Office of Lawyer Regulation v. Jon Evenson ( 2015 )

2015 WI 38
SUPREME COURT OF WISCONSIN
CASE NO.: 2014AP2906-D
COMPLETE TITLE: In the Matter of Disciplinary Proceedings
Against
Jon Evenson, Attorney at Law:
Office of Lawyer Regulation,
Complainant,
v.
Jon Evenson,
Respondent.
DISCIPLINARY PROCEEDINGS AGAINST EVENSON
OPINION FILED: April 16, 2015
SUBMITTED ON BRIEFS:
ORAL ARGUMENT:
SOURCE OF APPEAL:
COURT:
COUNTY:
JUDGE:
JUSTICES:
CONCURRED:
DISSENTED:
NOT PARTICIPATING:
ATTORNEYS:
2015 WI 38
NOTICE
This opinion is subject to further
editing and modification. The final
version will appear in the bound
volume of the official reports.
No. 2014AP2906-D
STATE OF WISCONSIN : IN SUPREME COURT
In the Matter of Disciplinary Proceedings
Against Jon Evenson, Attorney at Law:
Office of Lawyer Regulation, FILED
Complainant,
APR 16, 2015
v.
Diane M. Fremgen
Clerk of Supreme Court
Jon Evenson,
Respondent.
ATTORNEY disciplinary proceeding. Attorney's license
suspended.
¶1 PER CURIAM. We review a stipulation filed pursuant
to Supreme Court Rule (SCR) 22.121 by the Office of Lawyer
1
SCR 22.12 provides:
(1) The director may file with the complaint a
stipulation of the director and the respondent to the
facts, conclusions of law regarding misconduct, and
discipline to be imposed. The supreme court may
consider the complaint and stipulation without the
appointment of a referee, in which case the supreme
court may approve the stipulation, reject the
(continued)
No. 2014AP2906-D
Regulation (OLR) and Attorney Jon Evenson. In the stipulation,
Attorney Evenson agrees that, by engaging in conduct leading to
a criminal conviction for one felony count of delivery of a
controlled substance and two misdemeanor counts of fourth degree
sexual assault, Attorney Evenson violated SCR 20:8.4(b),2 and
that he engaged in offensive personality in violation of
stipulation, or direct the parties to consider
specific modifications to the stipulation.
(2) If the supreme court approves a stipulation,
it shall adopt the stipulated facts and conclusions of
law and impose the stipulated discipline.
(3) If the supreme court rejects a stipulation,
a referee shall be appointed and the matter shall
proceed as a complaint filed without a stipulation.
(3m) If the supreme court directs the parties to
consider specific modifications to the stipulation,
the parties may, within 20 days of the date of the
order, file a revised stipulation, in which case the
supreme court may approve the revised stipulation,
adopt the stipulated facts and conclusions of law, and
impose the stipulated discipline. If the parties do
not file a revised stipulation within 20 days of the
date of the order, a referee shall be appointed and
the matter shall proceed as a complaint filed without
a stipulation.
(4) A stipulation rejected by the supreme court
has no evidentiary value and is without prejudice to
the respondent's defense of the proceeding or the
prosecution of the complaint.
2
SCR 20:8.4(b) provides that it is professional 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."
2
No. 2014AP2906-D
SCR 40.15,3 enforceable via SCR 20:8.4(g).4 He also agrees that
a 30-month suspension of his license to practice law in
Wisconsin is appropriate discipline for his misconduct. There
is no request in this matter for a restitution award, nor is
there a request for the imposition of costs against Attorney
Evenson.
¶2 After careful review, we approve the stipulation and
adopt the stipulated facts and conclusions regarding Attorney
Evenson's two counts of misconduct as alleged in the OLR's
complaint. We agree that a 30-month suspension of Attorney
Evenson's license to practice law is a proper sanction. The OLR
did not request and we do not impose restitution. Finally,
because Attorney Evenson entered into a comprehensive
stipulation under SCR 22.12, thereby obviating the need for the
appointment of a referee and a full disciplinary proceeding, we
do not impose costs in this matter.
¶3 Attorney Evenson was admitted to the practice of law
in Wisconsin in 2001. In 2011, he received a consensual public
reprimand for violating SCR 20:8.4(b) and SCR 21.15(5), based on
his conviction for two misdemeanor counts of battery and one
felony count of substantial battery with intent to cause bodily
harm and for his subsequent failure to provide timely written
3
SCR 40.15 (Attorney's Oath) provides, in relevant part,
that an attorney "will abstain from all offensive personality."
4
SCR 20:8.4(g) provides that it is professional misconduct
for a lawyer to "violate the attorney's oath."
3
No. 2014AP2906-D
notice of the convictions to the clerk of this court and to the
OLR. Public Reprimand of Jon Evenson, 2011-8. On June 3, 2014,
his license to practice law was suspended for failure to comply
with mandatory continuing education requirements. On
October 31, 2014, he was suspended for nonpayment of State Bar
dues and failure to file a trust account certification. His
license remains suspended.
¶4 In the early morning hours of September 5, 2013,
Attorney Evenson approached an obviously intoxicated 22-year-old
woman, E.V., and her friend as they were getting into a cab
outside a bar on State Street in Madison, Wisconsin. E.V.
agreed to leave with Attorney Evenson despite the cab driver's
effort to dissuade her. Attorney Evenson took E.V. to his
downtown Madison law firm, where he provided her "Molly"
(commonly known as "ecstasy") and alcohol. They had sexual
intercourse at the law office. Attorney Evenson then drove the
woman to his home where they had more alcohol and again engaged
in sexual intercourse. The next day, E.V. awoke bruised, unsure
where she was, and had difficulty recalling what had happened.
She notified the police.
¶5 Attorney Evenson was criminally charged and, pursuant
to a plea arrangement, pled guilty to one count of delivery of a
schedule I drug, contrary to Wis. Stat. §§ 961.41(1)(b) and
939.50(3)(h) (Class H Felony), and two counts of fourth degree
sexual assault, contrary to Wis. Stat. §§ 940.225(3m) and
939.51(3)(a) (Class A Misdemeanors). He was sentenced to six
years on count one (three-year prison term, with three years of
4
No. 2014AP2906-D
extended supervision), and two consecutive nine-month jail terms
on counts two and three. His sentence was stayed and the court
imposed a three-year term of probation with conditions,
including nine months in jail with Huber privileges.
¶6 The OLR filed a disciplinary complaint against
Attorney Evenson on December 17, 2014, alleging that:
[Count One] By engaging in acts leading to his
convictions of one felony count of delivery of a
controlled substance and two misdemeanor counts of
fourth degree sexual assault, [Attorney] Evenson
violated SCR 20:8.4(b).
[Count Two] By urging an obviously intoxicated
woman to accompany him, by providing her with
"Ecstasy" and additional alcohol, and sexually
assaulting her, [Attorney] Evenson engaged in
offensive personality in violation of SCR 40.15, the
Attorney's Oath, enforceable via SCR 20:8.4(g).
As noted above, Attorney Evenson has stipulated to the facts and
misconduct as alleged in the OLR's complaint. Attorney Evenson
further stipulates that a 30-month suspension of his license to
practice law in this state is an appropriate sanction for his
misconduct.
¶7 The stipulation states that Attorney Evenson fully
understands the misconduct allegations, his right to contest
this matter, the ramifications of his entry into this
stipulation, and his right to consult with counsel. The
stipulation further provides that Attorney Evenson entered into
the stipulation knowingly and voluntarily.
¶8 The OLR filed a memorandum in support of the
stipulation citing several cases in support of its request for a
5
No. 2014AP2906-D
30-month suspension. The OLR noted in its memorandum that
several aggravating factors were present in this case, including
that Attorney Evenson's conduct involved the illicit use and
delivery of a controlled substance; that he has been previously
disciplined for assaultive conduct; and that his victim was much
younger and intoxicated, rendering her vulnerable to his
predatory advances. In mitigation of his misconduct, the OLR
noted that Attorney Evenson cooperated in the disciplinary
matter and admits that he has a substance abuse issue.
¶9 After our independent review of the matter, we accept
the stipulation and determine that the seriousness of Attorney
Evenson's misconduct warrants a 30-month suspension of his
license to practice law. We note that we have previously
imposed license suspensions of comparable length in cases where
attorneys have been convicted of criminal offenses. See In re
Disciplinary Proceedings Against Calhoun, 196 Wis. 2d 665,
538 N.W.2d 797 (1995) (three-year suspension for conduct that
resulted in two convictions for possession and delivery of
cocaine and for misrepresentations to the court). We determine
that a 30-month suspension of Attorney Evenson's license to
practice law should suffice to protect the public, the courts,
and the legal system from repetition of the misconduct, will
impress upon Attorney Evenson the seriousness of his misconduct,
and will deter other attorneys from committing similar
misconduct.
¶10 In light of the fact that Attorney Evenson entered
into a comprehensive stipulation, thereby obviating the need for
6
No. 2014AP2906-D
the appointment of a referee and for additional litigation
costs, we agree with the OLR's request that the costs of this
disciplinary proceeding not be assessed against Attorney
Evenson. The OLR did not request and we do not impose
restitution.
¶11 IT IS ORDERED that the license of Jon Evenson to
practice law in Wisconsin is suspended for a period of 30
months, effective the date of this order.
¶12 IT IS FURTHER ORDERED that, to the extent he has not
already done so, Jon Evenson 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.
7
No. 2014AP2906-D
1