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In re Wysolmerski8/29/2001
ENTRY ORDER
Original Jurisdiction
In the above-entitled cause, the Clerk will enter:
The Professional Responsibility Board's recommendation that petitioner be reinstated as a member of the Vermont Bar is accepted. The suspension is lifted as of the date of this order.
John A. Dooley, Associate Justice
James L. Morse, Associate Justice
Denise R. Johnson, Associate Justice
Marilyn S. Skoglund, Associate Justice
15-Aug-2001
DECISION NO. 22
STATE OF VERMONT PROFESSIONAL RESPONSIBILITY BOARD
IN RE: Sigismund J. Wysolmerski, Petitioner
PRB File No. 2001-171
This matter is before the undersigned Hearing Panel Members pursuant to Rule 22(D) of Administrative Order 9 ("A.O. 9"), on the Motion for Reinstatement of Petitioner Sigismund J. Wysolmerski dated April 27, 2001. A hearing was held on June 19, 2001 at the offices of Langrock, Sperry & Wool, LLP in Burlington, Vermont. Present were Panel Members Mark L. Sperry, Sara Gear Boyd, and Jane Woodruff, the Petitioner and his counsel, Peter W. Hall, and Michael E. Kennedy, Disciplinary Counsel. At the conclusion of the hearing, Disciplinary Counsel was given until July 3, 2001 to file a request for a further hearing. In a letter to the Panel dated June 29, 2001, Disciplinary Counsel indicated that he has not changed his previously stated neutral position on the Petitioner's Motion, and that "I am leaving the Petitioner to his proof and am neither opposing nor supporting the petition." Accordingly, this matter is now ready for decision.
Findings of Fact
Based on the testimony at the hearing, the Panel makes the following findings of fact:
1. Petitioner was suspended from the practice of law for three years, beginning September 8, 1997 pursuant to an order of the Vermont Supreme Court. (In Re Sigismund Wysolmerski, Esq., 169 Vt 562, 702 A. 2D 73 (July 25, 1997)).
2. The three year term of the suspension expired in September 2000, and Petitioner is eligible to seek reinstatement pursuant to A.O. 9, Rule 22(D).
3. Between mid 1993, when the last of Petitioner's ethical violations occurred, and the beginning of his suspension term in September of 1997, Petitioner continued in the practice of law, with no ethical violations or complaints of violations.
4. Petitioner closed his practice prior to the beginning of his suspension term in an orderly fashion, in compliance with the Code of Professional Responsibility (which was then in effect), referring his pending cases to other counsel and withdrawing of record in pending court cases.
5. There are no outstanding or unresolved professional liability claims against Petitioner. In an action instituted by the firm of Abatiell and Valerio, a counterclaim has been asserted arising out of alleged occurrences while Petitioner was a partner. The counterclaim is covered by insurance, and Petitioner is cooperating in the defense. Disciplinary Counsel has investigated this matter, and it has not changed his stated neutral position on the reinstatement.
6. During his suspension term, Petitioner studied for and obtained a securities license allowing him to sell securities based insurance products, mutual funds, and annuities. He obtained a "Series 66" certification encompassing multi-state, blue sky regulations, and registered investment advisor representative status with the Securities and Exchange Commission Self-Regulatory Agency NASDAQ. Petitioner also became licensed with the Vermont Department of Banking, Insurance, Securities, and Health Ca
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