2018 WI 108

SUPREME COURT OF WISCONSIN

CASE NO.: 2017AP512-D

COMPLETE TITLE: In the Matter of Disciplinary Proceedings 

Against Gerald P. Boyle, Attorney at Law:

Office of Lawyer Regulation,

 Complainant,

 v.

Gerald P. Boyle,

 Respondent.

DISCIPLINARY PROCEEDINGS AGAINST GERALD P. BOYLE

OPINION FILED: November 30, 2018

SUBMITTED ON BRIEFS:

ORAL ARGUMENT:

SOURCE OF APPEAL:

COURT:

COUNTY:

JUDGE:

JUSTICES:

CONCURRED:

DISSENTED:

NOT PARTICIPATING: 

ATTORNEYS:
2018 WI 108

NOTICE

This opinion is subject to further 

editing and modification. The final 

version will appear in the bound 

volume of the official reports. 

No. 2017AP512-D

STATE OF WISCONSIN : IN SUPREME COURT

In the Matter of Disciplinary Proceedings 

Against Gerald P. Boyle, Attorney at Law:

Office of Lawyer Regulation, 

Complainant, 

v.

Gerald P. Boyle, 

Respondent. 

FILED

NOV 30, 2018

Sheila T. Reiff

Clerk of Supreme Court

ATTORNEY disciplinary proceeding. Attorney's license 

suspended indefinitely. 

¶1 PER CURIAM. We review Referee Jonathan V. Goodman's 

report recommending that we indefinitely suspend the Wisconsin 

law license of Gerald P. Boyle due to his medical incapacity, 

and hold the pending disciplinary proceeding against him in 

abeyance for as long as his license remains suspended. 

¶2 This matter began with a March 2017 disciplinary 

complaint filed by the Office of Lawyer Regulation (OLR) against 

Attorney Boyle. The OLR alleged that Attorney Boyle committed 

four counts of professional misconduct involving two client 
No. 2017AP512-D 

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matters, and two additional counts of misconduct related to his 

failure to cooperate with the OLR's investigation into those 

matters. 

¶3 In April 2017, after receiving confirmation that 

Attorney Boyle had been served with the complaint, the court 

appointed Jonathan V. Goodman to serve as the referee in this 

matter. See SCR 22.13(3).

¶4 In May 2017, Attorney Boyle, through counsel, filed an 

answer to the complaint in which he denied most of the 

allegations of misconduct and asked for the complaint to be 

dismissed or, alternatively, for a hearing on the matter.

¶5 In February 2018, Attorney Boyle, through counsel, 

declared in a filing that he suffered from a medical incapacity 

that made the defense of the disciplinary proceeding impossible. 

See SCR 22.16(4)(d).1 Attorney Boyle explained that his medical 

condition had necessitated an extended stay in a hospital 

 

1 SCR 22.16(4)(d) provides:

If the referee finds that a medical incapacity 

makes the defense of the proceeding impossible, the 

referee shall file a report promptly with the supreme 

court. If the court disapproves the referee's 

finding, the court shall direct the referee to proceed 

with the misconduct action. If the court approves the 

referee's finding, the court shall abate the 

misconduct proceeding and suspend the respondent's 

license to practice law for medical incapacity until 

the court orders reinstatement of the attorney's 

license under SCR 22.36. Upon reinstatement, the 

court shall direct the referee to proceed with the 

misconduct action.
No. 2017AP512-D 

3

intensive care unit. He stated that his doctors have deemed him 

not capable of working as an attorney. In March 2018, Attorney 

Boyle, through counsel, filed a doctor's report that further 

explained his medical condition. 

¶6 In July 2018, the parties filed a stipulation stating 

that Attorney Boyle has substantial medical problems that make 

his defense of the disciplinary proceeding impossible. 

¶7 Later in July 2018, the referee filed a report and 

recommendation stating that, based upon the stipulation and a 

review of submitted medical records: (1) Attorney Boyle has a 

medical incapacity that makes his defense of the disciplinary 

proceeding impossible; and (2) the proceedings in this matter 

should be abated and Attorney Boyle's law license should be 

indefinitely suspended pursuant to SCR 22.16(4)(d). The referee 

further recommended that the court decline to impose costs on 

Attorney Boyle because he is no longer able to be employed.

¶8 On August 20, 2018, the OLR filed its statement of 

costs, seeking full costs totaling $1,426.93. 

¶9 On September 10, 2018, Attorney Boyle, through 

counsel, filed a letter encouraging the court to adopt the 

referee's recommendation that no costs be assessed against him. 

Attorney Boyle asserted that he is unable to work, and thus the 

imposition of costs would impose a hardship.

¶10 We adopt the referee's finding that Attorney Boyle has 

a medical incapacity that makes the defense of this disciplinary 

proceeding impossible. We agree with the referee's 

recommendation that Attorney Boyle's license to practice law in 
No. 2017AP512-D 

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Wisconsin should be suspended indefinitely pursuant to 

SCR 22.16(4)(d). We also agree with the referee's 

recommendation that the proceedings in this matter should be 

abated pursuant to SCR 22.16(4)(d). 

¶11 We depart from the referee's recommendation that, in 

this decision, we should absolve Attorney Boyle of the costs of 

this proceeding. Because we are staying a determination on the 

merits of this disciplinary proceeding due to Attorney Boyle's 

medical incapacity, it would be premature to rule now on the 

OLR's request for costs, one way or the other. Therefore, we 

hold the OLR's request for costs in abeyance until such time, if 

any, as this disciplinary proceeding is resumed pursuant to 

SCR 22.16(4)(d). 

¶12 IT IS ORDERED that the license of Gerald P. Boyle to 

practice law in Wisconsin is suspended for an indefinite period, 

commencing the date of this order and until further order of the 

court. See SCR 22.16(4)(d).

¶13 IT IS FURTHER ORDERED that the Office of Lawyer 

Regulation's request for costs is held in abeyance until such 

time, if any, as this disciplinary proceeding is resumed 

pursuant to SCR 22.16(4)(d).

¶14 IT IS FURTHER ORDERED that Gerald P. Boyle 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. 2017AP512-D 

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