Wednesday, September 2, 2009

Charges Of Overbilling, Telephone Harassment

The Illinois Administrator has filed discipilinary charges in two counts. the first count alleges overbilling for court-compensated representation of juveniles:

Cook County compensates attorneys who participate in the program at set hourly "in court" and "out of court" rates. The attorneys receive authorization for their compensation by presenting to the respective trial judges fee petitions accompanied by affidavits attesting to the work they performed on specific dates. The presiding judges then review the petitions on the specific cases pending in their courtroom and grant orders to pay the attorney. The attorneys then present the orders and copies of their fee petitions to Clerk of the Cook County Board of Commissioners for approval. Once approved, the Cook County Treasurer issues payment to the attorneys.

In the first half of 2006, Respondent presented to the Clerk of the Board orders for payment totaling $350,000, representing services from June 2001 to June 2006. These billing statements included itemizations of the time Respondent purported to expend on various cases, the services purportedly provided on that case, and the applicable hourly rate. For various dates listed below, Respondent’s statements sought payment for time exceeding twenty hours in a given day...

The second charge involves allegations of telephone hasassment of his son's mother:

On April 29, 2008, Respondent called [the victim's] home and left messages on her phone machine including statements as "I’m going to kick your high yellow ass," "If I go to court I’m going to get you in court and it’s going to take ten police officers to pull me off of you;" and "I’m going to kill you," several times in the same message.

On January 29, 2009, Respondent called [her] home and left a phone message stating "I’m going to get your ass, bitch;" and I will cut off the head of any man who lays hands upon [his son] and place his dismembered head on the vehicle of the man’s car.

On February 4, 2009, Respondent called [her] home and left a message that he was going to get "his boy" to pull a gun and put it to Anderson’s as well as statements that he was going to send a "real clear message" and that he would break Anderson’s neck and stomp on her wherever she was if she called the police.

Respondent made the phone calls described in [the above] paragraphs...with intent to abuse, threaten or harass [the victim].

As a result of the phone calls described in paragraphs four and five, on February 5, 2009 a misdemeanor criminal complaint was filed in the Circuit Court of Cook County, People of the State of Illinois vs. Jeffrey Luckett 09 MC 1463.

On June 18, 2009 a bench trial was held in case 09 MC 1463. At the conclusion of the trial, Judge Donnelly entered a sentence of conditional discharge and sentenced the Respondent to thirty days of Sheriff’s Work Alternative Program and two years conditional discharge.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2009/09/the-illinois-administrator-has-filed-discipilinary-charges-in-two-counts-the-first-count-alleges-overbilling-for-court-compe.html

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