Suspension Proposed For False Statements
False statements in job and judicial applications have led to a proposed one-year suspension from the Illinois Review Board
As charged in Count I of the disciplinary complaint, in 2016, Respondent applied for the position of Associate Judge, and he intentionally made a false statement about his trial experience on the judicial application. He was asked to list two jury cases that he had tried. One of the cases he listed was People v. Castillo. In fact, Respondent had not tried that case. (Tr. 81.)
As charged in Count II of the disciplinary complaint, in 2019, Respondent applied for a position with the McHenry Office to be the first chair trial attorney, prosecuting criminal cases, in a felony courtroom. He intentionally made false statements about his trial experience during an interview for the position, and in several subsequent conversations. He falsely represented that he had tried numerous cases before juries, including narcotics cases, and a DUI case involving five deaths. None of that was true. (Tr. 33, 54-62, 284.)
He was employed by the the prosecutor’s office and seeking a promotion but not secure the judicial appointment; he was terminated when the false statements came to light.
On May 9, 2019, Respondent went to [State’s Attorney] Kenneally’s office and offered to resign. (Tr. 248.) According to Kenneally, he was still hoping to salvage Respondent’s employment and keep him as a member of the office, so Kenneally did not accept Respondent’s resignation. (Tr. 248- 50.) During that meeting, for the first time, Respondent said that he had consumed alcohol and prescription medicine the night before the interview, and he did not really remember what happened during the interview. (Tr. 248-50, 254.)
Later that day, Kenneally learned that Respondent had continued to make false statements and minimize his actions during his interview with Randi Freese, which led to Respondent’s termination on May 9, 2019. (Tr. 246, 255.)
Sanction
The Hearing Board found that there was substantial mitigation. (Hearing Bd. Report at 17-18.) Respondent was engaged in charitable work and was active in bar associations. He was involved with the Chicago Angels for five years, which is a charitable organization that helps foster families. He also served on the Board of the McHenry County Bar Association, and he was involved with the Appellate Lawyers Association and the Illinois State Bar Association. Respondent cooperated in the disciplinary proceedings; he has no prior discipline; and two character witnesses, Justice Hutchinson and Jeffrey Kaplan, the Clerk of the Second District Appellate Court, testified on his behalf.
Respondent testified that, after losing his job in 2019, he entered a detoxification program; he went to counseling and therapy; he attended Alcoholics Anonymous and Narcotics Anonymous meetings; and, following a relapse in August 2022, he had been sober for eight months at the time of the disciplinary hearing. (Tr. 360-61.) Respondent also testified he has custody of his stepdaughter, and he values his law license. (Tr. 362-63.) He further testified that his infant son died in May 2020; Respondent’s relationship with his wife deteriorated; and they were in the process of getting divorced. (Tr. 318, 360, 362-63.)
In aggravation, the Hearing Board found that Respondent did not accept responsibility or express sincere remorse; he sought to blame others for mischaracterizing his statements rather than owning up to his fabrications; he engaged in a pattern of misrepresenting his trial experience; he was seeking positions of trust; he disregarded his obligation to be honest in his position as an ASA; and he provided false and misleading testimony. (Hearing Bd. Report at 19-22.)
Bottom line
Respondent’s false statements were a flagrant violation of his obligation to act honestly as an attorney and an ASA. We conclude that a one-year suspension will serve the goals of attorney discipline, including protecting the public, preserving public confidence in the legal profession, and deterring Respondent and other attorneys. For the foregoing reasons, we recommend that Respondent be suspended for one year.
(Mike Frisch)