Words And Bonds

An Illinois Hearing Board has recommended a 90-day suspension of an attorney

Respondent admitted that, while acting as an Assistant State’s Attorney, he made false statements and failed to disclose material information to a judge regarding a bond matter, which acts were dishonest and prejudicial to the administration of justice in violation of Rules 3.3(a)(1), 3.3(d), 8.4(c) and 8.4(d).

In November 2017, a few months after graduating from law school, Respondent began work at the Sangamon County State’s Attorney’s office as an Assistant State’s Attorney in the Traffic and Misdemeanor Division. His duties included handling bond issues and determining the appropriate amounts for bonds.

He took an after hours call from a state trooper he knew “on a personal and professional basis” even though he was not the “on-call” states attorney that evening

[Trooper] Carnes advised Respondent that Carnes’ friend, Anthony Eytchison, had been arrested earlier that day when he went through airport security with a loaded handgun in his briefcase; Eytchison had been booked into the Sangamon County Jail on a Class 3 felony

After speaking with Carnes, Respondent researched the criminal statutes, telephoned the county jail and talked to Sergeant Vivian Brown, who read him the probable cause statement and advised him that Eytchison had been charged with Unlawful Use of a Weapon, a Class 3 Felony, and Invalid Concealed Carry, a Class A Misdemeanor. Brown further advised that Judge Jennifer Ascher was the on-call judge for setting bonds. Brown did not tell Respondent that Eytchison had a valid Firearm Owner’s Identification (F.O.I.D.) Card and/or a Concealed Carry Permit. Respondent believed Eytchison had to have a concealed carry permit to be charged with Invalid Concealed Carry, and concluded he should have been charged with a Class B misdemeanor. (Ans. at pars. 7-9; Tr. 19, 85-87).

Respondent, in his capacity as an Assistant State’s Attorney, had previously contacted judges, including Judge Ascher, after-hours to request bonds for criminal defendants. He sent Judge Ascher a text message, after which she called him. At the time of the call, it was the policy of the State’s Attorney’s Office that bonds in this type of situation were only set after-hours if a criminal defense attorney was in the case. Respondent represented to Judge Ascher that Eytchison had a valid concealed carry permit, he was a good guy, and he had accidentally taken a loaded gun into the airport. When Judge Ascher specifically asked if Eytchison had a defense attorney, Respondent replied that he did and Respondent had spoken with the attorney. Respondent knew his statement that he spoke to an attorney was false when he made it, as no defense attorney was involved. He also knew Judge Ascher would not set a bond if she knew a defense attorney was not involved. (Ans. at par. 10-12, 17-20; Tr. 88-94).

He did not disclose to the judge the circumstances of his involvement; the judge set a low bond as he requested.

He also admitted making false statement to his superiors but the conduct surfaced

Respondent was advised by Wright that he could resign his position or be fired. Respondent resigned and now works for his father’s law office practicing criminal defense and family law. With respect to the Eytchison matter, the case was referred to the Appellate Prosecutor’s office because of the appearance of impropriety created by Respondent’s actions. Ultimately, Eytchison admitted guilt to a Class B misdemeanor and was fined $100.

Sanction

Respondent’s misconduct, particularly his deception of a judge while serving in a position of public trust, warrants more than a minimal sanction, as it was a deliberate act for his own self-gain that reflects negatively on the fairness of government prosecutions. We believe a six month suspension is too severe, however, in light of Respondent’s acknowledgements and other mitigating factors which indicate to us that he will not engage in similar misconduct in the future. Using the Pierceall case as a guide, we conclude that a suspension of ninety day is appropriate.

(Mike Frisch)