Wisconsin Court System
Wisconsin Attorneys' Professional Discipline Compendium
Public Reprimand of Charles J. Labanowsky III
2011-OLR-16
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.