Longtime Reader(s)™ surely recall the saga of Kenneth Kratz, the Wisconsin prosecutor who sent sexual texts (what the kids call "sexts") to a victim in a domestic abuse case he was charged with prosecuting, and other terrible behavior.
Today, nearly five years after the conduct, the Supreme Court of Wisconsin has imposed its punishment: a four-month suspension.
Justice Prosser dissents, in part, basically calling out what he sees as a broken attorney discipline process.
h/t Legal Profession Blog
Justice Prosser's partial dissent (over how much Kratz has to pay in costs not about whether Kratz should be disciplined) is interesting. Justice Prosser points out that when the Wisconsin Office of Lawyer Regulation initially investigated Mr. Kratz's texts, they determined that no violation of the Wisconsin Rules of Professional Conduct had occurred. Justice Prosser, correctly, wonders how did that happen. Moreover, the head of the OLR did not even know about the allegations against Mr. Kratz. Justice Prosser also wonders how that could be. While I doubt it will happen, it would be nice if the OLR answered Justice Prosser's questions.
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