Attorney Misconduct-License Revocation

WI Court of Supreme Court

Case Name: Office of Lawyer Regulation v. Jerome J. Babiak

Case No 2024AP000587-D

Officials:

Focus: Attorney Misconduct-License Revocation

Attorney Jerome Babiak, a Wisconsin lawyer admitted in 2017, was convicted of two counts of fourth-degree sexual assault arising from incidents involving a woman who sought information from him about criminal proceedings involving her ex-boyfriend. Babiak used his position as an attorney to cultivate a personal relationship with the woman, sending sexually explicit communications and ultimately committing two nonconsensual sexual assaults, one in a courthouse conference room and another at her apartment.

In a disciplinary proceeding brought by the Office of Lawyer Regulation, Babiak stipulated that his conduct violated Wisconsin’s professional-conduct rules by engaging in criminal conduct reflecting adversely on his fitness as a lawyer and by violating the attorney’s oath. A referee recommended a four-year suspension, citing both aggravating factors, including abuse of his position, a pattern of misconduct, and the victim’s vulnerability, and mitigating factors such as remorse, cooperation, counseling, and the absence of prior discipline.

The Wisconsin Supreme Court adopted the referee’s factual findings and misconduct determinations but concluded that a four-year suspension was insufficient. The court emphasized that Babiak’s conduct involved forcible sexual assaults, exploitation of authority derived from his law license, and misconduct occurring in a courthouse. Comparing the case to prior attorney-discipline decisions, the court held that no sanction short of revocation would adequately protect the public, deter similar misconduct, and preserve confidence in the legal profession. Accordingly, the court revoked Babiak’s law license effective January 26, 2024, the date of his prior summary suspension, and ordered him to pay the costs of the disciplinary proceeding.

Decided 05/29/26

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