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ATTORNEY disciplinary
proceeding. Attorney's license
suspended.
¶1 PER CURIAM. We review a
stipulation filed pursuant to SCR 22.12 by
the Office of Lawyer Regulation (OLR) and
Attorney Randi H. Hubatch. In the
stipulation, Attorney Hubatch agrees that by
engaging in conduct leading to a criminal
conviction for felony armed robbery, he
violated SCR 20:8.4(b). He also agrees that
a three-year suspension of his license to
practice law in Wisconsin is an appropriate
level of discipline for his misconduct.
There is no request in this matter for a
restitution award, nor is there a request in
the stipulation for the imposition of costs
against Attorney Hubatch.
¶2 After careful review of the matter,
we agree that a three-year suspension of
Attorney Hubatch's license to practice law
is a proper sanction. Because the matter is
being resolved without the appointment of a
referee, we do not impose any costs on
Attorney Hubatch.
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¶3 Attorney Hubatch was admitted to the
practice of law in Wisconsin in 2004. His
law license was suspended effective October
31, 2007, for failure to pay State Bar
dues. His license remains suspended.
Attorney Hubatch has not previously been the
subject of professional discipline.
¶4 The stipulation states that on
January 11, 2013, Attorney Hubatch donned a
Bucky Badger hat and robbed a Madison,
Wisconsin, credit union of $500 while in
possession of a toy gun. Within the
following week, after being spotted publicly
wearing the Bucky Badger hat, Attorney
Hubatch confessed to a Madison detective
that he had robbed the credit union.
¶5 Attorney Hubatch was charged with
one count of armed robbery in violation of
Wis. Stat. § 943.32(2) in Dane County
Circuit Court Case No. 2013CF117. Attorney
Hubatch pled guilty to the charge on
February 21, 2013. On April 16, 2013, the
circuit court sentenced Attorney Hubatch to
two years in prison, followed by three years
of extended supervision. Attorney Hubatch
is currently incarcerated at the Oshkosh
Correctional Institution.
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¶6 On July 2, 2013, the OLR filed a
complaint alleging that by engaging in
conduct leading to a conviction for felony
armed robbery, Attorney Hubatch violated SCR
20:8.4(b).
¶7 On July 16, 2013, the parties
entered into a stipulation whereby Attorney
Hubatch agreed that his conduct violated SCR
20:8.4(b). He further agreed that it would
be appropriate for this court to impose the
level of discipline sought by the OLR
director, namely, a three-year suspension of
his license to practice law in Wisconsin.
¶8 Attorney Hubatch avers the
stipulation did not result from plea
bargaining. He represents he fully
understands the misconduct allegations and
ramifications should the court impose a
three-year license suspension. He also
states he fully understands his right to
contest the matter and his right to consult
with counsel. He represents that his entry
into the stipulation is made knowingly and
voluntarily.
¶9 Having carefully considered this
matter, we approve the stipulation and adopt
the stipulated facts and legal conclusion of
professional misconduct. We also agree
that, given the serious nature of the
misconduct, a three-year suspension of
Attorney Hubatch's license to practice law
is appropriate. We note that we have
previously imposed three-year license
suspensions in cases where attorneys have
been convicted of criminal offenses. For
example, in In re Disciplinary Proceedings
Against Calhoun, 196 Wis. 2d 665, 538
N.W.2d
797 (1995), an attorney's license was
suspended for three years as discipline for
conduct that resulted in two convictions for
possession and delivery of cocaine and for
numerous misrepresentations to the
sentencing court, the prosecutor, and
physicians regarding the attorney's use of
cocaine and the type of treatment he had
pursued for his addiction. In the instant
case, we find that a three-year suspension
of Attorney Hubatch's license to practice
law will protect the public, the courts and
the legal system from repetition of the
misconduct, will impress upon Attorney
Hubatch the seriousness of his misconduct,
and will deter other attorneys from
committing similar misconduct.
¶10 IT IS ORDERED that the license of
Randi H. Hubatch to practice law in
Wisconsin is suspended for three years,
effective the date of this order.
¶11 IT IS FURTHER ORDERED that Randi H.
Hubatch shall continue compliance with the
provisions of SCR 22.26 concerning the
duties of a person whose license to practice
law in Wisconsin has been suspended.
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