Friday, April 18, 2008

Bad Day For Bar Counsel?

After today's earlier post on the dismissal of the bar prosecutor's appeal from Iowa comes an order from an Illinois granting summary judgment to an accused lawyer on the grounds that the prosecutor had not presented sufficient evidence in opposition:

"By failing to take advantage of the opportunity to file an amended response to the Motion for Summary Judgment with appropriate factual support, the Administrator compels us to rule on the Motion on the basis of the record as it now stands. In declining to oppose the Motion with such factual support, the Administrator does not engage in a mere technical failure to comply with Rule 191(a); he leaves us with no alternative but to grant Respondent’s Motion for Summary Judgment. Other than the unsupported allegations of the Complaint, there is no basis by which we can conclude the Administrator would arguably be entitled to a judgment.

We are mindful that the Administrator may very well have been able to overcome the burden of Rule 191(a) and have established that there exists an arguable issue of fact that would justify a trial on the merits, but he did not do so. ARDC Hearing Panels are obligated to decide matters of law and fact in accordance with applicable rules and legal principles, and we do so in this case, based on the record and pleadings presented by the parties. Accordingly,


that Respondent’s Motion for Summary Judgment is granted and judgment in favor of Respondent be, and is hereby, entered."

I assume that an appeal, if any, will be timely filed. (Mike Frisch)

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