False Filing Draws Proposed Sanction

The Illinois Review Board has recommended a five-month suspension

In 2020, Respondent lied to the court and filed false hospital records to support his lie. Respondent’s misconduct occurred in the probate case relating to his mother’s estate. His mother died in 2017 and was survived by her seven adult children. One of her daughters was the executor of her will. Respondent, who was a beneficiary, appeared pro se on his own behalf.

In February 2020, the judge in the probate case ruled on certain issues regarding Respondent’s use of estate assets, including that Respondent had to personally pay for certain expenses, instead of the estate making those payments. Respondent filed a motion in March 2020, requesting additional time to file a motion for reconsideration of that order.

In August 2020, the judge granted Respondent’s motion for an extension of time and ordered Respondent to file his motion to reconsider within two weeks. Respondent did not file his motion on the due date.

In early September 2020, Respondent appeared before the probate judge for a status hearing. At that hearing, Respondent falsely represented that he had been unable to file his motion by the due date because he had been admitted to the Veterans Affairs Hospital for a week in late August. That was not true. Respondent had not been admitted to the hospital in August 2020.

At that hearing, the judge gave Respondent additional time to file his motion to reconsider. The judge also ordered Respondent to provide proof of his hospital stay. The judge ruled that the failure to do so would result in Respondent’s being prohibited from filing his motion to reconsider.

Approximately one week later, Respondent filed his motion to reconsider, and he attached false hospital records to his motion. Respondent had altered dates on pre-existing hospital records in order to make it falsely appear that he had been hospitalized in August 2020, as he had represented to the court, which was not true.

The board rejected a request to remand; the board also rejected the Administrator’s request for an “until further order” condition of the sanction.

Sanction

We find that a five-month suspension is commensurate with Respondent’s misconduct and consistent with discipline that has been imposed for comparable misconduct, without being so harsh that it constitutes punishment.

(Mike Frisch)