Crimes Lead To Lengthy Suspension
The Wisconsin Supreme Court rejected a referee’s proposed suspension for two years and ordered that an attorney with no prior discipline be suspended for four years.
On June 27, 2019, the OLR filed a four-count disciplinary complaint against Attorney Hanes based on criminal conduct he committed in August 2016 and January 2017. The OLR’s complaint alleged that: (1) by engaging in conduct leading to a Columbia County misdemeanor criminal conviction for fourth degree sexual assault, Attorney Hanes violated Supreme Court Rule (SCR) 20:8.4(b) (Count One);1 (2) by failing to notify the OLR of his Columbia County misdemeanor criminal conviction, Attorney Hanes violated SCR 21.15(5),2 enforceable via SCR 20:8.4(f) (Count Two);3 (3) by engaging in conduct leading to three Calumet County felony criminal convictions for second-degree recklessly endangering safety, fleeing/eluding an officer, and bail jumping, Attorney Hanes violated SCR 20:8.4(b) (Count Three); and (4) by failing to notify the OLR of his Calumet County felony criminal convictions, Attorney Hanes violated SCR 21.15(5), enforceable via SCR 20:8.4(f). The OLR sought a 90-day license suspension.
The referee found the proposed sanction “grossly inadequate,”
The referee expressed frustration with the scant factual record before him, which did not include the underlying criminal complaints, witness statements, or transcripts from the underlying criminal proceedings.
The record was supplemented
According to the record, as supplemented, on August 26, 2016, Attorney Hanes and others went out for dinner and drinks. Afterward, the group returned to an apartment, where a woman in the group fell asleep on a couch. While she was sleeping, Attorney Hanes sexually assaulted her. After she woke up, Attorney Hanes again assaulted her. The woman left and reported the assault to police. On August 29, 2016, Attorney Hanes was charged with one felony count of second-degree sexual assault of an unconscious victim and one misdemeanor count of fourth-degree sexual assault.
He was convicted of the misdemeanor; the felony was dismissed.
Meanwhile, on January 4, 2017, while released on bail in the Columbia County case, Attorney Hanes was pulled over by a Calumet County sheriff for erratic driving. Attorney Hanes’ driver’s license was revoked at the time and, during the stop, the sheriff noticed items in the vehicle commonly associated with drug use.
After disobeying the sheriff’s command to exit his car, Attorney Hanes drove off and a high speed chase ensued. When law enforcement finally cornered Attorney Hanes, he tried to flee on foot; he was ultimately subdued by a Taser.
This led to three felony convictions.
He failed to report both matters as required.
The court concluded that the seriousness of the offenses merited the four-year suspension. (Mike Frisch)