2015 WI 99
SUPREME COURT OF WISCONSIN
CASE NO.: 2015AP1732-D
COMPLETE TITLE: In the Matter of Disciplinary Proceedings
Against Michael M. Switalski, Attorney at Law:
Office of Lawyer Regulation,
Complainant,
v.
Michael M. Switalski,
Respondent.
DISCIPLINARY PROCEEDINGS AGAINST SWITALSKI
OPINION FILED: November 11, 2015
SUBMITTED ON BRIEFS:
ORAL ARGUMENT:
SOURCE OF APPEAL:
COURT:
COUNTY:
JUDGE:
JUSTICES:
CONCURRED:
DISSENTED:
NOT PARTICIPATING: BRADLEY, A.W., J. and BRADLEY, R.G., J. did not
participate.
ATTORNEYS:
2015 WI 99
NOTICE
This opinion is subject to further
editing and modification. The final
version will appear in the bound
volume of the official reports.
No. 2015AP1732-D
STATE OF WISCONSIN : IN SUPREME COURT
In the Matter of Disciplinary Proceedings
Against Michael M. Switalski
Office of Lawyer Regulation, FILED
Complainant,
NOV 11, 2015
v.
Diane M. Fremgen
Clerk of Supreme Court
Michael M. Switalski,
Respondent.
ATTORNEY disciplinary proceeding. Attorney's license
revoked.
¶1 PER CURIAM. Attorney Michael M. Switalski has filed
a petition for consensual license revocation under Supreme Court
Rule (SCR) 22.19.
¶2 Attorney Switalski was admitted to practice law in
Wisconsin in 1988. His member status with the State Bar of
Wisconsin is inactive and he is not currently engaged in the
practice of law in Wisconsin. Attorney Switalski was previously
No. 2015AP1732-D
a school teacher and coach at Newman Catholic High School in
Wausau.
¶3 In March 2015, Attorney Switalski entered guilty pleas
to ten felony counts of child pornography. An additional 22
counts were dismissed but read in for sentencing purposes. In
June 2015, Attorney Switalski was sentenced to ten three-year
prison terms, to be served concurrently, each followed by five
years of extended supervision. Attorney Switalski is currently
in prison.
¶4 Attorney Switalski's petition for consensual license
revocation states that he is currently the subject of an Office
of Lawyer Regulation (OLR) inquiry involving his possession of
child pornography. Attorney Switalski states that he cannot
successfully defend himself against the professional misconduct
alleged by the OLR. He states that he is filing his petition
freely, voluntarily, and knowingly, and understands that he is
giving up his right to contest the misconduct alleged by the
OLR. He also states that he is represented by counsel in this
proceeding.
¶5 The OLR has filed a recommendation on Attorney
Switalski's petition, saying that revocation of his license to
practice law in Wisconsin is warranted. The OLR notes that
there is precedent for the proposition that an attorney's
serious criminal conduct merits revocation of his license to
practice law in Wisconsin, even when the misconduct is not
directly related to the attorney's practice of law. See, e.g.,
In re Disciplinary Proceedings Against Engl, 2013 WI 36,
2
No. 2015AP1732-D
347 Wis. 2d 104, 829 N.W.2d 512. The OLR says that consensual
revocation is appropriate in this case and is consistent with
past precedent.
¶6 We agree that revocation of Attorney Switalski's
license to practice law in Wisconsin is warranted. Attorney
Switalski pled guilty to multiple counts of possession of child
pornography. 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." Attorney Switalski has
acknowledged that he cannot successfully defend himself against
the misconduct allegations. Accordingly, we grant the petition
and revoke his license to practice law in Wisconsin.
¶7 IT IS ORDERED that the license of Michael M. Switalski
to practice law in Wisconsin is revoked, effective the date of
this order.
¶8 IT IS FURTHER ORDERED that, to the extent he has not
already done so, Michael M. Switalski shall comply with the
provisions of SCR 22.26 concerning the duties of an attorney
whose license to practice law has been revoked.
¶9 ANN WALSH BRADLEY, J., and REBECCA G. BRADLEY, J., did
not participate.
3
No. 2015AP1732-D
1