Public Reprimand of Sallie L. Rubenzer
2019-OLR 2
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Sallie L. Rubenzer is a Wisconsin-licensed
attorney, admitted to practice in 1987. She
practices in West Bend, Wisconsin.
In May of 2016, Rubenzer was charged with
felony Operating While Intoxicated, 5th or
6th offense, and driving with a prohibited
alcohol concentration, 5th or 6th offense.
The charges arose from an incident on May 5,
2016. A witness called police on that day
to report that she had observed a woman who
appeared to be impaired purchase a bottle of
liquor at a retail outlet in West Bend. The
woman drove from the store after making her
purchase. The witness followed the woman
and provided the police with the license
plate number of the car. The police
identified the car as Rubenzer’s. An
officer was dispatched and arrived at
Rubenzer’s home. The car was in the
driveway when the officer arrived, but then
proceeded into the garage. As the officer
approached on foot the overhead garage door
closed. As the officer observed the car
through the service door of the garage, the
overhead door reopened and the brake lights
of the car engaged. The officer entered the
garage to prevent Rubenzer from backing the
car out of the garage. The officer
instructed Rubenzer to put the car in park
and turn off the engine. Rubenzer had
difficulty performing the task. Rubenzer
smelled of alcohol, had slurred speech and
swayed as she stood. Rubenzer refused to
perform field sobriety tests. She was
arrested and taken to a hospital. The
police obtained a warrant for a blood draw.
The analysis showed Rubenzer’s blood alcohol
concentration to be .246.
Rubenzer’s constitutional challenge to the
officer’s warrantless entry into her garage
was unsuccessful. On May 9, 2017, Rubenzer
pleaded no contest to one felony count of
operating while intoxicated, 5th Offense.
The trial court withheld sentence and
ordered Rubenzer to serve twelve months in
jail, with Huber privileges, as a condition
of three years of probation. The court
ordered Rubenzer to participate in
counseling and treatment programs as
directed by her probation agent, imposed a
fine and court costs totaling $5175.00, and
revoked Rubenzer’s driving privileges for
three years. Notwithstanding her plea,
Rubenzer appealed the conviction,
challenging the circuit court’s ruling on
her suppression motion. On October 4, 2018,
the Court of Appeals affirmed the
conviction, ruling that the evidence
obtained by the officer after entry into
Rubenzer’s garage was admissible under the
community caretaker exception to the warrant
requirement.
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By engaging in conduct leading to her
conviction for 5th offense OWI, Rubenzer
violated SCR 20:8.4(b), which 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.”
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Rubenzer has prior discipline. In 2003,
Rubenzer received a private reprimand for
non-alcohol-related violations of SCR 20.1.1
and SCR 20:1.16(d). In 2004, Rubenzer
received a private reprimand for violating
SCR 20:8.4(b), following her convictions of
a third Operating While Intoxicated (OWI)
offense and for bail-jumping, due to her
failure to maintain absolute sobriety while
the OWI charge was pending. In 2007,
Rubenzer was publicly reprimanded for a
fourth OWI offense, contrary to SCR
20:8.4(b). Rubenzer also violated SCR
21.15(5) by failing to report her conviction
to the Clerk of the Wisconsin Supreme Court
and to OLR. Finally, in 2009, Rubenzer was
publicly reprimanded for appearing at a
client’s final divorce hearing while
intoxicated, thereby violating SCR 20:1.1.
Following her conviction in May of 2017, in
addition to completing the court ordered
treatment, Rubenzer voluntarily participated
in further treatment and has maintained
sobriety. Rubenzer is currently subject to
probation supervision by the Wisconsin
Department of Corrections in connection with
her conviction for OWI 5th offense. The
supervision will continue through May 9,
2020. The conditions of supervision require
that Rubenzer maintain absolute sobriety and
not enter any business whose primary
business is to serve alcohol. To date,
Rubenzer has maintained compliance with her
probation conditions.
In accordance with SCR 22.09(3), Rubenzer is
hereby publicly reprimanded.
Dated this 28th day of January, 2019.
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