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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.
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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.
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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).
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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.
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