File Deletions Lead To Resignation
A statement of charges filed by the Illinois Administrator moves for resignation (consent disbarment) of an attorney
On December 4, 2014, Movant was charged in a four-count information with two offenses of official misconduct, in violation of 720 ILCS 5/33-3(b) (Counts I and III); aggravated computer tampering, in violation of 720 ILCS 5/17-52(a)(1) (Count II); and computer tampering, in violation of 720 ILCS 5/17-51(a)(3) (Count IV). The charges alleged that on January 9, 2014, Movant, while employed as an assistant State’s Attorney for Hancock County, Illinois, knowingly deleted data contained on the computers of the Hancock County State’s Attorney’s office.
The data that Movant unlawfully deleted included files, correspondence, grant documents, trial preparation materials, and memoranda. Movant performed those acts after he learned that the Hancock County Board did not appoint him to succeed James M. Drozdz, who recently had died, as State’s Attorney for Hancock County.
On March 4, 2016, the Honorable William E. Poncin allowed the State to amend Count IV of the information to reduce the felony charge of computer tampering to a violation of 720 ILCS 5/17-51(a)(2), a Class A misdemeanor. Movant pled guilty to the offense in Count IV as amended. With the parties’ agreement, the court dismissed the other counts and sentenced Movant to conditional discharge for a period of 18 months, with agreed conditions including that he submit a motion to this Court for a voluntary name strike under Supreme Court Rule 762(a), perform 40 hours of public service, and pay a fine, costs and restitution totaling $590.
The Herald-Whig reported on the offense
A former Hancock County assistant state’s attorney received 18 months conditional discharge — a form of unsupervised probation — after pleading guilty Friday to an amended charge of computer tampering, a class A misdemeanor. Other charges he faced were dismissed as part of the plea.
Brian Hunter originally was charged with two counts of official misconduct and two counts of aggravated computer tampering in December 2014.
Prosecutors alleged that Hunter went to the state’s attorney’s office Jan. 9, 2014, and deleted documents, files, letters of correspondence, grant documents, trial preparation materials and memoranda from official state’s attorney’s computers after he learned that the Hancock County Board didn’t select him to replace the late Jim Drodz as state’s attorney. Drodz died Dec. 29, 2013, in a traffic crash in Dade County, Ga.
Hunter resigned from the office Jan. 10, 2014.
As part of the sentence, Hunter must complete 40 hours of community service, pay fines and court costs of $1,167, including $90 in restitution to the county, and surrender his law license. According to the Illinois Attorney Registration and Disciplinary Commission, Hunter is voluntarily inactive and not authorized to practice law in the state.
According to court records, Hunter, who now lives in the state of Washington, is employed and in an electrical apprenticeship program.
The case was prosecuted by the state appellate prosecutor’s office.