OLR Compendium > Public Reprimand of Craig A Kubiak

Public Reprimand of Craig A Kubiak

2010-OLR-6

Craig A. Kubiak (“Kubiak”), age 43, is a Wisconsin-licensed attorney whose State Bar identification number is 1019273. Kubiak was admitted to practice in Wisconsin on May 20, 1991. Kubiak engages in the private practice of law at Kubiak Law Office LLC, 5605 Waterford Lane, Appleton, Wisconsin 54913.

On Friday, December 19, 2008, Kubiak was the subject of a traffic stop conducted by the Calumet County Sheriff’s Department, which led to charges of Operating While Under Influence (2nd) and Operating With PAC .08 or More (2nd). State of Wisconsin vs. Craig A. Kubiak, Calumet County case no. 2009CT15, filed January 19, 2009. Law enforcement responded following a report of Kubiak’s one- car accident, which occurred shortly before 3:00 p.m. The probable cause section of the criminal complaint filed against Kubiak stated in part, “…[T]he analyst tested a sample of the defendant’s blood drawn at Calumet Medical Center within three hours of the defendant’s observed driving/operating, and the results of that examination indicated the presence of 0.252% alcohol by weight in the defendant’s blood.”

On March 9, 2009, pursuant to a plea of no contest, Kubiak was convicted of misdemeanor Operating While Under Influence (2nd) in Calumet County case no. 2009CT15. The charge of Operating With PAC .08 or More (2nd) was dismissed but read in for sentencing purposes. Kubiak’s sentence included 30 days of jail time with Huber privileges, license revocation for 18 months (eligibility for occupational license commencing March 2010), and a fine.

Kubiak did not report his criminal conviction in Calumet County case no. 2009CT15 to the Office of Lawyer Regulation (“OLR”) and the Clerk of the Supreme Court, as required under SCR 21.15(5). In correspondence to OLR dated July 1, 2009, Kubiak stated that he had been under the mistaken impression that he was not required to report a misdemeanor conviction. The reporting requirement under SCR 21.15(5), however, does not distinguish between misdemeanor and felony convictions. Further, Kubiak was disciplined in 2006 in connection with a misdemeanor conviction.

Kubiak received a consent private reprimand on June 21, 2006. The conduct leading to the private reprimand occurred on April 21, 2005. While driving under the influence of alcohol, Kubiak struck and caused minor damage to two moving vehicles. Kubiak failed to stop at the scene of the accidents but was subsequently arrested after his own vehicle struck a telephone pole. Kubiak was charged in Calumet County Circuit Court with two counts of misdemeanor hit and run, and with ordinance-level first offense operating while under influence. Kubiak pled no contest to the OWI charge and one of the hit and run charges. The other hit and run charge was dismissed but read in for sentencing purposes. The hit and run conviction provided evidence of a violation of SCR 20:8.4(b).

By engaging in conduct leading to a criminal conviction of second offense Operating While Under Influence in Calumet County case no. 2009CT15, Attorney Craig A. Kubiak 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.”

By failing to report his criminal conviction in Calumet County case no. 2009CT15 to OLR and the Clerk of the Supreme Court, Kubiak violated SCR 21.15(5), which states:

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. The notice shall include the identity of the attorney, the date of finding or conviction, the offenses, and the jurisdiction. An attorney’s failure to notify the office of lawyer regulation and clerk of the supreme court of being found guilty or his or her conviction is misconduct.

SCR 21.15(5) is enforceable under the Rules of Professional Conduct via SCR 20:8.4(f), which states, “It is professional misconduct for a lawyer to…violate a statute, supreme court rule, supreme court order or supreme court decision regulating the conduct of lawyers.”

Kubiak’s prior discipline consists of the 2006 private reprimand described above.

In accordance with SCR 22.09(3), Attorney Craig A. Kubiak is hereby publicly reprimanded.

Dated this 27th day of May, 2010.