2015 WI 99



# S UPREME 

# C OURT OF 

# W ISCONSIN

C ASE N O .: 2015AP1732

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C OMPLETE T ITLE : In the Matter of Disciplinary Proceedings

Against Michael M. Switalski , Attorney at Law:

Office of Lawyer Regulation,

Complainant,

v. Michael M. Switalski ,

Respondent.

DISCIPL INARY PROCEEDINGS AGAINST SWITALSKI

O PINION F ILED : November 11 , 2015

S UBMITTED ON B RIEFS :

O RAL A RGUMENT :

S OURCE OF A PPEAL :

C OURT :

C OUNTY :

J UDGE :

J USTICES :

C ONCURRED :

D ISSENTED :

N OT P ARTICIPATING : BRADLEY, A.W., J. and BRADLEY, R.G., J. did not

participate.

A TTORNEYS :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

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STATE OF WISCONSIN : IN SUPREME COURT

In the Matter of Disciplinary Proceedings Against Michael M. Switalski

Office of Lawyer Regulation,

Complainant,

v.

Michael M. Switalski,

Respondent. 

## FILED

NOV 11, 2015

Diane M. Fremgen Clerk of Supreme Court

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 inacti ve and he is not currently engaged in the

practice of law in Wisconsin. Attorney Switalski was previouslyNo. 2015AP1732

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2 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 e xtended 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 posse ssion 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 mer its 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,No. 2015AP1732

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3 347 Wis. 2d 104, 829 N.W.2d 512. The OLR s ays 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 licens e 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 22.2 6 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.No. 2015AP1732

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