Office of Lawyer Regulation v. Randi H. Hubatch
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2013 WI 94 SUPREME COURT CASE NO.: COMPLETE TITLE: OF WISCONSIN 2013AP1483-D In the Matter of Disciplinary Proceedings Against Randi H. Hubatch, Attorney at Law: Office of Lawyer Regulation, Complainant, v. Randi H. Hubatch, Respondent. DISCIPLINARY PROCEEDINGS AGAINST HUBATCH OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: SOURCE OF APPEAL: COURT: COUNTY: JUDGE: JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ATTORNEYS: November 26, 2013 2013 WI 94 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2013AP1483-D STATE OF WISCONSIN : IN SUPREME COURT In the Matter of Disciplinary Proceedings Against Randi H. Hubatch, Attorney at Law: Office of Lawyer Regulation, FILED Complainant, NOV 26, 2013 v. Diane M. Fremgen Clerk of Supreme Court Randi H. Hubatch, Respondent. ATTORNEY disciplinary proceeding. Attorney's license suspended. ¶1 to SCR 1 PER CURIAM. 22.121 by the We review a stipulation filed pursuant Office of SCR 22.12 states as follows: Lawyer Regulation (OLR) Stipulation. (1) The director may file with the complaint a stipulation of the director and the respondent to the facts, conclusions of law regarding misconduct, and discipline to be imposed. The supreme court may consider the complaint and stipulation without the appointment of a referee. and No. Attorney Randi H. Hubatch. agrees that by engaging 2013AP1483-D In the stipulation, Attorney Hubatch in conduct leading to a criminal conviction for felony armed robbery, he violated SCR 20:8.4(b). He also agrees that a three-year suspension of his license to practice law in Wisconsin is an appropriate level of discipline for his misconduct. There is no request in this matter for a restitution award, nor is there a request in the stipulation for the imposition of costs against Attorney Hubatch. ¶2 After careful review of the matter, we agree that a three-year suspension of Attorney Hubatch's license to practice law is a proper sanction. Because the matter is being resolved without the appointment of a referee, we do not impose any costs on Attorney Hubatch. ¶3 Attorney Hubatch was admitted to the practice of law in Wisconsin in 2004. His law license was suspended effective October failure 31, 2007, for license remains suspended. to pay State Bar dues. His Attorney Hubatch has not previously been the subject of professional discipline. (2) If the supreme court approves a stipulation, it shall adopt the stipulated facts and conclusions of law and impose the stipulated discipline. (3) If the supreme court rejects the stipulation, a referee shall be appointed and the matter shall proceed as a complaint filed without a stipulation. (4) A stipulation rejected by the supreme court has no evidentiary value and is without prejudice to the respondent's defense of the proceeding or the prosecution of the complaint. 2 No. ¶4 The stipulation states that on 2013AP1483-D January 11, 2013, Attorney Hubatch donned a Bucky Badger hat and robbed a Madison, Wisconsin, credit union of $500 while in possession of a toy gun. Within the following week, after being spotted publicly wearing the Bucky Badger hat, Attorney Hubatch confessed to a Madison detective that he had robbed the credit union. ¶5 Attorney Hubatch was charged with one count of armed robbery in violation of Wis. Stat. § 943.32(2) in Dane County Circuit Court Case No. 2013CF117. Attorney Hubatch pled guilty to the charge on February 21, 2013. On April 16, 2013, the circuit court sentenced Attorney Hubatch to two years in prison, followed by three years of extended supervision. Attorney Hubatch is currently incarcerated at the Oshkosh Correctional Institution. ¶6 On July 2, 2013, the OLR filed a complaint alleging that by engaging in conduct leading to a conviction for felony armed robbery, Attorney Hubatch violated SCR 20:8.4(b).2 ¶7 On stipulation July whereby 16, 2013, Attorney violated SCR 20:8.4(b). the parties Hubatch agreed entered that his into a conduct He further agreed that it would be appropriate for this court to impose the level of discipline sought by the OLR director, namely, a three-year suspension of his license to practice law in Wisconsin. 2 SCR 20:8.4(b) states it is professional misconduct for a lawyer to "commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects; . . . ." 3 No. ¶8 2013AP1483-D Attorney Hubatch avers the stipulation did not result from plea bargaining. He represents he fully understands the misconduct allegations and ramifications should the court impose a three-year license suspension. He also states he fully understands his right to contest the matter and his right to consult with counsel. He represents that his entry into the stipulation is made knowingly and voluntarily. ¶9 the Having stipulation carefully and conclusion of given serious the suspension adopt professional of appropriate. considered nature Attorney the this stipulated misconduct. of matter, the Hubatch's We facts to approve and legal agree also misconduct, license we that, a three-year practice law is We note that we have previously imposed three-year license suspensions in cases where attorneys have been convicted of criminal Proceedings offenses. Against For Calhoun, example, 196 in In Wis. 2d 665, re Disciplinary 538 N.W.2d 797 (1995), an attorney's license was suspended for three years as discipline possession for and conduct that delivery resulted of in cocaine two and convictions for for numerous misrepresentations to the sentencing court, the prosecutor, and physicians regarding the attorney's use of cocaine and the type of treatment he had pursued for his addiction. In the instant case, we find that a three-year suspension of Attorney Hubatch's license to practice law will protect the public, the courts and the legal system from repetition of the misconduct, will impress upon Attorney Hubatch the seriousness of his misconduct, and will deter other attorneys from committing similar misconduct. 4 No. ¶10 practice 2013AP1483-D IT IS ORDERED that the license of Randi H. Hubatch to law in Wisconsin is suspended for three years, H. Hubatch shall effective the date of this order. ¶11 IT IS FURTHER ORDERED that Randi continue compliance with the provisions of SCR 22.26 concerning the duties of a person whose Wisconsin has been suspended. 5 license to practice law in No. 1 2013AP1483-D
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