25 prosecutors punished for misconduct since 1981 September 28, 2007 The Wisconsin Supreme Court has punished at least 25 prosecutors for misconduct since 1981. The investigations were conducted by the Office of Lawyer Regulation (OLR) and its predecessor, the Board of Attorneys Professional Responsibility (BAPR). Here are the cases and their dispositions. Monroe County Assistant District Attorney Todd Beatse When cited: 2006 Violations: Browsing pornographic Web sites while at the office and lying during an investigation into his activities; and making offensive comments to a court reporter and in e-mails. Action taken: Public reprimand. Beatse was fired. Lincoln County District Attorney James Blask When cited: 1996 Violations: Providing false information to the police in connection with an incident in which he was charged with and convicted of misdemeanor disorderly conduct; physically confronting and causing harm to an individual in a courthouse office; and failing to respond to requests for information concerning these matters from BAPR. Action Taken: Public reprimand Milwaukee County Assistant District Attorney Randy Scott Bragdon When cited: 1981-86 Violations: While serving as an assistant district attorney and assistant county corporation counsel in Milwaukee and Racine counties, Bragdon continued to practice law while suspended from membership in the State Bar of Wisconsin for failure to pay association dues, comply with continuing education requirements and failure to respond to BAPR inquiries. Action taken: Six-month suspension Taylor County District Attorney Allen Brey When cited: 1992 Violation: While a prosecutor, Brey met with a criminal defendant at the jail knowing the defendant was represented by counsel and without that counsel's consent. Action taken: 60-day suspension Rock County Assistant District Attorney Stephen Carpenter When cited: 1990 Violation: While acting as a prosecutor, Carpenter had communications with a known represented party without contacting the party's attorney. Action taken: Public reprimand Village of Oregon prosecutor Charles Cell When cited: 1991 Violation: Disruptive conduct by blocking the doors to the judge's chambers. Action taken: Public reprimand Juneau County Assistant District Attorney James Cotter When cited: 1992 What cited for: Failed to file income tax returns with the state and federal government from 1984 thru 1988. Cotter also failed to file a brief as a respondent in a criminal appeal, even though he received an extension and numerous notifications from the Court of Appeals. Action taken: Two-year suspension Beloit Assistant City Attorney Mary Donovan When cited: 1997 Violations: Engaging in professional misconduct by forging a certificate of completion for the deferred prosecution program and submitting it to the municipal court to obtain dismissal of charges against an acquaintance who had not been enrolled in the program. Donovan also forged a friend's signature on a letter submitted to municipal court requesting a jury trial. Donovan then represented the city on the charge pending against that friend. Action taken: Six-month suspension Rock County Assistant District Attorney James Dumke When cited: 1992 Violations: As prosecutor, Dumke communicated with a party known to be represented by counsel without counsel's consent. Action taken: Six-month suspension Lincoln County District Attorney Paul Goetz When cited: 1993-95 Violations: Goetz used fictitious names in writing letters critical of the district attorney that he sent to the newspaper and to the Lincoln County District Attorney. The district attorney launched an investigation into the identity of the letter writer. Subsequently, Goetz ran for district attorney and was elected. He then used his position as district attorney to advise the sheriff not to release documents from the investigation under the open-records law. Goetz was cited for conflict of interest, dishonesty and misrepresentation. Action taken: Public reprimand Dodge County District Attorney Kenneth N. Johnson When cited: 1987 Violation: Johnson failed to withdraw from prosecuting a worthless check case in order to thwart an investigation into his own alleged improper conduct in the case. Action taken: Public reprimand and repay $12,156 in costs for the investigation Kenosha Assistant District Attorney Carl Jordan (2 citations) When cited: 2001 Violations: Practiced with a suspended license due to non-compliance with continuing education requirements. Action taken: Public reprimand Second citation: 2002 Violation: Engaged in sexual relations with a defendant's girlfriend, causing conflict of interest. Action taken: Suspended with pay from the Kenosha County District Attorney's Office and soon after resigned. Juneau County District Attorney Jonathan Lindberg When cited: 1992 Violations: Failed to promptly provide dispositional orders in numerous juvenile cases and to make timely contact with a victim in a criminal matter, resulting in the dismissal of the criminal charges. As a private practitioner, Lindberg failed to file final documents to close three probate estates, and he failed to respond to BAPR. Action taken: Six-month suspension Winnebago County District Attorney Joseph Paulus When cited: 2004 Violations: Accepted bribes to fix cases and perform other favors for defendants; filed a false income tax return; engaged in conflict of interest; made false statements to a tribunal; committed a criminal act that reflects adversely on his fitness as an attorney; engaged in conduct involving fraud, dishonesty deceit or misrepresentation. Action taken: License revocation Vilas County District Attorney David Penn When cited: 1993 Violations: While serving as Vilas County district attorney from 1987 through 1992, Penn used marijuana and cocaine, for which he was subsequently convicted. Penn also acted as district attorney in respect to referral and prosecution of nine people who had used illegal drugs with him or had personal knowledge of his drug use. Action taken: Two-year suspension Sauk County Assistant District Attorney Annette Sanders When cited: 1988 Violations: Engaged in professional misconduct by making misrepresentations to the court in two criminal matters. Action taken: 60-day suspension Jefferson County Assistant District Attorney William Watson When cited: 1992 Violations: Had possession of and used cocaine in a judge's chambers while the judge was absent; used cocaine and marijuana on other occasions; and directed his secretary to falsify a driver's license receipt for a friend whose license had been suspended. Action taken: One-year suspension Pierce County Assistant District Attorney Rodney Zemke When cited: 1993-94 Violations: Zemke obtained multiple prescriptions for Valium, not telling the physicians of the others' prescriptions. The prosecutor was charged with a misdemeanor and sentenced to 60 days in jail. Action taken: Public reprimand Kenosha County District Attorney Robert Zapf When cited: Pre-1988 Violations: Communicated with a party without the permission of the party's attorney. In another case, withheld a witness statement from defense counsel that he was obligated to turn over. Action taken: Public reprimand and repay costs of the proceeding. **Six private reprimands were issued against unidentified prosecutors for the following violations: Meeting with defendants without their attorneys' permission (two cases); failure to give a defendant a reasonable opportunity to obtain counsel; failure to send the defendant a copy of a letter he'd sent to a judge; labeling a defendant facing trial a "cocaine queen" of a certain county; and lying to a defense attorney that photographs implicating his client in a crime existed when they did not. SOURCE: Wisconsin Office of Lawyer Regulation electronic database — Compiled by Tammi Jo Dunderi, Dee J. Hall

Police/Prosecutor Misconduct

Truth in Justice