Office of Lawyer Regulation v. Paul E. Overson ( 2024 )


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    2024 WI 35
    SUPREME COURT OF WISCONSIN
    CASE NO.:              2024AP1179-D
    COMPLETE TITLE:        In the Matter of Disciplinary Proceedings
    Against Paul E. Overson, Attorney at Law:
    Office of Lawyer Regulation,
    Complainant,
    v.
    Paul E. Overson,
    Respondent.
    DISCIPLINARY PROCEEDINGS AGAINST OVERSON
    OPINION FILED:         September 20, 2024
    SUBMITTED ON BRIEFS:
    ORAL ARGUMENT:
    SOURCE OF APPEAL:
    COURT:
    COUNTY:
    JUDGE:
    JUSTICES:
    Per curiam.
    ATTORNEYS:
    
    2024 WI 35
    NOTICE
    This opinion is subject to further
    editing and modification.   The final
    version will appear in the bound
    volume of the official reports.
    No.     2024AP1179-D
    STATE OF WISCONSIN                               :            IN SUPREME COURT
    In the Matter of Disciplinary Proceedings
    Against Paul E. Overson, Attorney at Law:
    Office of Lawyer Regulation,
    FILED
    Complainant,
    SEP 20, 2024
    v.
    Samuel A. Christensen
    Paul E. Overson,                                                   Clerk of Supreme Court
    Respondent.
    ATTORNEY    disciplinary     proceeding.              Attorney's        license
    suspended.
    ¶1   PER CURIAM.          The Office of Lawyer Regulation (OLR)
    and Attorney Paul E. Overson have filed a stipulation pursuant
    to    Supreme   Court    Rule    (SCR)   22.12       that    Attorney       Overson's
    license to practice law in Wisconsin be suspended for 30 days as
    discipline reciprocal to that imposed by the Supreme Court of
    Minnesota.        Upon   our    review   of   the     matter,       we   accept      the
    stipulation and suspend Attorney Overson's license to practice
    No.     2024AP1179-D
    law in Wisconsin for a period of 30 days.                       Because the parties
    were    able    to    resolve     this      matter       without      the     need     for
    appointment of a referee, no costs will be imposed.
    ¶2    Attorney     Overson     was       admitted       to   practice     law    in
    Wisconsin in 2018.             He is also admitted to practice law in
    Minnesota.     On August 31, 2020, the Minnesota Office of Lawyers
    Professional Responsibility filed a Petition for Disciplinary
    Action against Attorney Overson.                   On February 23, 2024, the
    Supreme     Court    of   Minnesota      ordered        that    Attorney       Overson's
    license to practice law in Minnesota be suspended for a minimum
    of 30 days for knowingly making a misleading statement to a
    court during a hearing and subsequently failing to correct his
    misleading statement.
    ¶3    On June 18, 2024, the OLR filed a complaint and motion
    alleging     that     Attorney    Overson         was    subject         to   reciprocal
    discipline by virtue of the suspension of his law license in
    Minnesota pursuant to SCR 22.22.                   The OLR also alleged that
    Attorney Overson violated SCR 22.22(1) by failing to notify OLR
    of   the    suspension    of    his   Minnesota         license     to    practice     law
    within 20 days of the effective date.
    ¶4    On July 25, 2024, Attorney Overson and the OLR filed a
    stipulation agreeing that by virtue of his Minnesota suspension,
    he is subject to reciprocal discipline in Wisconsin.                            Attorney
    Overson agrees that it would be appropriate for this court to
    suspend his Wisconsin law license for a period of 30 days.                             The
    parties state that the stipulation did not result from plea
    bargaining.         Attorney Overson does not contest the facts and
    2
    No.     2024AP1179-D
    misconduct alleged by the OLR, and he agrees to the level of
    discipline sought by the OLR.                  Attorney Overson also represents
    and verifies that he fully understands his rights to contest the
    OLR's    allegations          of    medical    incapacity,       to    see     and   cross-
    examine       witnesses       called     by   the   OLR,    to   call    witnesses      and
    present testimony and evidence on his own behalf, to require the
    OLR     to        prove   its      allegations      by   clear,       satisfactory      and
    convincing evidence, and to make arguments to the referee that
    the OLR has failed to meet its burden of proof.                               In addition,
    Attorney           Overson      states     that     he     fully      understands       the
    ramifications of his entry into the stipulation, that he has the
    right        to     consult     counsel,      and    that    his      entry     into    the
    stipulation is made knowingly and voluntarily.
    ¶5          Upon review of the matter, we accept the stipulation.
    In cases of reciprocal discipline, SCR 22.22(3) requires this
    court to impose "the identical discipline" as that imposed by
    the other jurisdiction unless one or more exceptions are met.
    Attorney Overson does not claim that any of the exceptions apply
    here.        Because the Supreme Court of Minnesota imposed a 30-day
    suspension of Attorney Overson's license to practice law, a 30-
    day suspension of Attorney Overson's license to practice law in
    Wisconsin constitutes "the identical discipline" in this case.
    Because this matter was resolved by stipulation without the need
    for appointment of a referee, no costs are imposed.
    ¶6          IT IS ORDERED that the license of Attorney Paul E.
    Overson to practice law in Wisconsin is suspended for a period
    of 30 days, effective October 21, 2024.
    3
    No.   2024AP1179-D
    1
    

Document Info

Docket Number: 2024AP001179-D

Filed Date: 9/20/2024

Precedential Status: Precedential

Modified Date: 9/20/2024