On Tuesday, April 8, 2025, the Supreme Court of Wisconsin publicly reprimanded Attorney Lynne Layber for professional misconduct stemming from her conviction for a fourth offense of operating a vehicle while intoxicated (OWI). The court’s decision followed a disciplinary proceeding initiated by the Office of Lawyer Regulation (OLR), which concluded that Layber’s actions violated Supreme Court Rule 20:8.4(b), a rule stating that a criminal act reflecting adversely on a lawyer’s fitness constitutes professional misconduct.
The case is entitled “In the Matter of Lynne Layber,” with case no. 2023AP314-D.
The incident leading to her conviction occurred on July 4, 2020, at Sandy Beach Park in Lake Mills. A police officer, alerted by a bystander who reported a possibly intoxicated driver, followed Layber’s vehicle and observed it deviating from its lane. After stopping her, officers detected alcohol on her breath and noted that her driver’s license carried a 0.02% blood alcohol concentration (BAC) limit due to three prior OWI convictions from 1991 and 1999. Layber performed field sobriety tests but refused a preliminary breath test. She was arrested, and a subsequent blood draw, authorized by a warrant, revealed a BAC of 0.106%, exceeding both her restricted limit and the standard legal limit of 0.08%.
The state charged Layber with fourth-offense OWI and operating with a prohibited BAC, both felonies. She promptly reported the charges to the OLR. Layber pleaded no contest to the OWI charge, and the PAC charge was dismissed. The circuit court sentenced her to six months in jail with Huber release privileges and mandated a 33-month ignition interlock device on her vehicle.
In the disciplinary proceeding, Layber initially contested that her conduct violated the ethics rule but later stipulated to a public reprimand after the referee, Charles H. Barr, granted the OLR’s summary judgment motion. The referee found that Layber’s repeated OWI offenses demonstrated a pattern of disregard for the law, adversely reflecting on her fitness as a lawyer.
The court considered aggravating factors, including the pattern of misconduct, and mitigating factors, such as her clean disciplinary record, cooperation with the OLR, and the significant time gap since her prior offenses. Despite these mitigations, the court deemed a public reprimand appropriate, citing the severity of the offense and Layber’s high BAC.
The Supreme Court adopted the referee’s findings and imposed the public reprimand. Additionally, Layber was ordered to pay $3,699.19 in proceeding costs within 60 days. The decision aligns with prior cases where multiple OWI convictions led to similar disciplinary outcomes.
The Disposition states:
“IT IS ORDERED that Attorney Lynne Layber is publicly reprimanded for her professional misconduct.”
According to avvo.com, Ms. Layber is a workers’ compensation attorney in Brookfield, Wisconsin. She attended the University of Wisconsin Law School, graduating in 1992. She acquired her law license in Wisconsin in the same year.
A copy of the original filing can be found here.
