Wilcoxson was suspended for two years, with 18 months stayed. An aggravating factor was that Wilcoxson was disciplined for similar misconduct just nine months before be missed the deadline to file the appellate brief, according to the slip opinion of the disciplinary case.
Wilcoxson was hired in January 2019 to file a criminal appeal for a couple’s son. The couple paid $3,000 up front and agreed to pay the remaining $2,000 in monthly installments.
Wilcoxson then filed an appeal with the Second District Court of Appeals, but missed a Feb. 19 deadline for a required brief and did not request a deadline extension. On March 14, the appeals court ordered Wilcoxson to file the brief within 14 days or explain why the case should not be dismissed. Wilcoxson took no action and the appeal was dismissed. Also, Wilcoxson did not tell his clients about the court’s order, according to records.
Wilcoxson and the clients then agreed that instead of receiving a refund of the $3,300 paid, Wilcoxson would file a motion to reopen the appeal without further payment. However, the disciplinary board found that Wilcoxson falsely stated in July to the client that the motion was sent by a runner and that the court would receive it the following day. Ten days later, in response to another email from the client, Wilcoxson falsely said he was awaiting acceptance from the clerk of courts. Later, he either could not be reached by the clients or did not respond to emails from them, records showed.
After hiring new counsel, the clients learned that Wilcoxson had never filed a motion to reopen the appeal or filed an appellate brief. He did refund the $3,300.
Wilcoxson’s suspension is stayed with conditions, including that he serve a one-year period of monitored probation once he is reinstated to the practice of law.
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