Opinion
A23-0080
12-29-2023
IN RE Petition for DISCIPLINARY ACTION AGAINST Michael B. PADDEN, a Minnesota Attorney, Registration No. 0177519.
ORDER
The Director of the Office of Lawyers Professional Responsibility has filed a petition and supplemental petition for disciplinary action alleging that respondent Michael B. Padden committed professional misconduct warranting public discipline. We referred the matter to a referee for findings of fact, conclusions of law, and recommendations for the disposition of this matter. After a hearing, the referee found that respondent violated Rules 20:1.1, 20:1.4(a)(3), 20:1.4(b), 20:1.5(b)(1), 20:3.3(a)(1), 20:4.1(a)(1), and 20:8.4(c), Wisconsin Supreme Court Rules; Minn. R. Prof. Conduct 1.1, 1.8, 1.4(a)(3), 1.4(a)(4), 1.4(b), 1.5(b)(3), 1.5(c), 1.8(a), 1.15(a), 1.15(b), 1.15(e)(3), 1.15(c)(4), 1.15(c)(5), 1.15(h) as interpreted by Appendix 1, 1.16(c), 1.16(d), 3.4(c), 4.1, 8.1(a), 8.1(b), 8.4(c), and 8.4(d); and Rule 25(a), Rules on Lawyers Professional Responsibility (RLPR). The referee recommended that respondent be disbarred and that he be immediately suspended pending resolution of this disciplinary proceeding pursuant to Rule 16(e), RLPR.
On December 3, 2023, respondent filed a petition to prevent immediate suspension under Rule 16(e), RLPR. On December 5, 2023, the Director filed a letter requesting that respondent be suspended under Rule 16(e), RLPR, and arguing that respondent’s petition did not provide a good reason to deviate from suspension under that rule. Respondent made additional filings on this topic on December 8, 11, 12, 13, and 15. Rule 16(e), RLPR, provides that, upon a referee’s recommendation of disbarment, "the lawyer’s authority to practice law shall be suspended pending final determination of the disciplinary proceeding, unless the referee directs otherwise or the Court orders otherwise."
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED that respondent Michael B. Padden is temporarily suspended from the practice of law, effective as of the date of filing of this order, pending final resolution of this matter. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals).
BY THE COURT:
/s/ Margaret H. Chutich
Margaret H. Chutich
Associate Justice