2016 WI 15

SUPREME COURT OF WISCONSIN

CASE NO.: 2015AP1649-D

COMPLETE TITLE: In the Matter of Disciplinary Proceedings 

Against John O. Waters, Attorney at Law:

Office of Lawyer Regulation,

 Complainant,

 v.

John O. Waters,

 Respondent.

DISCIPLINARY PROCEEDINGS AGAINST WATERS

OPINION FILED: March 9, 2016

SUBMITTED ON BRIEFS: 

ORAL ARGUMENT:

SOURCE OF APPEAL:

COURT:

COUNTY:

JUDGE:

JUSTICES:

CONCURRED:

DISSENTED:

NOT PARTICIPATING: 

ATTORNEYS:
2016 WI 15

NOTICE

This opinion is subject to further 

editing and modification. The final 

version will appear in the bound 

volume of the official reports. 

No. 2015AP1649-D

STATE OF WISCONSIN : IN SUPREME COURT

In the Matter of Disciplinary Proceedings 

Against John O. Waters, Attorney at Law:

Office of Lawyer Regulation,

 Complainant,

 v.

John O. Waters,

 Respondent.

FILED

MAR 9, 2016

Diane M. Fremgen

Clerk of Supreme Court

ATTORNEY disciplinary proceeding. Attorney's license 

suspended. 

¶1 PER CURIAM. This is a reciprocal discipline matter. 

On November 20, 2015, the Office of Lawyer Regulation (OLR) 

filed an amended complaint and motion pursuant to Supreme Court 

Rule (SCR) 22.22,

1 requesting that this court suspend the license 

 

1 SCR 22.22 (Reciprocal discipline) provides: 

(1) An attorney on whom public discipline for 

misconduct or a license suspension for medical 

incapacity has been imposed by another jurisdiction 

shall promptly notify the director of the matter. 

(continued)
No. 2015AP1649-D 

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Failure to furnish the notice within 20 days of the 

effective date of the order or judgment of the other 

jurisdiction constitutes misconduct.

(2) Upon the receipt of a certified copy of a 

judgment or order of another jurisdiction imposing 

discipline for misconduct or a license suspension for 

medical incapacity of an attorney admitted to the 

practice of law or engaged in the practice of law in 

this state, the director may file a complaint in the 

supreme court containing all of the following:

(a) A certified copy of the judgment or order 

from the other jurisdiction.

(b) A motion requesting an order directing the 

attorney to inform the supreme court in writing within 

20 days of any claim of the attorney predicated on the 

grounds set forth in sub.(3) that the imposition of 

the identical discipline or license suspension by the 

supreme court would be unwarranted and the factual 

basis for the claim.

(3) The supreme court shall impose the identical 

discipline or license suspension unless one or more of 

the following is present:

(a) The procedure in the other jurisdiction was 

so lacking in notice or opportunity to be heard as to 

constitute a deprivation of due process.

(b) There was such an infirmity of proof 

establishing the misconduct or medical incapacity that 

the supreme court could not accept as final the 

conclusion in respect to the misconduct or medical 

incapacity, 

(c) The misconduct justifies substantially 

different discipline in this state.

(4) Except as provided in sub.(3), a final 

adjudication in another jurisdiction that an attorney 

has engaged in misconduct or has a medical incapacity 

shall be conclusive evidence of the attorney's 

misconduct or medical incapacity for purposes of a 

proceeding under this rule.

(continued)
No. 2015AP1649-D 

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of Attorney John O. Waters for a period of three years as 

reciprocal discipline identical to that imposed by the State of 

Michigan Attorney Discipline Board.

2

¶2 Attorney Waters was admitted to practice law in 

Wisconsin in 2002. He is also admitted to practice law in 

Michigan. Attorney Waters' Wisconsin law license is currently 

suspended for non-compliance with continuing legal education

reporting requirements, failure to pay State Bar of Wisconsin 

dues, and failure to submit the required trust account 

certification to the State Bar. 

¶3 The OLR's amended complaint noted that on June 19, 

2013, the State of Michigan Attorney Discipline Board suspended 

Attorney Waters' Michigan law license for three years, with a 

retroactive commencement of September 14, 2012, based on a

 

(5) The supreme court may refer a complaint filed 

under sub. (2) to a referee for a hearing and a report 

and recommendation pursuant to SCR 22.16. At the 

hearing, the burden is on the party seeking the 

imposition of discipline or license suspension 

different from that imposed in the other jurisdiction 

to demonstrate that the imposition of identical 

discipline or license suspension by the supreme court 

is unwarranted.

(6) If the discipline or license suspension 

imposed in the other jurisdiction has been stayed, any 

reciprocal discipline or license suspension imposed by 

the supreme court shall be held in abeyance until the 

stay expires.

2 The OLR filed a complaint on August 13, 2015. The 

complaint was subsequently amended to include as Exhibit A 

copies of supporting documentation from the Michigan Supreme 

Court.
No. 2015AP1649-D 

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consent stipulation consolidating multiple proceedings. 

Restitution and conditions were also imposed.

¶4 The following facts are taken from the documents 

attached to the OLR's amended complaint relating to the Michigan 

disciplinary proceedings. The Michigan suspension was based on 

Attorney Waters' September 14, 2012 conviction for felony drug 

offenses, as well as a disciplinary complaint comprised of three 

separate counts of professional misconduct. These included: 

neglect of a legal matter entrusted to him, in violation of 

Michigan Rules of Professional Conduct (MRPC) 1.1(c); failing to 

act with reasonable diligence, in violation of MRPC 1.3; failing 

to adequately communicate with his client, in violation of MRPC 

1.4(a); failing to refund unearned fees or release the client 

file upon being discharged from the representation of a client, 

in violation of MRPC 1.16(d); engaging in conduct prejudicial to 

the proper administration of justice, in violation of MRPC 

8.4(c) and Michigan Court Rule (MCR) 9.104(1); engaging in 

conduct which exposes the legal profession or the courts to 

obloquy, contempt, censure, or reproach, in violation of MCR 

9.104(2); engaging in conduct contrary to justice, ethics, or 

good morals, in violation of MCR 9.104(3); intentionally failing 

to respond to a lawful demand for information from a 

disciplinary authority, in violation of MRPC 8.1(a)(2); and 

failing to answer a request for investigation, in violation of 

MCR 9.104(7) and MCR 9.113(A) and (B)(2).
No. 2015AP1649-D 

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¶5 The OLR noted that Attorney Waters failed to notify 

the OLR of the Michigan suspension within 20 days of the 

effective date of the order, as required under SCR 22.22(1). 

¶6 The OLR asks this court to suspend Attorney Waters' 

Wisconsin law license for three years as discipline reciprocal 

to that imposed in Michigan, to order him to comply with 

Michigan's order of restitution, with conditions, and to impose 

costs.

¶7 On November 24, 2015, this court directed Attorney

Waters to inform the court in writing within 20 days of any 

claim by him, predicated upon the grounds set forth in 

SCR 22.22(3), that the imposition of discipline reciprocal to 

that imposed in Michigan would be unwarranted, and of the 

factual basis for any such claim. No response was received.

¶8 Under SCR 22.22(3), in reciprocal discipline matters, 

this court shall impose the identical discipline unless one of 

the exceptions enumerated in the rule is shown. There is no 

indication that any of those exceptions apply in this case. 

Therefore, we impose discipline identical to that imposed by the 

State of Michigan Attorney Discipline Board. 

¶9 We also agree that Attorney Waters shall pay the full 

costs of this proceeding. Attorney Waters has not identified 

any factors that would justify a reduction in costs. See

SCR 22.24(1m). He is also directed to comply with the 

restitution order imposed by the State of Michigan Attorney 

Discipline Board. Grievance Administrator v. John Oren Waters,

Case Nos. 12-101-AI; 12-140-JC; 13-47-GA.
No. 2015AP1649-D 

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¶10 IT IS ORDERED that the license of John O. Waters to 

practice law in Wisconsin is suspended for a period of three

years, effective the date of this order. 

¶11 IT IS FURTHER ORDERED that within 60 days of the date 

of this order, John O. Waters shall pay to the Office of Lawyer 

Regulation the costs of this proceeding. 

¶12 IT IS FURTHER ORDERED that, to the extent he has not 

already done so, John O. Waters 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.

¶13 IT IS FURTHER ORDERED that compliance with all 

conditions of this order, as well as compliance with all 

conditions of the disciplinary orders imposed on him by the 

State of Michigan Attorney Discipline Board, is required for 

reinstatement. See SCR 22.29(4)(c).
No. 2015AP1649-D 

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