Consent To Disbarment After Conviction For Threatening Disciplinary Counsel
An Illinois attorney has filed a motion for disbarment by consent in light of a series of criminal issues that included threats against his bar prosecutors
First criminal disposition
On May 30, 2017, a judge found Movant guilty of two counts of misdemeanor Resisting Arrest and one count of misdemeanor Aggravated Assault after hearing evidence that on November 3, 2016, Cherry Valley police officers responded to a call of a disturbance near the I-90 entrance ramp and observed Movant near the ramp with a stick in his hand, stumbling and belligerent. Movant refused to comply with multiple commands that he drop the stick and walk away from the entrance ramp. As an officer attempted to detain Movant, Movant made a fist and threatened the officer. After the officer deployed an electronic control device, Movant was taken into custody.
On June 27, 2017, the judge sentenced Movant to 12 months of conditional discharge on the resisting arrest counts, concurrent with 12 months of supervision, with conditions, on the aggravated assault count.
Another encounter with the police
On April 5, 2016, Chicago police arrested Movant after a traffic stop for disobeying a red light. Officers noted a strong smell of alcohol on Movant’s breath, bloodshot eyes and slurred speech. Subsequent to the arrest, police recovered multiple rounds of ammunition, and a firearm from Movant’s vehicle. Movant was charged with misdemeanor Unlawful Possession of a Firearm Without a Valid Firearm Owner’s Identification Card (“FOID”), in violation of 430 ILCS 65/2(a)(1) and 430 ILCS 65/14(a), misdemeanor Unlawful Possession of Ammunition Without a Valid FOID card, in violation of 430 ILCS 65/2(a)(2) and 430 ILCS 65/14(a), traffic offenses including misdemeanor Driving Under the Influence (“DUI”), in violation of 625 ILCS 5/11-501(a)(2). The misdemeanor offenses were charged in the matter of People of the State of Illinois v. Donald Franz, docket number 16119860301 and the DUI was charged in the matter of People of the State of Illinois v. Donald Franz, ticket number TK-175548
On November 17, 2017, Movant pled guilty to a Class A misdemeanor DUI, ticket number TK-175548, the remaining charges of unlawful possession of handguns and ammunition, and various traffic offenses, were dismissed.
On November 29, 2017, Movant was sentenced to 18 months supervision with conditions, which included compliance with the recommendations of the Alcohol and Drug Evaluation Services, mental health evaluations, and intensive outpatient treatment recommendations.
And as to the Administrator
Beginning in August, 2015 and continuing through September, 2016, Movant left a series of hostile and insulting voicemail calls and sent a series of e-mails to Attorney Registration and Disciplinary Commission (“ARDC”) Counsel Scott Renfroe and Administrator Jerome Larkin in which he threatened to kill Mr. Renfroe and Mr. Larkin…
On May 15, 2018, Franz pled guilty to two counts of harassment by telephone or electronic means and was sentenced to 20 months of probation, no contact with Mr. Larkin and Mr. Renfroe, no unlawful contact with the ARDC, and no possession of firearms or ammunition.
More
Beginning in December, 2017 and continuing through August, 2018, Movant left a series of hostile and insulting voicemail calls to ARDC Deputy Administrator James Grogan in which Movant threatened to “come after” Mr. Grogan, defined justifiable homicide, and referred to Mr. Grogan engaging in a sex act with Speaker of the Illinois House, Michael Madigan. The voicemails made by Movant after May 15, 2018, were in violation of the terms of his probation in People of the State of Illinois v. Donald Franz, docket number 16119156601, that Movant have no unlawful contact with the ARDC.
On October 23, 2018, Movant was arrested and charged with two counts of felony Telephone Harassment, in violation of 720 ILCS 5/26.5(2) and 5/26.5-5(b)(2), in People of the State of Illinois v. Donald Franz, docket number 18 CR 15782.
On December 11, 2018, Movant pled guilty to one count of felony Telephone Harassment and was sentenced to 30 months of intensive drug probation with conditions including Global Positioning System (“GPS”) and alcohol monitoring, and 106 days served in custody at the Cook County Department of Corrections, time considered served.
Back to the police
On January 19, 2017, in the late evening, a Crystal Lake police officer responded to a call of a weaving car on Williams Street in McHenry County. The officer arrived at the location and found Movant in the driver’s seat of a parked vehicle with an open bottle of alcohol in the center console cup holder. The officer noted that Movant was unable to follow commands and smelled alcohol on Movant’s breath. As the officer attempted to arrest Movant, the Movant was verbally abusive, called the officer an ‘asshole’ and struggled with the officer, resulting in an injury to the officer’s right hand and finger.
Movant was subsequently arrested, and officers recovered from Movant’s pants pocket a silver colored handgun, Colt semiautomatic pistol with seven rounds of .380 ammunition. The officer determined that Movant had a revoked FOID card and a revoked Concealed Carry License (“CCL”). A search of Movant’s vehicle revealed multiple boxes of rifle ammunition.
On January 20, 2017, in the early morning hours, Movant was arrested by Crystal Lake Police on multiple charges including Aggravated Battery to a Police Officer, Aggravated Resisting a Peace Officer, and Aggravated DUI. During a search of Movant’s vehicle, officers recovered two handguns and multiple rounds of ammunition. Movant was charged with multiple counts of Unlawful Possession of a Firearm and Ammunition without FOID Card in People of the State of Illinois v. Donald Franz, number CLPD 17-001291 and the Aggravated DUI was charged in the matter of People of the State of Illinois v. Donald Franz, ticket number 17 DT 43.
On January 20, 2017, subsequent to Movant’s arrest on charges as detailed [above]…Crystal Lake police officers executed two search warrants at Movant’s home and vehicle and seized 56 firearms and 13,066 rounds of ammunition.
Leading to
On December 13, 2017, Movant pled guilty to the Class 4 felony of Aggravated Resisting of Police Officer, amended charge of Class A misdemeanor DUI, and Unlawful Possession of a Firearm Without Requisite FOID Card. Movant was sentenced to 24 months of probation with conditions, which included that he shall not violate any criminal statute, 10 days confinement in McHenry county jail, compliance with ADES recommendations, and completion of anger management.
On November 9, 2018, Special Prosecutor Charles M. Colburn filed a Petition for Revocation of Probation (“PTR”) based upon Movant’s indictment for Felony Harassment by Telephone, alleging that from July 19, 2018 through August 15, 2018, Movant left harassing voicemails directed at Mr. Grogan, the Deputy Administrator of the ARDC.
On June 11, 2019, Movant entered a blind plea of guilty to the PTR. Movant’s sentencing date is set for August 13, 2019.
The consent is submitted to the Illinois Supreme Court for final action. (Mike Frisch)