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, 

 Complainant, 

 v. 

Jon Evenson, 

 Respondent. 

FILED 

APR 16, 2015 

Diane M. Fremgen 

Clerk of Supreme Court 

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 

2 

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." 
No. 2014AP2906-D 

3 

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." 
No. 2014AP2906-D 

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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 
No. 2014AP2906-D 

5 

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 
No. 2014AP2906-D 

6 

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 
No. 2014AP2906-D 

7 

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. 
No. 2014AP2906-D 

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