Suspension Proposed For Passionate Advocate

A 90-day suspension of a criminal defense attorney has been recommended by the Illinois Review Board.

The board found that, in several matters, the attorney failed to communicate plea offers and revealed confidential information in open court.

There are also findings that the attorney engaged in disruptive behavior before tribunals:

Judge Calabrese appointed  Respondent to represent Monica Boyd who had been charged with theft. Boyd had  previously retained a private attorney. When the private attorney moved to  withdraw from representing Boyd, he informed the judge that he had not received  full discovery from the State. He had requested photo lineups that he had not received and a video that the State tendered to him  did not play. The judge told Boyd that he would give her a short continuance to  obtain another attorney, and told her to talk to Respondent.

Respondent met with Boyd and later appeared before  Judge Calabrese. After some discussion as to when the State could produce the  requested video, Respondent said, “If the court wishes for me to go today, show  me the video, and then I would go today.” Judge Calabrese then replied that he  would pass the matter for trial (apparently to allow her to view the video).

Boyd apparently told Respondent that she needed to  leave to pick up a child from school that day and then she would return to the  courtroom. When the court called the case again, Boyd was not there. Respondent  indicated that the State was just now showing her the video and that Boyd had  left to pick up her child. The judge replied that the case was set for trial and  he issued a warrant for Boyd’s arrest. Respondent replied, “Oh shit”. When the  judge asked her what she said, she said, “Oh shoot” and said it was her fault  that Boyd was not present. The judge issued the warrant.

Another incident before the same judge:

Respondent appeared before Judge  Calabrese on behalf of Tony Rivera. She requested a reduction of Rivera’s bond.  After her request was denied by the judge, she began to raise her voice to the  judge. When the judge noted he had not lost his hearing, Respondent continued to  argue with the judge with a raised voice. Judge Calabrese stated, “Let me just  indicate again, you are yelling on the record. This happens all the time when  you don’t get your way. Because you lose something doesn’t mean you have to  start yelling at me.”

Following her outburst, Respondent was removed from  her assignment and placed on office duty. In late July 2011, the Cook County  Public Defender’s Office terminated Respondent’s employment.

As to mitigation:

Respondent, representing herself, testified in a  rambling narrative. Respondent was admitted to practice law in Illinois and  Indiana in 1981. She testified that she put herself through college and law  school while raising six young children. Her first job after receiving her  license was with the Indiana Lake County Prosecutor’s Office. After about three  years, she then took a job with the United States Department of Justice in the  civil rights division, criminal section in Washington, D.C. In 1987, she  returned to Illinois as an Assistant United States Attorney. In 1995, Respondent  briefly went into private practice with Steven Shobat. She joined the Cook  County Public Defender’s Office in 2004. Respondent did not testify about her  current practice, but mentioned that she had some personal difficulties at the  time of her misconduct.

Her mother had recently passed away and she was  still reeling from her death. Respondent’s birthday was May 10, the day before  the initial misconduct in this matter. She testified that her birthday reminded  her of her mother. She also explained her conduct by saying that she was working  in a “hostile environment.” The Administrator opted not to cross-examine  Respondent.

In mitigation, Respondent also offered the  testimony of Steven Shobat. Shobat met Respondent when they were both at the  U.S. Attorney’s Office. At that time, Respondent was a mentor to Shobat and had  a reputation as an ethical and honest attorney. In 1994, they left the U.S.  Attorney’s Office and went into a private criminal defense practice together.  The partnership lasted about eighteen months. While they initially had a falling  out, they have since resumed their friendship. Shobat said that Respondent is  passionate about her clients.

(Mike Frisch)