OLR Compendium > Public Reprimand of Sallie L. Rubenzer

Public Reprimand of Sallie L. Rubenzer

2007-12

Atty. Sallie Rubenzer, age 48, of West Bend, was charged on August 30, 2006 with fourth offense operating a motor vehicle while intoxicated (OWI). The charges arose out of an incident that occurred August 19, 2006, where Rubenzer was seen driving erratically, including driving in the wrong direction on city streets. A citizen, whose vehicle was nearly hit by Rubenzer’s, contacted police. The officer responding to the call determined that Rubenzer was impaired and arrested her. A blood test showed Rubenzer’s blood alcohol concentration to be .298.

On December 13, 2006, Rubenzer entered a no contest plea to the OWI charge and the court found Rubenzer guilty. SCR 21.15(5) provides: “An attorney found guilty or convicted of any crime on or after July 1, 2002, shall notify in writing the office of lawyer regulation and the clerk of the Supreme Court within 5 days after the finding or conviction, whichever first occurs. … An attorney’s failure to notify the office of lawyer regulation and clerk of the supreme court of being found guilty or his or conviction is misconduct.” Rubenzer did not provide OLR or the clerk of the Supreme Court notice of the guilty finding. On January 25, 2007, Judge Paul Malloy entered a conviction against Rubenzer and sentenced her to an eight-month jail term, with Huber work-release privileges, commencing that day. Judge Malloy also imposed a fine of $2400, suspended Rubenzer’s driver’s license for 33 months and ordered her to undergo an alcohol assessment. Rubenzer did not notify OLR or the clerk of the Supreme Court of the conviction entered against her.

Prior to the 2006 incident, Rubenzer was convicted three separate times for operating a motor vehicle while intoxicated. Following her third conviction, Rubenzer consented to a private reprimand based upon a violation of SCR 20:8.4(b). The reprimand was entered December 13, 2004, and was conditioned upon Rubenzer continuing to receive treatment for alcohol addiction. Rubenzer indicated that she did not inform OLR of the guilty finding or conviction entered against her in 2006 her for her fourth OWI offense because she was unaware of the reporting requirement under SCR 21.15 (5).

By committing a criminal act, fourth offense OWI, that reflects adversely on her fitness as a lawyer, Rubenzer violated SCR 20:8.4 (b). In addition, by failing to notify OLR or the clerk of the Supreme Court of the guilty finding entered against her on December 13, 2006 or of her conviction entered January 25, 2007, Rubenzer violated SCR 21.15(5).

Rubenzer’s prior discipline consists of a private reprimand issued December 13, 2004 for violating SCR 20:8.4(b) by her third OWI conviction.

In accordance with SCR 22.09(3), Atty. Sallie L. Rubenzer is hereby publicly reprimanded.