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In the Matter of Disciplinary Proceedings Against Brey

490 N.W.2d 15 (1992)

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In the Matter of Disciplinary Proceedings Against Brey

Wisconsin Supreme Court

490 N.W.2d 15 (1992)

Facts

Allen Brey (defendant) was admitted to the practice of law and served as the district attorney for a Wisconsin county. A defendant charged with multiple offenses was in jail for several months awaiting trial. Brey knew that the defendant was represented by counsel. Brey had the defendant taken from his cell to the jail library, expressed his opinion of how the defendant’s attorney was handling the case, and made settlement offers. The defendant told his attorney about the meeting, and the attorney moved for an order barring Brey from prosecuting the case. In an application to the court for appointment of a special prosecutor, Brey denied that he had met with the defendant. The defendant’s attorney filed a grievance with the Board of Attorneys Professional Responsibility (board) (plaintiff). Brey repeatedly denied having had contact with the defendant. At the meeting of the professional-responsibility committee investigating the matter, Brey finally admitted that he had met with the defendant. The referee recommended that Brey’s misconduct be sanctioned by a public reprimand. The board sought a 60-day suspension of Brey’s license to practice law.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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