IN RE: DISCIPLINE OF JEFFREY L. ESKIN (2023)

ORDER DECLINING TO SUSPEND OR REFER ATTORNEY

This is a petition under SCR 111 concerning attorney Jeffrey L. Eskin, based on a conviction of animal cruelty, a misdemeanor. According to the documents provided with the petition, Eskin entered a nolo contendere plea, the court stayed adjudication for one year with conditions, and the offense will be amended to a misdemeanor disorderly conduct upon compliance with those conditions. Eskin self-reported the conviction to the State Bar as required by SCR 111(2). See SCR 111(1) (providing that “conviction” includes a plea of nolo contendere “regardless of whether a sentence is suspended or deferred or whether a final judgment of conviction has been entered”).

Under SCR 111, we are required to temporarily suspend and refer an attorney for disciplinary proceedings based on a conviction for a “serious crime.” SCR 111(7), (8). A “serious crime” is defined in SCR 111(6) as a (1) felony and (2) any non-felony that meets certain requirements, such as “adversely reflect[ing] on the attorney's fitness to practice law” or “involv[ing] improper conduct as an attorney, interference with the administration of justice, false swearing, misrepresentation, fraud, willful failure to file an income tax return, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy or solicitation of another to commit a ‘serious crime.’ ”

Although the offense at issue here—misdemeanor animal cruelty—cannot be taken lightly, it does not meet the criteria in SCR 111(6) to trigger a mandatory suspension and referral for disciplinary proceedings. And, having considered the petition and supporting documentation, we decline to exercise our discretionary authority under SCR 111(9) to refer Eskin to a disciplinary board at this time.

It is so ORDERED.

Stiglich, C.J.

Lee, J.

Bell, J.