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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.
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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).
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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.”
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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.
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