A Busy Docket But No Oral Argument Set

A recent complaint filed by the Illinois Administrator alleges a false statement to a tribunal in a motion to extend the time to file an appellate brief

 Respondent filed “Appellant’s unopposed motion for 14-day extension of time to file reply brief” in case number 16-1450.

To support the motion for an extension of time, Respondent wrote the following in paragraph three:

“I also have been working on the following cases with upcoming deadlines in this Court: United States v. Archuleta, No. 16-1297 (oral argument set for May 9, 2017); United States v. Ivory, No. 15-3238 (oral argument set for May 10, 2017); United States v. Olea-Monarez, No. 16-1330 (opening brief due May 15, 2017); United States v. Allen, No. 17-1083 (opening brief due June 5, 2017).” ¶3, Appellant’s unopposed motion for 14-day extension of time to file brief,United States v. Allen, No. 16-1450 (April 26, 2017)

Respondent’s statement that he had an oral argument set for May 10, 2017 in United States v. Ivory was false because the case was not set for oral argument at the time the motion was filed. Respondent knew when he drafted and filed the motion that the portion of his statement regarding United States v. Ivory was false. Respondent knew that United States v. Ivory matter was submitted on the briefs and knew the matter was not set for oral argument.

(Mike Frisch)