2018 WI 108



# S UPREME 

# C OURT OF 

# W ISCONSIN

C ASE N O .: 2017AP512

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C OMPLETE T ITLE : 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

O PINION F ILED : November 30, 2018
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 :

A TTORNEYS :2018 WI 108

NOTICE

This opinion is subject to further editing and modification. The final version will appear in the bound volu me of the official reports. No. 2017AP512

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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 i n
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 clientNo. 2017AP512

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2 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 confirmat ion 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 complain t 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 suffe red 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 disa pproves 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

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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 st ating
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

indefi nitely 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

cost s, 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 inNo. 2017AP512

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4 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 shoul d 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 th is 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 disc iplinary proceeding is res umed 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 orde r 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

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