August 2, 2009
The Illinois Administrator has filed ethics charges against two co-respondents accused of the following course of conduct towards the opposing party in a divorce case:
On January 9, 2007, Respondents Muller and Walters filed their appearances on behalf of [the client] in case number 06 D 4687.
On January 29, 2007, Respondents, on behalf of [the client], filed a document entitled Petition For Issuance of a Rule to Show Cause, Petition for Temporary Child Support, and A Petition for Temporary Child Support in case number 06 D 4687.
On or about February 2, 2007, the Honorable David Delgago conducted a hearing in case number 06 D 4687 to determine whether [the husband] should be held in civil contempt.
On February 2, 2007, after Judge Delgado adjourned the proceedings in case number 06 D 4687 and left the bench, Respondent Muller, Respondent Walters, [the client and her husband], and his attorney, Barbara Lusky continued to have discussions about the case.
During the course of their discussions in on February 2, 2006, Respondent Muller and Respondent Walters taunted [the husband] by telling him that there would be a significant amount of homosexual activity in jail, that [he] would be a good target for inmates desiring sexual acts during his incarceration, and that [he] that he would be subjected to extensive cavity probes.
During the course of discussions on February 2, 2007, Respondent Walters taunted [the husband] by telling him that "Bubba would insert a probe up your penis"
During the course of these discussions on February 2, 2006, Respondent Muller and Respondent Walters taunted [the husband] by singing "Jail House Rock" him.
At the time Respondent Muller and Respondent Walter made the statements referenced...above, they knew or should have known that the statements served no substantial purpose other than to harass, embarrass or injure [the husband].
Of course, these are charges, not proven misconduct. If the charges are proven, I suspect that the sanction decision will be be, to a large degree, tied to their present attitude towards the behavior. (Mike Frisch)
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