Middle Finger
An Illinois Hearing Committee has recommended disbarment of an attorney
The Administrator charged Respondent with multiple counts arising from statements she made falsely or with reckless disregard to the truth, which impugned the integrity of a circuit judge, a retired Illinois Supreme Court justice, the Court, and the ARDC Review Board, in violation of Rules 3.3(a)(1), 8.2(a), and 8.4(c). The Hearing Board found that the Administrator proved by clear and convincing evidence that Respondent violated these Rules in five of the six counts. The Hearing Board recommended disbarment due to Respondent’s egregious misconduct, which was significantly aggravated by her harmful pattern of making false, disrespectful, and vitriolic statements; lack of remorse and failure to acknowledge her wrongdoing; failure to attend the hearing; and recent, similar prior discipline.
Requests for continuance based on medical issues
Once she began representing herself, Respondent filed numerous motions, including multiple motions to continue the hearing scheduled for May 2 and May 3, 2024, based on alleged medical reasons. All of her motions to continue were denied.
A digital salute
It is also noteworthy that Respondent emailed photographs of herself to Counsel for the Administrator at 9:21 a.m. on April 26, 2024, which depict Respondent standing, smiling, and extending her middle fingers while in a hospital gown…
Respondent’s continued representation of herself in this proceeding and her high level of activity also contradict her claimed inability to practice law since April 11, 2024, and Dr. VanSchoyck’s assertions that Respondent was unable to prepare for and attend the hearing on May 2 and 3, 2024
Findings
We begin by finding that Respondent made the alleged posts on the Lowery Twitter Account and the Lowery LinkedIn Account. Respondent admitted to making at least three of the same or similar posts that were found on the Lowery Twitter Account, including those at issue in Count II and Count V. She also admitted to making the Lowery LinkedIn Account post at issue in Count IV. In addition, we considered Mr. Pointer’s testimony, which we find to be credible based on his experience as an investigator and our observations of his demeanor and candor. Mr. Pointer’s testimony further convinced us that Respondent made the alleged posts, given the consistency of content across the two social media accounts and the direct connection between the posts and events occurring in Respondent’s disciplinary matters. We find it particularly compelling that the August 11, 2023, post on the Lowery Twitter Account included a copy of a letter about Respondent that only she and her attorney would have had at that stage of the Administrator’s confidential investigation.
Aggravation
In the seven months that Respondent represented herself leading up the hearing in this matter, she filed over 40 motions, petitions, and objections with the Hearing Board or the Court. These included 10 motions to stay or continue the hearing; 7 motions to disqualify each assigned Hearing Board chair and member, all Commissioners of the ARDC, and the entire Illinois Supreme Court; and 2 motions to dismiss the amended complaint despite her awareness that such motions are not permitted under Commission Rule 235. (See Res. Motion to Dismiss Adm. Amend. Compl., Mar. 14, 2024, at par. 1). None of these requests were granted, after consideration at various times by Hearing Board Chair Jose A. Lopez Jr., Chairperson of the full Hearing Board Kenn Brotman, and the Court.
Sanction
Respondent had prior discipline, did not appear at her hearing, and presented no mitigating factors. Id. at 53. Respondent’s false or recklessly made statements also occurred over a longer period of time, in greater volume, and in larger scope, extending to pleadings and communications with opposing counsel, in addition to online posts.
(Mike Frisch)