Office of Lawyer Regulation v. Jeremiah W. Meyer-O'Day
CourtWisconsin Supreme Court
Date FiledOctober 22, 2026
Docket2025AP000070-D
StatusPublished
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Full Opinion
2026 WI 34
IN THE MATTER OF DISCIPLINARY PROCEEDINGS AGAINST
JEREMIAH W. MEYER-O’DAY, ATTORNEY AT LAW
OFFICE OF LAWYER REGULATION,
Complainant,
v.
JEREMIAH W. MEYER-O’DAY,
Respondent.
Nos. 2024AP1795-D & 2025AP70-D
Decided October 22, 2026
ATTORNEY DISCIPLINARY PROCEEDINGS
¶1 PER CURIAM. We review Referee Valerie Bailey-Rihn’s report
recommending that the court declare Attorney Jeremiah W. Meyer-O’Day
in default and suspend his license to practice law in Wisconsin for sixty
days as a sanction for six counts of professional misconduct. The referee
also recommends that Attorney Meyer-O’Day pay the full costs associated
with this proceeding, which total $4,144.60 as of August 29, 2025.
¶2 Neither party has appealed from the referee’s report, so we
review this matter pursuant to Supreme Court Rule (SCR) 22.17(2).1 After
Supreme Court Rule 22.17(2) states, “If no appeal is filed timely, the
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supreme court shall review the referee’s report; adopt, reject or modify the
IN RE DISCIPLINARY PROCEEDINGS AGAINST
ATTORNEY JEREMIAH W. MEYER-O’DAY
Per Curiam
completing our review, we approve the referee’s findings and conclusions.
We also agree with the referee that a sixty-day suspension is in order for
Attorney Meyer-O’Day’s misconduct. We order Meyer-O’Day to pay the
full costs of these proceedings. The Office of Lawyer Regulation (OLR) does
not seek restitution, so we impose none.
¶3 Attorney Meyer-O’Day was admitted to practice law in
Wisconsin in 2013. He has a history of prior discipline. In 2018, Meyer-
O’Day was publicly reprimanded for professional misconduct, including
practicing law while suspended, failing to keep a client reasonably
informed about the status of a case, and failing to take steps to protect a
client’s interest. Public Reprimand of Jeremiah Meyer-O’Day, No. 2018-6.
In 2021, Meyer-O’Day was privately reprimanded for failing to keep a client
reasonably informed in a criminal appellate matter and for failing to timely
refund $4,000 of an advanced fee. Private Reprimand, No. 2021-16.
¶4 On September 3, 2024, the OLR filed the first of two
complaints underlying these proceedings. The four counts of misconduct
alleged in the complaint arose out of Attorney Meyer-O’Day’s handling of
four criminal cases. The first OLR complaint alleged that Meyer-O’Day
failed to timely pay a forensic expert hired to analyze evidence in a
homicide case. Despite being reimbursed by the Office of the State Public
Defender (SPD), Meyer-O’Day did not pay the expert witness fees for more
than two years.
¶5 The first OLR complaint also alleged that, even after receiving
numerous extensions of time from the court of appeals, Attorney Meyer-
O’Day failed to file a postconviction motion in client N.I.’s criminal case.
The SPD eventually removed Meyer-O’Day from the case and filed a habeas
corpus petition asserting that Meyer-O’Day provided constitutionally
deficient performance by permitting the appeal deadline to pass.
¶6 The first OLR complaint alleged that, following Attorney
Meyer-O’Day’s removal from N.I.’s case, he failed to respond to emails and
telephone calls from successor counsel requesting the client file.
Approximately one year after successor counsel was appointed, Meyer-
referee’s findings and conclusions or remand the matter to the referee for
additional findings; and determine and impose appropriate discipline.”
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IN RE DISCIPLINARY PROCEEDINGS AGAINST
ATTORNEY JEREMIAH W. MEYER-O’DAY
Per Curiam
O’Day provided her with a portion of N.I.’s file and directed successor
counsel to obtain the remaining materials from trial counsel.
¶7 The first OLR complaint also alleged that Attorney Meyer-
O’Day took a $10,000 flat fee to represent client S.M. in postconviction
proceedings in two matters. When Meyer-O’Day advised S.M.’s father that
there were no arguments to support a request for a plea withdrawal or a
sentencing claim, Meyer-O’Day was terminated. Meyer-O’Day did not
respond to successor counsel’s request for the client file or to S.M.’s father’s
request for a partial refund of $5,000.
¶8 The OLR’s first complaint alleged the following counts of
misconduct with respect to Attorney Meyer-O’Day’s work on the above-
mentioned cases:
COUNT ONE
By failing to disburse $700 for over two years after Meyer-O’Day had
received from the SPD for payment of K.B.B.’s expert services,
Meyer-O’Day violated SCR 20:1.15(e)(1).2
2 SCR 20:1.15(e)(1) states:
(e) Prompt notice and delivery of property.
(1) Notice and delivery. Upon receiving funds or other property in
which a client has an interest, or in which a lawyer has received
notice that a 3rd party had an interest identified by a lien, court
order, judgment, or contract, the layer shall promptly notify the
client or 3rd party in writing. Except as stated in this rule or
otherwise permitted by law or by agreement with the client, the
lawyer shall deliver to the client or 3rd party any funds or other
property that the client or 3rd party is entitled to receive.
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IN RE DISCIPLINARY PROCEEDINGS AGAINST
ATTORNEY JEREMIAH W. MEYER-O’DAY
Per Curiam
COUNT TWO
By failing to file a postconviction motion in N.I.’s case, thereby
allowing N.I.’s direct appeal deadline to lapse and resulting in a
denial of N.I.’s right to appeal, Meyer-O’Day violated SCR 20:1.3.3
COUNT THREE
Following his removal from N.I.’s case, by failing to provide the
client file to N.I. or successor counsel, Meyer-O’Day violated SCR
20:1.16(d).4
COUNT FOUR
Following his termination on January 7, 2022, by failing to provide
S.M.’s client file to successor counsel, thereby delaying and
jeopardizing S.M.’s postconviction rights, Meyer-O’Day violated
SCR 20:1.16(d).
¶9 On January 13, 2025, the OLR filed the second complaint
underlying this matter. The additional counts of misconduct alleged in the
second complaint arose out of Attorney Meyer-O’Day’s work on I.D.’s
postconviction case.
¶10 The second OLR complaint alleged that Attorney Meyer-
O’Day failed to timely file a postconviction motion for client I.D. The court
of appeals granted Meyer-O’Day numerous extensions of time to file the
motion. After I.D. filed a letter asking for help contacting his appellate
attorney, and Meyer-O’Day ignored the court of appeals’ order directing
him to respond to I.D.’s letter, the court of appeals sanctioned Meyer-O’Day
SCR 20:1.3 provides: “A lawyer shall act with reasonable diligence and
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promptness in representing a client.”
4 SCR 20:1.16(d) provides, in pertinent part, that, upon termination of
representation, “a lawyer shall take steps to the extent reasonably practicable to
protect a client’s interests, such as giving reasonable notice to the client, allowing
time for employment of other counsel, surrendering papers and property to which
the client is entitled[.]”
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IN RE DISCIPLINARY PROCEEDINGS AGAINST
ATTORNEY JEREMIAH W. MEYER-O’DAY
Per Curiam
$25 per day for each day a response was not filed. When Meyer-O’Day
failed to respond to this order, the court of appeals sanctioned him $775.
Meyer-O’Day again failed to respond to the sanction order, so the court of
appeals sanctioned him an additional $275 and barred him from practicing
in the court of appeals.
¶11 The OLR’s second complaint alleged the following counts of
misconduct with respect to Attorney Meyer-O’Day’s representation of I.D.:
COUNT ONE
By failing to either withdraw from the representation of I.D. after
consulting I.D. or to timely file a postconviction motion on behalf of
I.D., and only doing so after the Wisconsin Court of Appeals
suspended Attorney Meyer-O’Day from practice before that court
until such time as he paid $1,050 in sanctions and filed the
postconviction motion on behalf of I.D., Attorney Meyer-O’Day
violated SCR 20:1.3.
COUNT TWO
By failing to respond to four orders of the court of appeals (dated
February 9, March 11, April 2, and April 12, 2024), requiring him to
file a response regarding the status of I.D.’s case, Attorney Meyer-
O’Day violated SCR 20:3.4(c).5
¶12 Attorney Meyer-O’Day failed to timely file an answer to the
OLR’s first complaint. The referee held a telephonic hearing on the OLR’s
motion for default and allowed Meyer-O’Day until March 3, 2025
(approximately six months after the first complaint was filed) to file an
answer. When Meyer-O’Day filed a late response on March 10, 2025, he
admitted to most of the OLR’s substantive allegations but denied the four
5 SCR 20:3.4(c) provides: “A lawyer shall not: (c) knowingly disobey an
obligation under the rules of a tribunal, except for an open refusal based on an
assertion that no valid obligation exists.”
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IN RE DISCIPLINARY PROCEEDINGS AGAINST
ATTORNEY JEREMIAH W. MEYER-O’DAY
Per Curiam
counts of misconduct.6 On April 2, 2025, Meyer-O’Day filed a timely answer
to the second OLR complaint, admitting to the factual allegations but again
not acknowledging that that those facts constituted violations of the rules
of professional conduct.
¶13 On April 11, 2025, the referee granted the OLR’s motion for
default judgment. The referee consolidated the two matters and directed
the parties to submit briefs regarding the appropriate sanction. The OLR
timely filed a brief but Attorney Meyer-O’Day failed to do so.
¶14 The referee issued a report recommending that this court
grant the OLR’s motion for default judgment. In so doing, the referee
deemed the allegations in the complaints to be established. The referee also
recommended a sixty-day suspension of Attorney Meyer-O’Day’s law
license. Regarding his failure to file postconviction motions, the referee
explained that there was a need to protect the public, the courts, and the
legal system because Meyer-O’Day negatively impacted the quality of
justice received by criminal defendants and created additional work for
others including the SPD, which had to remove him from the case and
assert ineffective assistance of counsel to safeguard N.I.’s constitutional
rights. With respect to his failure to abide by court orders, the referee
reasoned that Meyer-O’Day’s actions showed that he did not understand
the importance of deadlines and observed that, even in this matter, he filed
a late answer to the first complaint and he never responded to the OLR’s
sanction motion.
¶15 Attorney Meyer-O’Day did not appeal from the referee’s
report and recommendation. Thus, we proceed with our review of the
matter pursuant to SCR 22.17(2). We review a referee’s findings of fact
subject to the clearly erroneous standard. See In re Disciplinary Proceedings
Against Eisenberg, 2004 WI 14, ¶5, 269 Wis. 2d 43, 675 N.W.2d 747. We
review the referee’s conclusions of law de novo. Id. We determine the
appropriate level of discipline independent of the referee’s
recommendation. See In re Disciplinary Proceedings Against Widule, 2003 WI
34, ¶44, 261 Wis. 2d 45, 660 N.W.2d 686.
6 For example, Attorney Meyer-O’Day admitted that he obtained a $10,000
flat fee from S.M.’s father, but stated that this amount covered file review and
investigation, but not the filing of a postconviction motion or appeal.
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IN RE DISCIPLINARY PROCEEDINGS AGAINST
ATTORNEY JEREMIAH W. MEYER-O’DAY
Per Curiam
¶16 We agree with the referee that Attorney Meyer-O’Day should
be declared in default. Although Meyer-O’Day disputed the counts charged
in the complaints, he admitted the large majority of the factual allegations.
The contested allegations were limited to the first complaint and did not
dispute the core facts underlying the charged counts. Thus, we agree that
the referee properly relied on the allegations of the complaints and that they
prove by clear, satisfactory, and convincing evidence that Meyer-O’Day
committed all of the counts of misconduct alleged in the complaints. See In
re Disciplinary Proceedings Against Coplien, 2010 WI 109, ¶¶10-11, 329 Wis. 2d
311, 788 N.W.2d 376.
¶17 We turn now to the appropriate level of discipline to impose.
The relevant factors for imposing discipline are: the seriousness, nature,
and extent of the misconduct; the level of discipline needed to protect the
public; the need to impress upon the attorney the seriousness of the
misconduct; and the need to deter other attorneys from similar misconduct.
In re Disciplinary Proceedings Against Zenor, 2021 WI 77, ¶10, 399 Wis. 2d 326,
964 N.W.2d 775. Sources of guidance in determining appropriate sanctions
include prior case law and the ABA Standards for Imposing Lawyer
Sanctions (ABA Standards), including the aggravating and mitigating
factors set forth therein. See In re Disciplinary Proceedings Against Merry, 2024
WI 16, ¶¶29-36, 411 Wis. 2d 319, 5 N.W.2d 285.
¶18 Our caselaw supports a finding that a suspension is
appropriate. Even where a respondent-attorney has little to no disciplinary
history, we have issued suspensions for the neglect of clients and their legal
matters, including failure to file timely notices in criminal matters and
ignoring court orders.7 Recently, this court imposed a three-month
suspension for an attorney with two prior private misconduct reprimands
who failed to appear at multiple court appearances and then failed to
comply with the court’s order directing him to explain his failures to
appear. In re Disciplinary Proceedings Against Rupich, 2026 WI 32, 421 Wis. 2d
706, 39 N.W.3d 126.
7 See, e.g., In re Disciplinary Proceedings Against Saltzwadel, 2022 WI 48, 402
Wis. 2d 465, 975 N.W.2d 641 (imposing sixty-day suspension on attorney who
failed to file timely notices in criminal matters, failed to respond to client inquiries,
and failed to act with diligence and promptness).
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ATTORNEY JEREMIAH W. MEYER-O’DAY
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¶19 The ABA standards also support suspension. We agree with
the referee that, regarding Attorney Meyer-O’Day’s failure to file
postconviction motions and his delay in turning over client files, Meyer-
O’Day failed to adequately protect the constitutional rights of his clients.
There is no dispute that this misconduct caused actual injury and potential
injury to his clients. On these facts, the ABA Standards suggest that
suspension is the appropriate sanction. See ABA Standard 4.42(a)
(recommending a presumptive sanction of suspension when “a lawyer
knowingly fails to perform services for a client and causes injury or
potential injury to a client”); ABA Standard 6.22 (“suspension is generally
appropriate when a lawyer knows that he or she is violating a court order
or rule”).
¶20 We turn next to the aggravating and mitigating factors under
the ABA Standards. The aggravating factors begin with Attorney Meyer-
O’Day’s pattern of neglect in handling his affairs and commission of
multiple offenses. See ABA Standards 9.22(c) and (d). Additionally, he has
decades of experience in the practice of law, and a history of being
sanctioned for similar conduct, both of which establish that he should have
known better. See ABA Standards 9.22(a) and (i). As a mitigating factor, he
has acknowledged the wrongful nature of his conduct by admitting the
majority of the factual allegations. See ABA Standard 9.22(e).
¶21 Taking all of the above into account, we agree with the referee
that a sixty-day suspension is warranted. We trust that this is a sufficient
punishment to impose a much-needed deterrent effect, both to Attorney
Meyer-O’Day and to other members of the bar. We are also convinced that
anything less than a sixty-day suspension would not adequately protect
potential clients, the public, and the courts from Meyer-O’Day.
¶22 With respect to costs, which total $4,144.60 as of August 29,
2025, Attorney Meyer-O’Day does not dispute them. As is our normal
practice, we deem it appropriate to impose the full costs of this proceeding
on him. See SCR 22.24(1m).
¶23 Inasmuch as the OLR does not seek restitution, none will be
imposed.
¶24 IT IS ORDERED that the license of Attorney Meyer-O’Day is
suspended for a period of sixty days, effective as of the date of this order.
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IN RE DISCIPLINARY PROCEEDINGS AGAINST
ATTORNEY JEREMIAH W. MEYER-O’DAY
Per Curiam
¶25 IT IS FURTHER ORDERED that within 60 days of the date of
this order, Attorney Meyer-O’Day shall pay to the Office of Lawyer
Regulations $4,144.60 as the costs of this proceeding.
¶26 IT IS FURTHER ORDERED that, to the extent he has not
already done so, Attorney Meyer-O’Day shall comply with these provisions
of SCR 22.26 concerning the duties of an attorney whose license to practice
law has been suspended.
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