. He need not
5
No. 2003AP2039-D
file a separate reinstatement petition with the State Bar of
Wisconsin.
¶11 IT IS ORDERED that Jevon Jones Jaconi's petition for
reinstatement of his license to practice law in Wisconsin from
the disciplinary suspension and from the administrative
suspension for noncompliance with CLE requirements is granted,
effective the day of this order.
¶12 IT IS FURTHER ORDERED that Jevon Jones Jaconi's
license to practice law in Wisconsin remains administratively
suspended for failure to pay State Bar dues.
¶13 IT IS FURTHER ORDERED that within 60 days of the date
of this order that Jevon Jones Jaconi shall pay to the Office of
Lawyer Regulation costs in the amount of $2,830.82.
¶14 IT IS FURTHER ORDERED that compliance with all of the
terms of this order remain a condition of Jevon Jones Jaconi's
license to practice law in Wisconsin.
6
No. 2003AP2039-D
1