Matter of Discipline of Schmidt

We address two issues in this attorney discipline case. The first is whether sufficient evidence exists to justify the referee’s findings of fact and conclusions of law; if so, the second is whether the referee’s recommendation that the respondent, Douglas Schmidt, be temporarily suspended from the practice of law is the appropriate sanction to be imposed.

We answer both questions in the affirmative.

The Director of Lawyers Professional Responsibility (Director) in a petition for disciplinary action charged respondent Douglas E. Schmidt with professional misconduct arising out of Schmidt’s…