Alcohol & Drugs: MIP, MIC, Intoxication Prosecuted by an unlicensed A.D.A.

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Rona

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Is there any recourse for my felony conviction of drug possession, when the prosecutor was unlicensed-for Vilas County.

FitzGerald failed to pay his annual State Bar dues and assessments that were due on July 1, 2003. As a result, on Oct. 31, 2003, his law license was administratively suspended. FitzGerald received timely notifications of the impending and actual suspension of his license. FitzGerald did not notify the Vilas County district attorney, the Vilas County circuit court, or opposing counsel of his suspension.
In addition, FitzGerald failed to report his CLE attendance at the end of his two-year reporting period in December 2004. Therefore, on June 7, 2005, FitzGerald's license also was suspended for failure to comply with mandatory CLE obligations. Again, FitzGerald received timely notifications of the impending and actual suspension of his license.
FitzGerald practiced law without a valid license until June 10, 2005. He appeared as the prosecutor of record in approximately 85 felony cases, 200 misdemeanor cases, 121 criminal traffic cases, and 180 civil forfeiture cases while his license was suspended.
FitzGerald violated SCR 10.03(6) by continuing to engage in the practice of law between Oct. 31, 2003, and June 6, 2005, while his license was suspended for nonpayment of annual State Bar dues. FitzGerald violated SCR 31.10(1) by continuing to engage in the practice of law between June 6, 2005, and June 10, 2005, while his license was suspended for CLE noncompliance.
FitzGerald violated SCR 22.26(1)(a) by failing to notify his employer of his suspension for nonpayment of annual bar dues. FitzGerald violated SCR 22.26(1)(c) by failing to provide written notification of his suspension and inability to act as an attorney to the Vilas County circuit court and to opposing counsel.
FitzGerald had no prior discipline.
 
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