SCR 22.16

(1) The referee has the powers of a judge trying a civil action

and shall conduct the hearing as the trial of a civil action to the court.

The rules of civil procedure and evidence shall be followed. The

referee shall obtain the services of a court reporter to make a verbatim

record of the proceedings, as provided in SCR, Chapter 71.

(2) The hearing shall be held in the county of the respondent's

principal office or, in the case of a non-resident attorney, in the county

designated by the director. The referee, for cause, may designate a

different location.

(3) Unless otherwise provided by law or in this chapter, the

hearing before a referee and any paper filed in the proceeding is public.

(4)(a) If in the course of the proceeding the respondent claims to

have a medical incapacity that makes the defense of the proceeding

impossible, the referee shall conduct a hearing and make findings

concerning whether a medical incapacity makes defense of the

proceeding impossible. The referee may order the examination of the

respondent by qualified medical or psychological experts.

(b) All papers, files, transcripts, communications, and

proceedings on the issue of medical incapacity shall be confidential and

shall remain confidential until the supreme court has issued an order

suspending the attorney's license to practice law, or has otherwise

authorized disclosure.

(c) If the referee finds no medical incapacity that would make the

defense of the proceeding impossible, the referee shall proceed with the

misconduct action.

(d) If the referee finds that a medical incapacity makes the

defense of the proceeding impossible, the referee shall file a report

promptly with the supreme court. If the court disapproves the referee's

finding, the court shall direct the referee to proceed with the misconduct

action. If the court approves the referee's finding, the court shall abate

the misconduct proceeding and suspend the respondent's license to

practice law for medical incapacity until the court orders reinstatement

of the attorney's license under SCR 22.36. Upon reinstatement, the

court shall direct the referee to proceed with the misconduct action.

(5) The office of lawyer regulation has the burden of

demonstrating by clear, satisfactory and convincing evidence that the

respondent has engaged in misconduct.

(6) Within 30 days after the conclusion of the hearing, the filing

of the hearing transcript, or the filing of a final post-hearing brief,

whichever is later, the referee shall file with the supreme court a report

setting forth findings of fact, conclusions of law regarding the

respondent's misconduct, if any, and a recommendation for dismissal

of the proceeding or the imposition of specific discipline, or a statement

advising the court why the referee cannot comply with this deadline and

the date by which the referee will file the report and recommendation.

(7) The referee shall file with the supreme court a

recommendation as to the assessment of reasonable costs within 10

days after the parties' submissions regarding assessment of costs.