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Justices suspend gun-toting Portage attorney’s license

By: Erika Strebel, [email protected]//September 15, 2017//

Justices suspend gun-toting Portage attorney’s license

By: Erika Strebel, [email protected]//September 15, 2017//

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The Wisconsin Supreme Court on Friday adopted a referee’s recommendation to suspend the license of a Portage attorney who pointed a gun at a man and punched him.

The Office of Lawyer Regulation charged Steven Sarbacker with five counts of misconduct last year, alleging that Sarbacker had broken attorney-ethics rules for being charged with three criminal misdemeanor counts for punching and pointing a gun at someone in 2016. Sarbacker eventually pleaded no contest to two of the charges, and the third one was dropped.

The OLR also alleged that Sarbacker failed to turn over money owed to a client from the garnishment of a third party’s wages, failed to draw up a required fee agreement and have a client sign it and did not cooperate with the OLR’s investigation into his misconduct.

The Office of Lawyer Regulation had asked that Sarbacker’s license be suspended for 60 days. Sarbacker reached a stipulation with the OLR in March, agreeing to the misconduct charges but not the license suspension the OLR was asking for. Sarbacker, who represented himself, contended that his behavior instead warranted a public reprimand, which does not involve a ban on practicing law.

The referee in the case, James Boll, disagreed with Sarbacker in May, finding that the 60-day license suspension was appropriate. He also found that Sarbacker should pay the full cost of the proceeding. Sarbacker, who is representing himself, did not appeal Boll’s recommendation.

The Wisconsin Supreme Court on Friday adopted Boll’s recommendations, finding that the disciplinary measures that were being sought were appropriate given the court’s previous decisions in two similar cases cited by Boll.

The court suspended Sarbacker’s license starting Oct. 27 and ordered him to pay the OLR $1,375.83 to cover the costs of the disciplinary proceeding.

Because his license suspension is to last less than six months, Sarbacker will not have to petition the court for reinstatement to practice. To be reinstated, he will only have to submit an affidavit.

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