Office of Lawyer Regulation v. Saltzwadel (In re Disciplinary Proceedings Against Crystal L. Saltzwadel)

402 Wis.2d 465

975 N.W.2d 641

2022 WI 48

In the MATTER OF DISCIPLINARY PROCEEDINGS AGAINST Crystal L. SALTZWADEL, Attorney at Law:

Office of Lawyer Regulation, Complainant,

v.Crystal L. Saltzwadel, Respondent.

No. 2022AP645-D

Supreme Court of Wisconsin.

Opinion Filed: June 28, 2022

ATTORNEY disciplinary proceeding. Attorney's license suspended.

PER CURIAM.

¶1 The Office of Lawyer Regulation (OLR) and Attorney Crystal L. Saltzwadel have filed a stipulation pursuant to Supreme Court Rule (SCR) 22.12 agreeing that Attorney Saltzwadel's license to practice law in Wisconsin should be suspended for 60 days for professional misconduct she committed in connection with five client matters. After reviewing the matter, we approve the stipulation, adopt the stipulated facts and conclusions of law, and impose the stipulated discipline. Given the comprehensive stipulation, which avoided the need to litigate this matter and to appoint a referee, we impose no costs in connection with this proceeding.

¶2 Attorney Saltzwadel was admitted to practice law in Wisconsin in 2007. In February 2020, this court imposed a public reprimand upon Attorney Saltzwadel for misconduct in six client matters, including her failure to act with reasonable diligence and promptness; failure to keep clients reasonably informed about the status of their cases and respond to requests for information; and failure to provide the OLR timely responses to client grievances. Public Reprimand of Crystal L. Saltzwadel, No. 2020-3 (electronic copy available at https://compendium.wicourts.gov/app/raw/003129.html).

¶3 On April 18, 2022, the OLR filed another complaint against Attorney Saltzwadel alleging 11 counts of misconduct in five client matters. The misconduct in this matter is similar to the misconduct that gave rise to her 2020 public reprimand. Attorney Saltzwadel failed to file a timely notice of intent to pursue postconviction relief (NOI) on behalf of four clients and failed to respond to inquiries from the four clients and others on their behalf about the status of their cases. She also failed to meaningfully engage with defense counsel in a separate federal case who sought to shorten their mutual client's time of incarceration and she failed to provide that client with a copy of his revocation decision.

¶4 The first two counts of misconduct relate to Attorney Saltzwadel's representation of A.W. In 2019, the Office of the State Public Defender (SPD) appointed Attorney Saltzwadel to represent A.W. in a criminal case involving one misdemeanor and two felonies. A.W. was found guilty of all charges and was sentenced to three years of initial confinement followed by two years of extended supervision. At his sentencing hearing, A.W. and Attorney Saltzwadel signed a NOI, indicating that A.W. intended to seek postconviction relief.

¶5 On March 5, 2020, Attorney Saltzwadel sent A.W. a letter stating that she had filed the NOI on his behalf, her representation of him had ended, and that the SPD would appoint him an appellate attorney. A.W. did not receive Attorney Saltzwadel's letter, possibly because he was moved among different correctional facilities. However, A.W. and his family repeatedly tried to contact Attorney Saltzwadel by telephone regarding his appeal. They received no response from her.

¶6 Eventually, A.W. filed a grievance with the OLR. In July 2020, the OLR informed Attorney Saltzwadel of the grievance and that it appeared no NOI had been filed on A.W.’s behalf. Attorney Saltzwadel told the OLR she had filed a NOI and a motion for extension of time to file a NOI on A.W.’s behalf. However, the copy of the document she provided to the OLR was not file stamped by the court. Attorney Saltzwadel said she believed she had timely filed the NOI. That day, Attorney Saltzwadel sent a letter to A.W. informing him she would file his NOI immediately. Again, A.W. did not receive Attorney Saltzwadel's letter; he was still moving among correctional facilities.

¶7 On August 17, 2020, the SPD received a letter from A.W. asking for appointment of appellate counsel for his upcoming "appeal hearing filed by Attorney Crystal L. Saltzwadel." On August 27, 2020, the SPD advised A.W. that no NOI had yet been filed on A.W.’s behalf.

¶8 On October 2, 2020, the court of appeals received a NOI together with an extension motion filed by Attorney Saltzwadel on A.W.’s behalf. The court granted the motion and retroactively extended the deadline, permitting A.W. to file his NOI. However, Attorney Saltzwadel was unable to explain the discrepancy between her assertion to the OLR that she had filed the NOI on July 7, 2020, and the court's documented receipt of the NOI some three months later.

¶9 The next count of misconduct pertains to Attorney Saltzwadel's representation of S.H. On March 12, 2019, the SPD appointed Attorney Saltzwadel to represent S.H. on two felonies. In October 2019, S.H. was found guilty on both felonies, and she was later sentenced to ten years of initial confinement followed by five years of extended supervision. At sentencing, S.H. and Attorney Saltzwadel signed a NOI, which indicated S.H.’s intent to seek postconviction relief.

¶10 After sentencing, S.H. and her mother contacted Attorney Saltzwadel to confirm that a NOI had been filed. Attorney Saltzwadel claimed that a NOI had been filed and that S.H. would hear from her appellate counsel within 60 days.

¶11 In January 2020, S.H. learned the NOI had not been filed. On January 10, 2020, Attorney Saltzwadel received an email from a supervisor at the SPD who informed Attorney Saltzwadel that S.H. and her family had been inquiring about appellate counsel but it appeared no NOI had been filed. The SPD urged Attorney Saltzwadel to file the NOI immediately. Attorney Saltzwadel took no steps to file a NOI for S.H. after receiving this email.

¶12 On January 28, 2020, Attorney Saltzwadel received a follow-up email from the SPD. Shortly thereafter, another attorney with the SPD filed the NOI, along with a motion to extend the deadline for S.H. to file an appeal. Later that same day, Attorney Saltzwadel emailed the SPD and claimed she did not know what had happened to the NOI and that she had a printed copy in her file. Attorney Saltzwadel also sent a letter to S.H., stating that she had believed S.H.’s NOI was filed the day of the sentencing hearing, but she had learned this was not the case.¹ Attorney Saltzwadel's letter further stated that the NOI had now been filed, as well as a motion to extend the deadline to file an appeal. On February 3, 2020, the court of appeals retroactively extended the deadline, permitting S.H. to file a NOI.

¶13 S.H. filed a grievance against Attorney Saltzwadel and the OLR commenced an inquiry. Attorney Saltzwadel told the OLR that when she returned to her office after S.H.’s sentencing hearing, she signed into the efiling system and uploaded the NOI and that she was "unaware that the notice was never submitted."

¶14 The next allegations of misconduct pertain to Attorney Saltzwadel's representation of S.J. On September 9, 2019, the SPD appointed Attorney Saltzwadel to represent S.J. in three ongoing criminal cases involving six felonies. In October 2019, S.J. was convicted of five felonies. S.J. was sentenced to six years of initial confinement and six years of extended supervision. That same day, S.J. and Attorney Saltzwadel signed a NOI for each of the three cases, reflecting S.J.’s intent to seek postconviction relief.

¶15 On April 12, 2020, S.J. contacted the SPD's office expressing concern because he had learned that Attorney Saltzwadel had not filed the NOIs and he had received no information about his appeal. S.J. told the SPD that he had written to Attorney Saltzwadel but she had not responded.

¶16 The SPD emailed Attorney Saltzwadel on numerous occasions about S.J. Attorney Saltzwadel told the OLR she believed she had electronically filed the NOIs shortly after the sentencing hearing, but had no explanation for why they were not filed. She claimed that she would file all three NOIs and that she would request extensions of time to file those documents.

¶17 On June 5, 2020, Attorney Saltzwadel belatedly filed all three NOIs on S.J.’s behalf, but failed to request an extension of the filing deadline. On July 22, 2020, another SPD attorney filed a petition for a writ of habeas corpus on S.J.’s behalf, alleging that Attorney Saltzwadel was ineffective for failing to timely file the NOIs on S.J.’s behalf, and thus successfully obtained reinstatement of S.J.’s appellate rights.

¶18 The next client matter in this proceeding involves Attorney Saltzwadel's representation of M.J. On November 13, 2019, M.J. was convicted of two felonies and one misdemeanor. M.J.’s trial counsel withdrew shortly thereafter and Attorney Saltzwadel was appointed by the SPD as successor counsel. After sentencing, a NOI was prepared, indicating that M.J. intended to seek postconviction relief.

¶19 In May 2021, M.J. contacted the SPD's office expressing concern because he had learned his NOI had not been filed. M.J. said he had attempted to contact Attorney Saltzwadel personally and through third parties, using email and voicemails, but she had not responded.

¶20 In June 2021, the SPD contacted Attorney Saltzwadel and informed her that M.J.’s NOI had not been filed. Attorney Saltzwadel said she would need to consult her file to see what happened. In August 2021, after several more follow-up inquiries from the SPD, Attorney Saltzwadel replied that she had a NOI in her file and did not know why it was not filed with the court. On September 3, 2021, Attorney Saltzwadel told the SPD she would file the NOI. On September 16, 2021, Attorney Saltzwadel finally filed a NOI on M.J.’s behalf.

¶21 On September 20, 2021, another attorney with the SPD successfully filed a petition for a writ of habeas corpus on M.J.’s behalf, alleging that Attorney Saltzwadel was ineffective for failing to timely file the NOI and thus successfully obtained...