|
Charles J. Labanowsky III is a Wisconsin-
licensed attorney, whose address of record
is 6123 Green Bay Rd. #210, Kenosha,
Wisconsin 531442-2927.
At or about 3:30 p.m. on April 4, 2009,
Labanowsky was at a Pick ‘n Save grocery
store located at 5710 75th St., Kenosha,
Wisconsin. A store employee observed
Labanowsky take a bottle of vodka out of the
liquor department. The store employee then
saw Labanowsky exiting the store without
paying for the bottle of vodka, so another
store employee stopped Labanowsky and asked
him to empty his pockets. Labanowsky was in
possession of a can of Fritos mild cheddar
cheese dip valued at $2.79, for which he did
not pay. Labanowsky explained that he had
returned the vodka to a shelf and he took
the store employee to show him where
Labanowsky put it. It appeared to the store
employee, however, that Labanowsky pulled
the vodka out of his sleeve when showing him
where it was supposed to be. According to
the store employee, Labanowsky had been
arrested for theft from the store before
and, therefore, was not allowed to be in the
Pick ‘n Save.
An officer of the Kenosha Police Department
was called to the scene. Labanowsky
admitted to taking the Fritos cheese dip.
Labanowsky was arrested and charged with
Misdemeanor Retail Theft, in violation of
Wis. Stats. §§ 943.50(1m)(d) and 4(a).
State v. Charles J. Labanowsky III,
Kenosha
County case no. 09CM684.
At or about 1:00 p.m. on May 8, 2009,
Labanowsky was at a Menard’s store located
at 7330 74 Place, Kenosha, Wisconsin. Two
store security personnel were watching their
surveillance closed-circuit television, when
they observed Labanowsky take a package of
size AA rechargeable batteries valued at
$5.14 off of a shelf, mess with the package,
put his hand in his pockets and then throw
the empty package back on the shelf. The
security personnel then retrieved the empty
battery package. They then approached
Labanowsky and apprehended him as he was
leaving the store with the batteries in his
pocket, but Labanowsky continued to attempt
to leave and they had to physically escort
him back into the store.
An officer of the Kenosha Police Department
was called to the scene. Labanowsky was
arrested and charged with Misdemeanor Retail
Theft, in violation of Wis. Stats. §§ 943.50
(1m)(d) and (4)(a). State v. Charles J.
Labanowsky III, Kenosha County case no.
09CM817.
By a telephone call from his counsel, on
July 24, 2009, Labanowsky reported his
arrests to OLR. On August 17, 2009,
Labanowsky furnished OLR with a copy of the
police reports, the Criminal Complaints and
a letter from Labanowsky self-reporting the
incidents.
After a jury trial on September 16, 2010,
Labanowsky was convicted in State v.
Charles
J. Labanowsky III, Kenosha County case no.
09CM684. On October 27, 2010, Labanowsky
was sentenced to one-year of probation.
That same day, upon prosecutor’s motion, the
charge in State v. Charles J. Labanowsky
III, Kenosha County case no. 09CM817, was
dismissed and read in to the conviction in
State v. Charles J. Labanowsky III,
Kenosha
County case no. 09CM684.
On September 20, 2011, Labanowsky’s counsel
notified OLR of Labanowsky’s conviction.
|
|
By engaging in conduct leading to a criminal
conviction on one count of misdemeanor theft
in State v. Charles J. Labanowsky III,
Kenosha County case no. 09CM684, Attorney
Charles J. Labanowsky III 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 engaging in
conduct leading to a criminal misdemeanor
charge in State v. Charles J. Labanowsky
III, Kenosha County case no. 09CM817,
which
charge was later dismissed and read in with
the conviction in State v. Charles J.
Labanowsky III, Kenosha County case no.
09CM684, Attorney Charles J. Labanowsky III
violated SCR 20:8.4(b).
|
|
Labanowsky has been the subject of prior
discipline, having been publicly reprimanded
in March 2009 for violations of SCR 20:8.4
(b) after being convicted in four separate
circuit court cases of the following:
misdemeanor second offense Operating with
PAC .08 or More; misdemeanor Bail Jumping;
misdemeanor third offense Operating While
Under Influence (OWI); and misdemeanor
fourth offense OWI.
For the above misconduct, and in accordance
with SCR 22.09(3), Attorney Charles J.
Labanowsky III is hereby publicly
reprimanded.
|