The Kovac Default Doctrine:
Serial Misconduct + Procedural Default = Mandatory Revocation in Wisconsin

Introduction

Office of Lawyer Regulation v. Peter J. Kovac, 2025 WI 41 is the latest and most sweeping disciplinary action against Milwaukee attorney Peter J. Kovac, culminating in the revocation of his law license. After nearly two decades of public reprimands, suspensions, and repeated warnings, the Wisconsin Supreme Court held that Kovac’s extensive pattern of incompetence, non-communication, and non-cooperation—combined with his failure to answer the OLR’s complaint—warrants the profession’s ultimate sanction.

Beyond the fate of one lawyer, the opinion establishes a clear, formally articulated rule—dubbed in this commentary the “Kovac Default Doctrine.” The doctrine affirms that when a respondent in an attorney-discipline proceeding:

1. defaults by failing to answer or otherwise “join issue,” and
2. the admitted facts show a persistent, aggravated pattern of serious misconduct, especially after prior progressive discipline,

the Wisconsin Supreme Court will treat revocation as the presumptive sanction, absent extraordinary mitigating circumstances.

Summary of the Judgment

The Court (per curiam) adopted the referee’s findings by default: Kovac committed 11 counts of professional misconduct involving two clients in serious criminal matters and one related civil action, and repeatedly ignored OLR inquiries.

• Procedural posture: Kovac did not file a timely answer; the referee granted default under SCR 22.16. Kovac filed an untimely appeal and later merit-less motions, all dismissed.
• Findings: Violations of SCR 20:1.1, 1.3, 1.4, 1.5, 1.16, 8.4(h); and investigative-duty rules SCR 22.03(2)(6).
• Sanction: Revocation of license; assessment of full costs ($6,816.88).
• Concurring opinion: Justice Ziegler (joined by four colleagues) reiterated her view that Wisconsin should recognize permanent (non-reinstatable) revocation in suitable cases.

Detailed Analysis

1. Precedents Cited and Their Influence

• In re Disciplinary Proceedings Against Gegner, 2017 WI 11 – Revocation where attorney showed widespread neglect, misrepresentations, and refusal to cooperate. The Court analogised Kovac’s pattern to Gegner to justify identical discipline.
• In re Disciplinary Proceedings Against Blessinger, 2017 WI 107 – Revocation appropriate where a lawyer is “either unwilling or unable” to conform to professional standards. The phrase is echoed in Kovac to stress futility of lesser sanctions.
• In re Disciplinary Proceedings Against Goldmann, 2018 WI 89 – Confirmed revocation for extensive client harm and trust-account abuses; cited to underline that the Court applies progressive discipline but will revoke when misconduct persists.
• In re Disciplinary Proceedings Against Runyon, 2020 WI 74; Scholz, 2025 WI 13 – Both reiterate that a defaulting lawyer admits the complaint’s allegations, supplying “clear, satisfactory, and convincing evidence.” Kovac incorporates this principle as the evidentiary lynchpin for default-based revocation.
• Tridle v. Horn, 2002 WI App 215 – Civil-procedure authority that a default judgment requires a valid claim on the pleadings. Applied to confirm default validity.
• Earlier Kovac disciplinary cases (public reprimands 2008, 2012, suspensions 2016, 2020) were canvassed to demonstrate escalating sanctions and the inadequacy of anything short of revocation.

2. Legal Reasoning

The Court’s reasoning unfolds in three logical steps:

1. Procedural Default: Under SCR 22.14 & 22.15 a failure to answer permits default. Default admits all factual allegations, satisfying the heightened “clear, satisfactory and convincing” burden applicable to attorney discipline.
2. Substantive Misconduct: The admitted facts show serial violations—lack of fee disclosures, incompetence, non-diligence, non-communication, mishandling of client files, and willful non-cooperation—threatening clients, courts, and the public.
3. Sanction Calibration: Applying ABA Standards §§4 & 9, the Court weighs aggravators (extensive prior discipline, pattern, client harm, refusal to acknowledge wrongfulness) against the sole potential mitigator (unsubstantiated medical issues). It concludes revocation is required to:
   • Protect the public from further harm.
   • Deter other attorneys.
   • Uphold judicial integrity.

3. Impact and Prospective Significance

The ruling’s significance radiates beyond Kovac:

• Codifies a Revocation Presumption on Default: When a lawyer defaults and the complaint describes chronic, aggravated misconduct—especially following prior progressive discipline—revocation is virtually automatic.
• Signals Zero-Tolerance for Post-Judgment Excuses: Vague health assertions or belated “meritorious defenses” will not disturb default unless supported by concrete, timely evidence.
• Strengthens OLR’s Enforcement Toolkit: Encourages OLR to pursue default when respondents stonewall, expediting protection of the public.
• Guides Referees: Reaffirms that SCR 22.16 endows referees with full civil-court powers to enter default and that delay risks to clients and the public are sufficient cause.
• Discussion of Permanent Revocation: Justice Ziegler’s concurrence keeps alive the debate over introducing non-reinstatable revocation for the most egregious cases.

Complex Concepts Simplified

• Default Judgment (Discipline): If an attorney ignores the OLR’s complaint deadlines, the referee may treat the allegations as true and recommend discipline without a trial—similar to losing a civil lawsuit by not filing an answer.
• SCR References:
  • SCR 20 rules = Wisconsin Rules of Professional Conduct (substantive duties to clients, courts, public).
  • SCR 22 rules = Procedure for investigating and prosecuting attorney misconduct.
• Progressive Discipline: The Court generally starts with lesser sanctions (private/public reprimand, suspension) and escalates if misconduct persists. Kovac shows the end of that ladder.
• Machner Hearing: A post-conviction evidentiary hearing (from State v. Machner) to assess claims that defense counsel was ineffective.

Conclusion

Office of Lawyer Regulation v. Kovac crystallizes a decisive rule: where a lawyer with a documented history of escalating discipline again commits serious misconduct and then defaults in the disciplinary proceeding, revocation will follow as a matter of course. The “Kovac Default Doctrine” strengthens Wisconsin’s regulatory framework by:

• Accelerating the removal of demonstrably dangerous lawyers;
• Eliminating tactical advantage from non-participation;
• Reinforcing the integrity of progressive discipline—once the ladder is climbed, there is no rung above revocation.

Finally, the separate concurrence underscores a growing institutional concern: whether “revocation” should sometimes be permanent, an issue the Court may revisit in future rulemaking. For now, Kovac serves as a stern warning that habitual neglect and stonewalling will end a legal career—at least for five years, and perhaps forever.