Office of Lawyer Regulation v. Isaacson , 361 Wis. 2d 479 ( 2015 )


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    2015 WI 33
    SUPREME COURT          OF   WISCONSIN
    CASE NO.:               2014AP495-D
    COMPLETE TITLE:         In the Matter of Disciplinary Proceedings
    Against
    Naomi Dawn Isaacson, Attorney at Law:
    Office of Lawyer Regulation,
    Complainant,
    v.
    Naomi Dawn Isaacson,
    Respondent.
    DISCIPLINARY PROCEEDINGS AGAINST ISAACSON
    OPINION FILED:          March 20, 2015
    SUBMITTED ON BRIEFS:
    ORAL ARGUMENT:
    SOURCE OF APPEAL:
    COURT:
    COUNTY:
    JUDGE:
    JUSTICES:
    CONCURRED:
    DISSENTED:
    NOT PARTICIPATING:
    ATTORNEYS:
    
    2015 WI 33
                                                                         NOTICE
    This opinion is subject to further
    editing and modification.   The final
    version will appear in the bound
    volume of the official reports.
    No.     2014AP495-D
    STATE OF WISCONSIN                                 :            IN SUPREME COURT
    In the Matter of Disciplinary Proceedings
    Against Naomi Dawn Isaacson, Attorney at Law:
    Office of Lawyer Regulation,                                              FILED
    Complainant,
    MAR 20, 2015
    v.
    Diane M. Fremgen
    Clerk of Supreme Court
    Naomi Dawn Isaacson,
    Respondent.
    ATTORNEY         disciplinary      proceeding.          Attorney's         license
    suspended.
    ¶1      PER   CURIAM.     We    review   a       report    filed     by    referee
    James    G.     Curtis,   recommending     that        this     court     suspend      the
    Wisconsin law license of Attorney Naomi Dawn Isaacson for one
    year for professional misconduct consisting of engaging in a
    pattern    of    bad   faith   litigation,     including          making     false     and
    harassing       statements     toward   judges         and    others      involved       in
    litigation, and then failing to cooperate with the Office of
    Lawyer Regulation (OLR).             The referee further recommended that
    No.    2014AP495-D
    Attorney Isaacson pay the full costs of this proceeding, which
    are $6,634.96 as of December 23, 2014.
    ¶2     No appeal has been filed, so we review this matter
    pursuant to Supreme Court Rule (SCR) 22.17(2).1                 We adopt the
    referee's findings of fact and conclusions of law and agree that
    a   one-year     suspension    is   sufficient    discipline    for    Attorney
    Isaacson's misconduct.         We further agree that Attorney Isaacson
    should pay the full costs of this disciplinary proceeding.2
    ¶3     Attorney Isaacson was admitted to the practice of law
    in Minnesota in May 1999.           She was admitted to the practice of
    law in Wisconsin in September 2000.              Her Wisconsin law license
    has been suspended since May 2011 for noncooperation with the
    OLR's investigation.          She was also suspended for nonpayment of
    Wisconsin State Bar dues and failure to provide trust account
    certification, effective October 2012, and for failure to comply
    with       mandatory   continuing      legal     education      requirements,
    effective June 2014.      Her license remains suspended.
    1
    SCR 22.17(2) states:
    If no appeal is filed timely, the supreme court
    shall review the referee's report; adopt, reject or
    modify the referee's findings and conclusions or
    remand the matter to the referee for additional
    findings;   and   determine  and   impose  appropriate
    discipline.   The court, on its own motion, may order
    the parties to file briefs in the matter.
    2
    The referee explicitly noted that the fact that he
    recommended dismissal of Count Three has no relevance on the
    costs issue. We agree.
    2
    No.   2014AP495-D
    ¶4     On March 5, 2014, the OLR filed a complaint against
    Attorney     Isaacson   alleging       four   counts   of     professional
    misconduct.     James   Curtis   was    appointed   referee.       Attorney
    Isaacson never filed an answer and did not appear in the action.
    The OLR filed a motion for default judgment on August 6, 2014.
    The record reflects that, despite multiple and extensive efforts
    to provide Attorney Isaacson with notice of the default hearing,
    all efforts to contact Attorney Isaacson were unsuccessful.
    ¶5     The referee found that Attorney Isaacson was properly
    served with an authenticated copy of the complaint and order to
    answer pursuant to the provisions of SCR 22.13(1), ruled that
    all of the allegations of the complaint were deemed established
    to the standard of clear, satisfactory, and convincing evidence,
    and granted the OLR's motion for default judgment on October 20,
    2014.3     On November 24, 2014, the referee filed a report and
    recommendation addressing sanctions.
    3
    The referee noted the need for one clarification of the
    OLR's complaint, as outlined in his report and recommendation.
    The complaint alleged that on January 3, 2012, a Minnesota
    bankruptcy judge issued a bench warrant for Attorney Isaacson's
    arrest and alleged, further, that a warrant, on information and
    belief, remains active. The OLR later advised the referee that
    the bankruptcy case was concluded without further involvement by
    Attorney Isaacson and, in closing the case, the presiding judge
    quashed the warrant over the objection of the bankruptcy trustee
    and the U.S. Trustee's Office.
    3
    No.    2014AP495-D
    ¶6     The disciplinary complaint alleges violations of both
    the Wisconsin Rules of Professional Conduct for Attorneys and
    the Minnesota Rules of Professional Conduct (MRPC).4
    ¶7     First, we note that Attorney Isaacson is not alleged
    to have acted as an attorney in this disciplinary proceeding.
    Rather, she is a licensed Wisconsin attorney who engaged in
    misconduct    while     serving       in   the    capacity      as    an     officer   or
    managing    member     of    a   corporate       entity   and    its    subsidiaries.
    Specifically, Attorney Isaacson was the Chief Executive Officer
    of Dr. R. C. Samanta Roy Institute of Science and Technology,
    Inc.,     known   as        "SIST,"    together      with       its    wholly     owned
    subsidiaries and limited liability companies.5                         The complaint
    identifies several somewhat interrelated litigation proceedings
    4
    SCR 20:8.5 contains a choice of law provision that governs
    when the court applies the rules of professional conduct of
    another jurisdiction in attorney discipline matters.          For
    conduct in connection with a matter pending before a tribunal,
    the rules of the jurisdiction in which the tribunal sits are
    applied.    SCR 20:8.5(b)(1).     The misconduct alleged herein
    occurred in connection with matters pending before tribunals in
    both Minnesota and Wisconsin, so the rules of both jurisdictions
    apply.
    5
    These entities include:    U.S. Acquisitions & Oil, Inc.
    ("USAO"); Midwest Oil of Wisconsin, LLC; Midwest Oil of Shawano,
    LLC; Midwest Oil of Minnesota, LLC; and Midwest Properties of
    Shawano, LLC.    Attorney Isaacson has described her roles as
    "President" of USAO and "Managing Member" of the subsidiary LLCs
    and others, including Midwest Amusement Park, LLC and Midwest
    Oil of Anoka, LLC.     She has also identified herself as the
    President of Yehud-Monosson USA, Inc.    Attorney Rebekah Mariya
    Nett acted as counsel of record for SIST and its subsidiaries in
    various litigation cases in which Attorney Isaacson was a
    corporate representative.
    4
    No.    2014AP495-D
    in    which    Attorney     Isaacson    participated.       She     prepared         and
    signed affidavits, declarations, or responses in these matters
    which were filed on her behalf.                 The core of the complaint is
    that Attorney Isaacson's statements in these documents had no
    apparent purpose other than to harass judicial officers, public
    officials, opposing counsel, and others based on race, creed,
    and religion.
    ¶8     As the referee observed, it is difficult to summarize
    the     verbose      and   grandiose    allegations      leveled     by       Attorney
    Isaacson against the courts generally, specific judges, other
    counsel,      appointed     officers,    and     third   parties.         The       OLR's
    complaint contains over 70 paragraphs providing detailed context
    for and quoting from specific sworn and verified statements she
    made in court filings.           A few examples must suffice to convey
    the nature of Attorney Isaacson's statements.
    ¶9 Some of the entities with which Attorney Isaacson is
    affiliated were involved in a public amusement go—cart track
    business in Shawano, Wisconsin.                In the mid—2000s, creditors of
    the go—cart track business alleged default and brought claims
    against various corporate entities.                   In 2009, USAO and SIST
    filed        for     Chapter    11      bankruptcy       protection           in     the
    U.S. Bankruptcy Court for the District of Delaware.                       The cases
    were    administered       together     with    the   simultaneous        bankruptcy
    filings of five other wholly owned subsidiaries of SIST.                              On
    September 22, 2009, these bankruptcy proceedings were dismissed.
    ¶10    On May 28, 2010, one of the aforementioned creditors,
    Southwest          Guaranty,   Ltd.,     successfully      moved         to        reopen
    5
    No.     2014AP495-D
    proceedings in Shawano County, Wisconsin.                          On July 13, 2010,
    Midwest      Properties       of     Shawano,       LLC    filed     for        Chapter    11
    bankruptcy.         In re     Midwest Properties of Shawano, LLC,                         Case
    No. 10-31515 (Bankr. E.D. Wis.).
    ¶11    On July 16, 2010, Attorney Isaacson drafted and signed
    a sworn affidavit filed in the Midwest Properties bankruptcy
    case.     Attorney Isaacson's affidavit stated, inter alia, that
    the     Shawano     Mayor     "has     wrapped       her    tentacles           around    the
    judiciary     system       including       Shawano    Municipal      judges,        Shawano
    County    judges,     Wisconsin       Appellate       Court    judges,      the     Federal
    District Court judge in Green Bay, Seventh Circuit Appellate
    Court    judges,     and     even    [the    U.S.    Bankruptcy       Court       Judge    in
    Delaware]."
    ¶12    On     August     15,    2010,      Attorney      Isaacson          personally
    prepared and signed a declaration that was filed in Southwest
    Guaranty, Ltd. v. U.S. Acquisitions & Oil, Inc., et al., Case
    No. 10-CV-596 (E.D. Wis.).             In that declaration, she stated that
    "Shawano is Neo-Nazi territory where it is believed people of
    other races and religions have no right to life," and referred
    to the "underlying White Supremacist feelings and beliefs and
    Jim   Crow    mentality       held    by    many     persons    in    Shawano."           She
    declared     that    the     "[d]efendant's         experience       of    'justice'       in
    Shawano is comparable to the 'justice' Jews experienced under
    Hitler's regime."
    ¶13    On October 12, 2010, in a written order and decision,
    the U.S. District Court remanded the USAO case to the Shawano
    County Circuit Court and agreed to impose sanctions for what the
    6
    No.    2014AP495-D
    court    described           as    "a    number       of     inflammatory         and    irrelevant
    allegations        regarding            Southwest        Guaranty,         their    counsel,      and
    various members of the Shawano community."                                  The court observed
    that "inexplicably" the matter "includes a number of detailed,
    serious, and bizarre allegations in the footnotes about certain
    members       of       the    Shawano          community,          including        judges,      city
    officials, and the mayor of Shawano."                               The court observed that
    "[t]he objectionable allegations are so fantastic and delusional
    that     no     reasonable          attorney          would        certify       that    they    have
    evidentiary support."
    ¶14    Attorney Isaacson was also involved with bankruptcy
    proceedings        pending         in        Minnesota       and    similar       documents      were
    filed    in     those        proceedings.               On    August       17,    2010,    Attorney
    Isaacson signed a declaration filed in In re Midwest Oil of
    Minnesota, LLC, Case No. 10—35450 (Bankr. D. Minn.), in which
    she stated that "[the Shawano Mayor] is involved in sending her
    cultic missionaries to other lands to destroy the family values,
    heritages, and cultures that have preserved peoples of other
    civilizations           for    thousands         of     years"       and    declared      that    the
    mayor     "is      a    member          of    the     most     dangerous,          dirtiest,      and
    deadliest death cult in human history and is a descendent of
    Martin Luther and Hitler who started and propagated the Lutheran
    cult."        Attorney            Isaacson       also        referred      to     the    bankruptcy
    trustee as "a visceral racist," an "ignoramus," and "a member of
    this most dangerous, dirtiest, and deadliest death cult in human
    history as well."
    7
    No.     2014AP495-D
    ¶15     On August 18, 2010, at a hearing on the                           trustee's
    motion to dismiss the Midwest Oil case, the presiding bankruptcy
    judge commented on the pleadings, which included an Attorney
    Isaacson document, "which in my time on the bench are among the
    worst and most scurrlious [sic], defamatory pleadings I have
    ever seen from a lawyer."
    ¶16     On March 23, 2011, Yehud—Monosson USA, Inc. filed for
    Chapter   11    bankruptcy   in    the   U.S.     Bankruptcy          Court    for    the
    Southern District of New York, Case No. 11-11278.                       On April 12,
    2011, Attorney Isaacson drafted and signed a sworn affidavit in
    which she averred that "[t]rying a matter in Minnesota is like
    sending the Jews back to Germany during the Holocaust."
    ¶17     On April 13, 2011, over the debtor's objections, the
    Yehud-Monosson       bankruptcy    was       transferred       from    New     York   to
    Minnesota      and   converted     to    a     Chapter     7    proceeding.            On
    October 19,     2011,   Attorney     Isaacson     signed       a   sworn      affidavit
    that was filed with the court in which she stated that the
    bankruptcy trustee was making false, defamatory, scandalous, and
    misleading     statements    to    the       court.      Eventually,           contempt
    proceedings     were    brought    against       Attorney       Isaacson,       and    on
    November 10, 2011,        Attorney Isaacson           swore to and signed an
    affidavit in which she claimed that the trustee "lied to the
    court" and "persisted in her perjurious conduct," and stated
    that "[o]bviously, like her dirty bible, [the trustee] is full
    of lies and deceit."
    ¶18     Attorney      Isaacson       made      reference          to      trustees,
    variously, as a "dirty Catholic inquisitor," a "Jesuitess," and
    8
    No.       2014AP495-D
    a "priest's boy," and referred to various judges as a "black-
    robed bigot," a "Jesuit judge," and a "Catholic Knight Witch
    Hunter."          She       stated      that   court     systems,         "particularly           the
    Bankruptcy           Court    in     Minnesota,      are     composed       of       a    bunch   of
    ignoramus, bigoted Catholic beasts that carry the sword of the
    church."
    ¶19        At    an    ensuing      hearing      on     November         29,       2011,    the
    presiding         judge       described        Attorney       Isaacson's         language          as
    "irresponsible,                unprofessional               and         unbelievably              and
    unmitigatingly outrageous".
    ¶20        Attorney Isaacson responded with a second declaration
    in   which       she    repeated        similar      rhetoric       and    referred         to    the
    Chapter      7       trustee       as   the    court's       "Inquisitor."                Then,    on
    December 30, 2011, Attorney Isaacson signed a 17—page "response"
    in   which       she    expressly        asserted      that       all    her    statements         as
    quoted by the court were true and accurate and not made for any
    improper purpose.              She referred to the first bankruptcy judge to
    hear the case in Minnesota as "an avowed Jesuit," "the dirty
    Jesuit,"         a     "dastardly          Jesuit,"         and     "a      Jesuit          working
    undercover."                Attorney      Isaacson's        "response"         also        included
    statements such as "out of personal malice, [the court] has
    issued this Order to Show Cause and warrant for my arrest," and
    "[s]ince the unfortunate day that [the trustee] was appointed,
    she has been a Jesuitess, meaning a zealous advocate of her
    bigoted catholic White Supremacy beliefs."
    ¶21        Eventually, Attorney Isaacson was held in contempt for
    failing to comply with the orders to turn over documents and
    9
    No.    2014AP495-D
    information and for her failures to appear on before the court.
    The U.S. Bankruptcy Court issued an order for sanctions against
    Attorney    Isaacson    "for    each    of    the    sanctionable       statements
    identified   in   the   court's      order    to    show    cause."         Attorney
    Isaacson    appealed    and    the   Eighth       Circuit   Court      of    Appeals
    affirmed.    Isaacson v. Manty, 
    721 F.3d 533
    (8th Cir. 2013).
    ¶22     The   referee     concluded,     as     to   Count   One,       that   the
    undisputed    allegations       of     the   complaint       establish        clear,
    satisfactory, and convincing evidence that:
    By    making   unfounded,    scurrilous,   vilifying
    statements and religious slurs directed against the
    courts generally, and against specific judges, other
    counsel, appointed officers and third parties, in a
    series of 12 documents she signed or created during
    July and August 2010, April 2011, and between October
    and December 2011, and which were filed in cases
    before various federal courts in Wisconsin, Minnesota
    and    New    York,    [Attorney]    Isaacson    violated
    6                   7
    SCR 20:8.2(a),      SCR 20:8.4(g),      SCR 40.158    and
    6
    SCR 20:8.2(a) provides that "[a] lawyer shall not make a
    statement that the lawyer knows to be false or with reckless
    disregard   as   to  its   truth   or  falsity  concerning  the
    qualifications or integrity of a judge, adjudicatory officer or
    public legal officer, or of a candidate for election or
    appointment to judicial or legal office."
    7
    SCR 20:8.4(g) provides that it is professional misconduct
    for a lawyer to "violate the attorney's oath."
    8
    SCR 40.15 is the Attorney's Oath, and provides, in
    pertinent part:   "I will maintain the respect due to courts of
    justice and judicial officers."
    10
    No.   2014AP495-D
    SCR 20:8.4(i),9 and [MRPC] Rule 3.1,10 Rule 4.4(a),11
    Rule 8.2(a),12 Rule 8.4(d)13 and Rule 8.4(g).14
    9
    SCR 20:8.4(i) provides that it is professional misconduct
    for a lawyer to "harass a person on the basis of sex, race, age,
    creed, religion, color, national origin, disability, sexual
    preference or marital status in connection with the lawyer's
    professional activities.    Legitimate advocacy respecting the
    foregoing factors does not violate par. (i)."
    10
    MRPC Rule 3.1 provides:
    A lawyer shall not bring or defend a proceeding,
    or assert or controvert an issue therein, unless there
    is a basis in law and fact for doing so that is not
    frivolous, which includes a good faith argument for an
    extension, modification, or reversal of existing law.
    A lawyer for a defendant in a criminal proceeding, or
    the respondent in a proceeding that could result in
    incarceration,   may   nevertheless  so   defend   the
    proceeding as to require that every element of the
    case be established.
    11
    MRPC Rule 4.4(a) provides that "[i]n representing a
    client, a lawyer shall not use means that have no substantial
    purpose other than to embarrass, delay, or burden a third
    person, or use methods of obtaining evidence that violate the
    legal rights of such a person."
    12
    MRPC Rule 8.2(a) provides that "[a] lawyer shall not make
    a statement that the lawyer knows to be false or with reckless
    disregard   as  to   its   truth   or  falsity   concerning  the
    qualifications or integrity of a judge, adjudicatory officer, or
    public legal officer, or of a candidate for election or
    appointment to judicial or legal office."
    13
    MRPC Rule 8.4(d) provides that it is professional
    misconduct for a lawyer to "engage in conduct that is
    prejudicial to the administration of justice."
    14
    MRPC Rule 8.4(g) provides that it is professional
    misconduct for a lawyer to "harass a person on the basis of sex,
    race, age, creed, religion, color, national origin, disability,
    sexual orientation, or marital status in connection with a
    lawyer’s professional activities."
    11
    No.       2014AP495-D
    ¶23   The referee further concluded, as to Count Two, that
    "[b]y inserting offensive language that violated the Minnesota
    Rules of Professional Conduct into a draft memorandum supporting
    a motion, and directing another counsel to file the altered
    pleading with the U.S. Bankruptcy Court (D. Minn.) on November
    25, 2011, [Attorney] Isaacson violated MRPC Rule 20:8.4(a)."15
    ¶24   The referee recommended that the court dismiss Count
    Three of the OLR's complaint.             The OLR alleged that Attorney
    Isaacson had stated in three affidavits or declarations, filed
    in the U.S. District Court, Bankruptcy Court for the Eastern
    District of Wisconsin, and the U.S. Bankruptcy Court for the
    District of Minnesota, that a Shawano County circuit court judge
    had appointed a receiver in an ex parte hearing while knowingly
    failing to disclose that she had previously signed loan papers
    that    expressly   consented   to   the    appointment   of    a    receiver
    without any notice.     The OLR asserted that this conduct violated
    SCR 20:3.3(a)(1),16 SCR 20:8.4(c),17 MRPC Rule 3.3(a)(1),18 and
    MRPC Rule 8.4(c).19
    15
    MRPC Rule 8.4(a) provides that it is professional
    misconduct for a lawyer to "violate or attempt to violate the
    Rules of Professional Conduct, knowingly assist or induce
    another to do so, or do so through the acts of another."
    16
    SCR 20:3.3(a)(1) provides that a lawyer shall not
    knowingly "make a false statement of fact or law to a tribunal
    or fail to correct a false statement of material fact or law
    previously made to the tribunal by the lawyer."
    17
    SCR 20:8.4(c) provides that it is professional misconduct
    for a lawyer to "engage in conduct involving dishonesty, fraud,
    deceit or misrepresentation."
    12
    No.     2014AP495-D
    ¶25     The   referee     concluded    that   the    allegations       of   the
    complaint, alone, were insufficient to establish that Attorney
    Isaacson knowingly failed to disclose that she had expressly
    consented to the appointment of a receiver without notice.                        The
    referee therefore recommended dismissal of Count Three.                      The OLR
    has     not    appealed       this   recommendation.          We         accept   the
    recommendation and dismiss Count Three.
    ¶26     Finally,    the    OLR   alleged      in    Count    Four      of   the
    complaint that Attorney Isaacson failed to cooperate with the
    OLR's investigation into this matter.                    The referee concluded
    that:
    By failing to timely respond to OLR's initial
    investigative inquiry, by belatedly providing a reply
    that did not fully and fairly respond to OLR's
    questions and failed to include supporting evidence as
    requested,     and    by    subsequently    submitting
    approximately   3,000  photos  and    4,000  pages   of
    newspaper clippings and miscellaneous documents having
    no   discernible   substantial   relevance  to    OLR's
    inquiries, [Attorney] Isaacson violated SCR 22.03(2)20
    18
    MRPC Rule 3.3(a)(1) provides that a lawyer shall not
    knowingly "make a false statement of fact or law to a tribunal,
    or fail to correct a false statement of material fact or law
    previously made to the tribunal by the lawyer."
    19
    MRPC Rule 8.4(c) provides that it is professional
    misconduct for a lawyer to "engage in conduct involving
    dishonesty, fraud, deceit, or misrepresentation."
    20
    SCR 22.03(2) provides:
    Upon commencing an investigation, the director
    shall notify the respondent of the matter being
    investigated unless in the opinion of the director the
    investigation of the matter requires otherwise.    The
    respondent shall fully and fairly disclose all facts
    (continued)
    13
    No.     2014AP495-D
    and   SCR    22.03(6),21              which     are        enforced           via
    SCR 20:8.4(h).22
    ¶27     The record supports the referee's findings of fact and
    conclusions of law.            They are unchallenged and this court adopts
    them.
    ¶28     With    respect       to   the     discipline      to    be     imposed,     we
    determine     the     appropriate        level     of    discipline             given   the
    particular    facts       of   each    case,    independent         of    the    referee's
    recommendation, but benefitting from it.                     See In re Disciplinary
    Proceedings    Against         Widule,    
    2003 WI 34
    ,         ¶44,       
    261 Wis. 2d 45
    ,
    
    660 N.W.2d 686
    .
    ¶29     The     OLR    sought      revocation       of     Attorney         Isaacson's
    license to practice law in Wisconsin.                    The referee recommends
    and circumstances pertaining to the alleged misconduct
    within 20 days after being served by ordinary mail a
    request for a written response.      The director may
    allow additional time to respond.     Following receipt
    of the response, the director may conduct further
    investigation and may compel the respondent to answer
    questions,   furnish   documents,   and   present   any
    information deemed relevant to the investigation.
    21
    SCR 22.03(6) provides that "[i]n the course of the
    investigation, the respondent's wilful failure to provide
    relevant information, to answer questions fully, or to furnish
    documents and the respondent's misrepresentation in a disclosure
    are misconduct, regardless of the merits of the matters asserted
    in the grievance."
    22
    SCR 20:8.4(h) provides that it is professional misconduct
    for a lawyer to "fail to cooperate in the investigation of a
    grievance filed with the office of lawyer regulation as required
    by SCR 21.15(4), SCR 22.001(9)(b), SCR 22.03(2), SCR 22.03(6),
    or SCR 22.04(1)."
    14
    No.       2014AP495-D
    that this court suspend Attorney Isaacson for one year.                             The OLR
    has not appealed that recommendation.
    ¶30    The      referee    was     mindful      that      Attorney        Isaacson's
    misconduct certainly displays aggravating circumstances.                                   She
    engaged    in    a    pattern   of     intentional        misconduct         in     multiple
    tribunals over a period of at least 17 months.                          Continuing the
    offensive conduct after being sanctioned by the courts shows a
    lack of remorse.            Indeed, the referee observed that Attorney
    Isaacson's "conduct displayed an utter disregard and disrespect
    for the integrity of the courts and their judges in a brazen and
    outrageous fashion."
    ¶31    The referee was strongly influenced, however, by an
    opinion of the Minnesota Supreme Court in In re Disciplinary
    Action Against Nett, 
    839 N.W.2d 716
    (Minn. 2013).                           Attorney Nett
    was counsel of record for SIST and its related entities in a
    number of the same cases involving Attorney Isaacson.                               She was
    licensed to practice law in both Minnesota and Wisconsin.23                                The
    Minnesota       court      imposed     discipline        for     conduct          that     was
    substantially similar to              Attorney Isaacson's conduct, namely,
    engaging in a pattern of bad faith litigation, including making
    false     and    harassing      statements       towards         judges       and     others
    involved    in       the   litigation.         The       Minnesota      Supreme          Court
    ultimately determined that Attorney Nett's misconduct warranted
    an   indefinite         suspension     with    no        right    to        petition      for
    23
    Attorney Nett           was    counsel      of    record       in    the    matters
    described herein.
    15
    No.     2014AP495-D
    reinstatement for nine months.                      
    Id. Attorney Nett
    was also
    licensed in Wisconsin and the OLR filed a complaint with this
    court seeking reciprocal discipline identical to that imposed by
    the Minnesota Supreme Court.                 Attorney Nett did not contest the
    OLR's   complaint.            This    court      imposed      reciprocal         discipline,
    concluding       that    a     comparable        suspension       here,       factoring       in
    procedural       and    timing       considerations,           would      be     one     year.
    In re Disciplinary            Proceedings          Against    Nett,       
    2014 WI 106
    ,
    
    358 Wis. 2d 300
    , 
    852 N.W.2d 486
    .
    ¶32       The referee observed that the cases cited by the OLR
    in support of revocation were of limited guidance because, while
    they involved lawyers who engaged in harassing conduct or filed
    frivolous       claims,       they    were       distinguishable          because        other
    misconduct       was    also     involved        and   because         none    involved        an
    attorney who had no substantial purpose other than harassment.
    ¶33       We agree that Attorney Isaacson's misconduct warrants
    a   one-year      suspension         of    her     license     to      practice        law    in
    Wisconsin.       She repeatedly made frivolous and harassing personal
    attacks    and     discriminatory           statements       in     numerous      documents
    filed     in    various       matters.           She      continued      to     make     false
    statements about members of the judiciary and others after being
    formally       sanctioned      for    her     conduct.         Based      on     the    record
    presented,       we    are     satisfied      that     a     one-year         suspension      is
    sufficient       in    view    of    the     seriousness          of    her    professional
    misconduct and will serve to deter similar behavior and protect
    the public from similar misconduct in the future.
    16
    No.   2014AP495-D
    ¶34    The referee further recommended that Attorney Isaacson
    be required to pay all costs of the disciplinary proceeding,
    which total $6,634.96 as of December 23, 2014.                        There is no
    claim   that   the   costs   requested     by   the    OLR    are    excessive    or
    unreasonable, and we order Attorney Isaacson to pay the costs of
    this proceeding, as recommended by the referee.
    ¶35    No restitution was sought and none is ordered in this
    proceeding.
    ¶36    IT IS ORDERED that Naomi Dawn Isaacson's license to
    practice law in Wisconsin is suspended for one year, effective
    the date of this order.
    ¶37    IT IS FURTHER ORDERED that within 60 days of the date
    of this order, Naomi Dawn Isaacson shall pay to the Office of
    Lawyer Regulation the costs of this proceeding.
    ¶38    IT IS FURTHER ORDERED that to the extent she has not
    already   done   so,   Naomi   Dawn   Isaacson        shall   comply      with   the
    provisions of SCR 22.26 concerning the duties of a person whose
    license to practice law in Wisconsin has been suspended.
    17
    No.   2014AP495-D
    1
    

Document Info

Docket Number: 2014AP000495-D

Citation Numbers: 361 Wis. 2d 479, 2015 WI 33, 860 N.W.2d 490, 2015 Wisc. LEXIS 157

Judges: Per Curiam

Filed Date: 3/20/2015

Precedential Status: Precedential

Modified Date: 10/19/2024