Friday, September 19, 2008
The Illinois ARDC has filed a complaint alleging ethical misconduct by the elected State's Attorney for Union County. The accused was named as a defendant in a civil action instituted by a former employee alleging wrongful termination. According to the complaint, he refused service of process at his office, advised his wife to assist him in avoiding service at home, called`the fire department to chase off the process server and, when approached in the parking lot to his office:
Dees [the process server] arrived at the courthouse a few minutes later and saw Respondent drive up, park his car in the courthouse parking lot, and emerge from his vehicle. Dees approached Respondent in the courthouse parking lot after he emerged from his vehicle. Dees identified himself, displayed his badge, told Respondent that he was a process server, and called Respondent by name. At this point, Respondent pulled a .380 semi-automatic handgun from his pocket and pointed it at Dees. The gun magazine was loaded.
As Respondent pointed the handgun at Dees, Dees identified himself once again as the man who had been at his office the day before. Respondent continued to point the gun at Dees, and Dees tossed the summons and complaint at Respondent’s feet and left.
At the time that Dees identified himself, displayed his badge, informed Respondent that he was a process server, and called Respondent by name, Respondent knew that Dees was a process server who was trying to serve him with a complaint in Case No. 3:07-cv-00618.
Respondent was not authorized by state or federal law to carry a concealed weapon.
I wonder if the bar authorities had any difficulty serving the complaint. (Mike Frisch)