Reinstatement Not Recommended
An Illinois Hearing Board declined to recommend reinstatement of a petitioner suspended for a criminal act
On August 11, 2015, a security guard observed Petitioner breaking windows and a glass door in a vacant professional building. Police officers who were called to the scene observed Petitioner yelling, behaving erratically, and stating that people were trying to kill him. According to the police, Petitioner reported having taken prescription medication, Adderall, and cocaine. (Adm. Ex. 3). Petitioner testified that his conduct resulted from a serious mental health emergency due a reaction to prescription medication. (Tr. 17-18). He denies having taken any substances other than Chantix (a smoking cessation aid) and Adderall, both of which had been prescribed to him. (Tr. 48).
Petitioner was charged with, and pleaded guilty to, one class A misdemeanor count of criminal damage to property of less than $300. His judgment of conviction was stayed, and he was placed on supervision for twelve months and ordered to pay a fine of $450. His supervision was terminated as satisfied on February 7, 2017. (Adm. Ex. 3).
Recommendation
To Petitioner’s credit, he recognizes the serious nature of his misconduct and has expressed remorse for it. However, due to his decision not to comply with the recommendation of six to twelve months of sustained treatment, he has not established his rehabilitation by clear and convincing evidence. In addition, we find that more evidence is needed to establish Petitioner’s good character and current knowledge of the law. No witness vouched for Petitioner’s character or legal ability, nor did Petitioner present evidence substantiating his testimony about the continuing legal education courses he completed. Thus, based on the evidence before us, we are unable to conclude that Petitioner is fit to return to practice at this time. Our position is not that Petitioner should never be reinstated, but that he still has work to do to meet the necessary standards. Accordingly, we recommend that the petition for reinstatement be denied.
(Mike Frisch)