2019 WI 28
SUPREME COURT OF WISCONSIN
CASE NO.: 2014AP1523-D
COMPLETE TITLE: 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: March 21, 2019
SUBMITTED ON BRIEFS:
ORAL ARGUMENT:
SOURCE OF APPEAL:
COURT:
COUNTY:
JUDGE:
JUSTICES:
CONCURRED:
DISSENTED:
NOT PARTICIPATING:
ATTORNEYS:
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:
Office of Lawyer Regulation, FILED
Complainant, MAR 21, 2019
v. Sheila T. Reiff
Clerk of Supreme Court
John F. Koenig,
Respondent.
ATTORNEY reinstatement proceeding. Reinstatement granted.
¶1 PER CURIAM. 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
December 5, 2018.
¶2 Attorney Koenig was admitted to practice law in
Wisconsin in 1997. Effective March 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. In
re Disciplinary Proceedings Against Koenig, 2015 WI 16, 361
Wis. 2d 16, 859 N.W.2d 105. The misconduct 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. An evidentiary hearing was
held on October 5, 2018. 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 complied with the terms of the order of
suspension; that his conduct since the suspension has been
exemplary and above reproach; that he has a proper understanding
of an attitude towards the standards that are imposed upon
members of the bar and will act in conformity with those
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. The
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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 The referee concluded that Attorney Koenig had proven,
by clear and convincing evidence, that he has satisfied the
requirements for reinstatement. The referee 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 also testified. The referee noted all witnesses
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
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No. 2014AP1523-D
of law with an appropriate respect and understanding of the
ethical standards imposed upon an attorney's 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 After consideration of the matter, we conclude that
Attorney 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.
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