Office of Lawyer Regulation v. John F. Koenig
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2019 WI 28 SUPREME COURT CASE NO.: COMPLETE TITLE: OF WISCONSIN 2014AP1523-D In the Matter of Disciplinary Proceedings Against John F. Koenig, Attorney at Law: Office of Lawyer Regulation, Complainant, v. John F. Koenig, Respondent. DISCIPLINARY PROCEEDINGS AGAINST KOENIG Reported at 361 Wis. 2d 16,859 N.W.2d 105 PDC No:2015 WI 16 - Published OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: SOURCE OF APPEAL: COURT: COUNTY: JUDGE: JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ATTORNEYS: March 21, 2019 2019 WI 28 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2014AP1523-D STATE OF WISCONSIN : IN SUPREME COURT In the Matter of Disciplinary Proceedings Against John F. Koenig, Attorney at Law: FILED Office of Lawyer Regulation, Complainant, MAR 21, 2019 v. Sheila T. Reiff Clerk of Supreme Court John F. Koenig, Respondent. ATTORNEY reinstatement proceeding. ¶1 PER CURIAM. Reinstatement granted. We review the report and recommendation of Referee Kim M. Peterson in favor of reinstating the license of Attorney John F. Koenig to practice law in Wisconsin. After careful review of the matter, we agree that Attorney Koenig's license should be reinstated. Consistent with our general practice, we require Attorney Koenig to pay the full costs of this reinstatement proceeding, which are $3,646.23 as of practice law in December 5, 2018. ¶2 Wisconsin Attorney in 1997. Koenig was Effective admitted March to 19, 2015, this court No. 2014AP1523-D suspended Attorney Koenig's license to practice law for a period of two years as discipline for his professional misconduct. re Disciplinary Wis. 2d 16, 859 Proceedings Against N.W.2d 105. Koenig, The 2015 misconduct WI In 16, 361 consisted of Attorney Koenig's embezzling funds from his law firm. ¶3 Attorney Koenig filed a petition for the reinstatement of his license on April 5, 2018. held on October 5, 2018. An evidentiary hearing was On November 20, 2018, the referee issued her report and recommendation. The referee found that Attorney Koenig had not practiced law during the period of his suspension; had suspension; that complied his with conduct the since terms the of the order suspension has of been exemplary and above reproach; that he has a proper understanding of an members attitude of the towards bar and the standards will act in that are imposed upon with those conformity standards; and that he can be safely recommended to the legal profession, the courts, and the public as a person fit to be consulted by others and to represent them and otherwise act in matters of trust and confidence and in general to aid in the administration of justice as a member of the bar and as an officer of the courts. The referee also found that Attorney Koenig's proposed use of his license, if it is reinstated, is to engage in the general practice of law representing the elderly; that during the period of his suspension, he has worked as a technical sales manager at Morgan Corporation in Janesville, Wisconsin; and that he has made restitution to or settled all claims of all persons injured or harmed by his misconduct. 2 The No. 2014AP1523-D referee noted that Attorney Koenig had failed to comply with the requirements of SCR 22.29(4)(d) because he had not yet completed 60 hours of approved continuing legal education (CLE) credits. On December 13, 2018, the Board of Bar Examiners reported that Attorney Koenig had completed all necessary credits and was currently in compliance with CLE requirements. ¶4 by The referee concluded that Attorney Koenig had proven, clear and convincing requirements for evidence, that reinstatement. The he has referee satisfied the noted that in support of his petition for reinstatement, Attorney Koenig had his pastor, his current employer, and his proposed new employer testify on his behalf at the evidentiary hearing. A family friend witnesses also testified. The referee noted all presented by Attorney Koenig testified that he was a good person who acted appropriately and whose conduct was without reproach. Attorney Koenig's new employer stated that he was convinced Attorney Koenig had changed his ways and that he will be able to be trusted with the firm's clients. In addition, the new employer said that some ground rules would be followed to ensure that Attorney Koenig does not have the ability to misappropriate funds while working for the firm. ¶5 The referee said Attorney Koenig expressed appropriate remorse for his past conduct, has examined his shortcomings, and has made efforts to minimize those character traits that might have led to his prior misconduct. The referee said she was confident the events of the past years have had an impact on Attorney Koenig so that he will proceed forward in the practice 3 No. of law ethical with an appropriate standards imposed 2014AP1523-D respect and understanding upon an attorney's of the conduct. The referee also noted that the Office of Lawyer Regulation had no objection to Attorney Koenig's reinstatement, conditioned on his completion of the appropriate educational requirements, which he has now done. The referee recommended that Attorney Koenig be ordered to pay the full costs of this reinstatement proceeding. ¶6 Attorney After consideration of the matter, we conclude that Koenig has satisfied the requirements set forth in SCR 22.31(1) and SCR 22.29(4)(a)-(4m), and that his license to practice law in Wisconsin should be reinstated. ¶7 IT IS ORDERED that the petition for reinstatement of the license of John F. Koenig to practice law in Wisconsin is granted, effective the date of this order. ¶8 IT IS FURTHER ORDERED that, within 60 days of the date of this order, John F. Koenig shall pay to the Office of Lawyer Regulation the costs of this proceeding, which are $3,646.23 as of December 5, 2018. If the costs are not paid within the time specified and John F. Koenig has not negotiated a resolution as to the payment of costs over time with the Office of Lawyer Regulation, the Office of Lawyer Regulation is authorized to move this court for a further suspension of the license of John F. Koenig to practice law in Wisconsin. 4 No. 1 2014AP1523-D
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