2017 WI 97 SUPREME COURT OF WISCONSIN CASE NO.: 2016AP1385-D COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Sergio Magaña, Attorney at Law: Office of Lawyer Regulation, Complainant, v. Sergio Magaña, Respondent. DISCIPLINARY PROCEEDINGS AGAINST MAGAÑA OPINION FILED: November 28, 2017 SUBMITTED ON BRIEFS: ORAL ARGUMENT: SOURCE OF APPEAL: COURT: COUNTY: JUDGE: JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ATTORNEYS: 2017 WI 97 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2016AP1385-D STATE OF WISCONSIN : IN SUPREME COURT In the Matter of Disciplinary Proceedings Against Sergio Magaña, Attorney at Law: Office of Lawyer Regulation, FILED Complainant, NOV 28, 2017 v. Diane M. Fremgen Clerk of Supreme Court Sergio Magaña, Respondent. ATTORNEY disciplinary proceeding. Attorney's license revoked. ¶1 PER CURIAM. We review Referee Jonathan V. Goodman's recommendation that the court declare Attorney Sergio Magaña in default and revoke his Wisconsin law license in connection with his work in 22 client matters, his non-cooperation with the Office of Lawyer Regulation's (OLR) investigation into his conduct, his conviction for misdemeanor operating while intoxicated (second offense), and his failure to report that conviction to the OLR and the clerk of this court. The referee No. 2016AP1385-D also recommended that Attorney Magaña be ordered to pay restitution and the costs of this proceeding. ¶2 Because no appeal has been filed, we review the referee's report pursuant to Supreme Court Rule (SCR) 22.17(2).1 After conducting our independent review of the matter, we agree with the referee that, based on Attorney Magaña's failure to answer the amended complaint filed and served by the OLR, the OLR is entitled to a default judgment. We also agree with the referee that Attorney Magaña's professional misconduct warrants the revocation of his law license. We further agree that Attorney Magaña should pay restitution in the amounts described below, and that he should pay the full costs of this proceeding. ¶3 Attorney Magaña was admitted to practice law in Wisconsin in September 2012. According to the OLR's amended complaint and the referee's report, Attorney Magaña's law license has been suspended for nonpayment of bar dues and for 1 SCR 22.17(2) provides: If no appeal is filed timely, the supreme court shall review the referee's report; adopt, reject or modify the referee's findings and conclusions or remand the matter to the referee for additional findings; and determine and impose appropriate discipline. The court, on its own motion, may order the parties to file briefs in the matter. 2 No. 2016AP1385-D failing to comply with the trust account certification requirements.2 ¶4 In July 2016, the OLR filed a complaint against Attorney Magaña that raised 27 counts of misconduct committed in eight client matters: E.S. (Counts 1-4); M.M.-M. (Counts 5-8); G.A.H. (Counts 9-12); A.G. (Counts 13-15); O.M.G. (Counts 16- 19); A.L. (Counts 20-22); M.S. (Counts 23-24); and M.R. (Counts 25-27). In August 2016, Attorney Magaña filed an answer to the complaint in which he admitted some counts of misconduct ...
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