2024 WI 9



# S UPREME 

# C OURT OF 

# W ISCONSIN

C ASE N O .: 20 23 AP1332

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C OMPLETE T ITLE : In the Matter of Disciplinary Proceedings

Against Erick R. Tyrone, Attorney at Law:

Office of Lawyer Regulation,

Complainant,

v. Erick R. Tyrone,

Respondent.

DISCIPLINARY PROCEEDINGS AGAINST TYRONE

O PINION F ILED : February 27
, 2024

S UBMITTED ON B RIEFS :

O RAL A RGUMENT :

S OURCE OF A PPEAL :

C OURT :

C OUNTY :

J UDGE :

J USTICES : Per curiam.

A TTORNEYS :2024 WI 9

NOTICE

This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2023AP1332

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STATE OF WISCONSIN : IN SUPREME COURT

In the Matter of Disciplinary Proceedings Against Erick R. Tyrone, Attorney at Law:

Office of Lawyer Regulation,

Complainant,

v.

Erick R. Tyrone,

Respondent. 

## FILED

FEB 27, 2024

Samuel A. Christensen

C lerk of Supreme Court

ATTORNEY disciplinary proceeding. Attorney's license

suspended.

¶ 1 PER CURIAM. The Office of Lawyer Regulation (OLR) and

Attorney Erick R. Tyrone have filed a stipulation pursuant to

Supreme Court Rule (SCR) 22.12, 1 that Attorney Tyrone's license to

1 SCR 22.12 states:

(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, together with a memorandum in support of the stipulation. The respondent may file a response to the director's memorandum within 14 days of the date of filing of the stipulation. The supreme courtNo. 2023AP1332

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2 practice law in th is state should be suspended for a period of six

months, as discipline reciprocal to that imposed by the Court of

Appeals of Maryland. After reviewing the matter, we approve the

stipulation and impose the stipulated reciprocal discipline. The

OLR does no t seek costs, and we do not impose any.

¶ 2 Attorney Tyrone was admitted to the practice of law in

Wisconsin in 2009. He was admitted to the practice of law in

Maryland in 2012 and in the District of Columbia in 2016. His

Wisconsin law l icense has been suspended since 2012 for failure to

may consider the complaint and stipulation without the appointment of a referee, in which case the supreme court may approve the stipu lation, reject the 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.No. 2023AP1332

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3 pay State Bar dues, failure to file an OLR trust account

certification certificate, and failure to comply with continuing

legal education requirements. Attorney Tyrone has no prior

discipline in Wisconsi n.

¶ 3 On July 26, 2023, OLR filed a complaint alleging that on

September 7, 2021, the Court of Appeals of Maryland ordered the

Indefinite Suspension by Consent of Attorney Tyrone's license to

practice law in Maryland, with the right to pet ition for

reinstatement after six months. Attorney Tyrone was disciplined

in Maryland for failing to represent his client competently;

failing to safe

- keep client funds in an attorney trust account;

engaging in conduct that is prejudicial to the administr ation of

justice; failing to comply with attorney trust account record

keeping; and prohibited transaction requirements and commingling

funds.

¶ 4 On September 30, 2022, the District of Columbia Court of

Appeals filed an order suspending At torney Tyrone's license to

practice law in the District of Columbia on an interim basis. The

interim suspension was based on consideration of the order of the

Court of Appeals of Maryland suspending Attorney Tyrone's law

license indefinitely with the righ t to petition for reinstatement

after six months.

¶ 5 Count one of OLR's complaint alleged that by virtue of

the Maryland disciplinary suspension, Attorney Tyrone is subject

to reciprocal discipline in Wisconsin pursuant to SCR 22.22. Coun t

two of OLR's complaint alleged that by failing to notify OLR of

the Maryland disciplinary suspension within 20 days of theNo. 2023AP1332

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4 effective date of that jurisdiction's imposition of public

discipline for professional misconduct, Attorney Tyrone violated

SCR 22. 22(1). 2

¶ 6 Under SCR 22.22(3), 3 this court shall impose the

identical discipline imposed in another jurisdiction, unless one

or more of three exceptions apply. In his stipulation with OLR,

Attorney Tyrone states that he is not claiming an y of the defenses

found in SCR 22.22(3).

¶ 7 In the stipulation, Attorney Tyrone further represents

that the stipulation was not the result of plea bargaining and

that he does not contest the facts and misconduct alleged by OLR

or the rec iprocal discipline OLR seeks in this matter.

2 SCR 22.22(1) provides: "An attorney on whom public discipline for misconduct or a license suspension for medical incapacity has been imposed by anoth er jurisdiction shall promptly notify the director of the matter. Failure to furnish the notice within 20 days of the effective date of the order or judgment of the other jurisdiction constitutes misconduct."

3 SCR 22.22(3) provides:

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 subs tantially different discipline in this state.No. 2023AP1332

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5 ¶ 8 After reviewing this matter, we accept the stipulation

and impose the identical discipline imposed by the Court of Appeals

of Maryland, namely a six

- month suspension of Attorney Tyrone's

lic ense to practice law in this state.

¶ 9 IT IS ORDERED that the license of Erick R. Tyrone to

practice law in Wisconsin is suspended for a period of six months,

effective the date of this order.

¶ 10 IT IS FURTHER ORDERED tha t, to the extent he has not

already done so, Erick R. Tyrone 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.

¶ 11 IT IS FURTHER ORDERED that compl iance with all

conditions of this order is required for reinstatement. See SCR

22.29(4)(c).

¶ 12 IT IS FURTHER ORDERED that the administrative

suspensions of Erick R. Tyrone's license to practice law in

Wisconsin, due to his failure to pay bar dues, failure to file an

OLR trust account certification certificate, and failure to comply

with continuing legal education requirements, will remain in

effect until each reason for the administrative suspensions have

been rectified, pursuant to SCR 2 2.28(1).No. 2023AP1332

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