Office of Lawyer Regulation v. Randi H. Hubatch

2013 WI 94
SUPREME COURT OF WISCONSIN
CASE NO.: 2013AP1483-D
COMPLETE TITLE: 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: November 26, 2013
SUBMITTED ON BRIEFS:
ORAL ARGUMENT:
SOURCE OF APPEAL:
COURT:
COUNTY:
JUDGE:
JUSTICES:
CONCURRED:
DISSENTED:
NOT PARTICIPATING:
ATTORNEYS:
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 PER CURIAM. We review a stipulation filed pursuant
to SCR 22.121 by the Office of Lawyer Regulation (OLR) and
1
SCR 22.12 states as follows: 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.
No. 2013AP1483-D
Attorney Randi H. Hubatch. In the stipulation, Attorney Hubatch
agrees that by engaging 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 31, 2007, for failure to pay State Bar dues. His
license remains suspended. 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.
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No. 2013AP1483-D
¶4 The stipulation states that on 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 July 16, 2013, the parties entered into a
stipulation whereby Attorney Hubatch agreed that his conduct
violated SCR 20:8.4(b). 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. 2013AP1483-D
¶8 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 Having carefully considered this matter, we approve
the stipulation and adopt the stipulated facts and legal
conclusion of professional misconduct. We also agree that,
given the serious nature of the misconduct, a three-year
suspension of Attorney Hubatch's license to practice law is
appropriate. We note that we have previously imposed three-year
license suspensions in cases where attorneys have been convicted
of criminal offenses. For example, in In re Disciplinary
Proceedings Against Calhoun, 196 Wis. 2d 665, 538 N.W.2d 797
(1995), an attorney's license was suspended for three years as
discipline for conduct that resulted in two convictions for
possession and delivery of cocaine and 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.
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No. 2013AP1483-D
¶10 IT IS ORDERED that the license of Randi H. Hubatch to
practice law in Wisconsin is suspended for three years,
effective the date of this order.
¶11 IT IS FURTHER ORDERED that Randi H. Hubatch shall
continue compliance with the provisions of SCR 22.26 concerning
the duties of a person whose license to practice law in
Wisconsin has been suspended.
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No. 2013AP1483-D
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