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Fox Valley lawyer loses license for 4 years after sexual assault, felony convictions

By: Michaela Paukner, [email protected]//December 9, 2020//

Fox Valley lawyer loses license for 4 years after sexual assault, felony convictions

By: Michaela Paukner, [email protected]//December 9, 2020//

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A Fox Valley attorney will lose his law license for four years after being convicted of sexually assaulting a woman and running from the police.

The Wisconsin Supreme Court went beyond a referee’s recommended punishment for Benjamin A. Hanes, who practiced as Ben Hanes Attorney at Law in Menasha. He had previously worked as an assistant district attorney and contract assistant district attorney in Waushara, Winnebago and Calumet counties.

The Office of Lawyer Regulation filed a four-count complaint against Hanes in 2019 after he had been convicted of fourth-degree sexual assault and three felonies. The OLR asked for a 90-day suspension, but after meeting with Hanes, the referee in the case deemed 90 days “grossly inadequate.”

According to the high court’s opinion released on Wednesday, the referee was frustrated with a scant factual record, which did not include underlying criminal complaints, witness statements or transcripts from the criminal proceedings. At a hearing on a proposed stipulation, the referee asked Hanes if he’d like to share documents in the criminal files. The opinion said Hanes declined and attributed his misconduct in part to an anxiety disorder, though he didn’t provide any evidence to substantiate his statement.

The referee ultimately recommended a two-year suspension. The OLR filed a motion to supplement the record and a motion to reconsider, again arguing for the 90-day suspension. The referee granted the motion, supplemented the record and later reaffirmed the recommendation for a two-year suspension.

In June, the high court issued an order directing the parties to show why it should not suspend Hanes’ license for at least two years and impose full costs. The OLR again stood by its recommendation for a 90-day suspension.

“We firmly agree with the referee that the proposed 90-day suspension was too low,” the opinion said. “(I)ndeed, we are surprised that the OLR continues to defend its recommendation.”

The state Supreme Court decided to impose a four-year suspension, citing the seriousness of Hanes’ misconduct.

“(H)is conduct – which included not only sexual assault but a separate incident of criminally reckless conduct that jeopardized the lives of law enforcement officers and the public – is ‘grossly incompatible with the standards of professionalism expected of attorneys,'” the opinion said.

Hanes must also pay $7,704.67 in costs of the proceeding.

His law license remains administratively suspended for failing to pay State Bar dues, certify trust information and comply with requirements for continuing legal education.

The high court also ordered several conditions for Hanes’ future reinstatement, including participating in mental health, alcohol and drug-abuse assessments, and complying with treatment recommended after the assessments.

The State Bar’s lawyer directory does not list a phone number or email for Hanes, and the website for his law firm no longer exists.

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