Tuesday, November 9, 2010

In The Woods

The Illinois Administrator has filed a two-count complaint against an attorney. Count One alleges a course of conduct that led to a criminal conviction:

Respondent engaged in a sexual act with another individual while in public at Somme Woods Forest Preserve, in Northbrook, Illinois. Officer William Ortland ("Ortland") from the Cook County Forest Preserve Police, observed Respondent and ordered him and the other individual to cease their activity and to come to his police vehicle. Instead, Respondent entered his automobile and attempted to flee the scene. Ortland ordered Respondent to stop his automobile. Respondent failed to stop and struck Ortland, causing Ortland to fall onto and roll from the hood of Respondent's automobile, resulting in an injury to Ortland's knee. Ortland subsequently drew his service revolver and ordered Respondent to stop and exit his vehicle. Respondent then stopped, was taken into custody and was charged with public indecency and aggravated battery...

...the Cook County State's Attorney filed a two-count criminal information against Respondent, charging him with two counts of aggravated battery of a police officer, both Class 2 felonies...

...Respondent entered into a plea agreement with the State, whereby he agreed to pled guilty to Count One of the Information to a reduced charge of misdemeanor battery, a Class A misdemeanor...Pursuant to the plea agreement, the State nolle prossed the charge of aggravated battery of a police officer, contained in Count Two of the information. On that date, the Honorable Larry Axelrood entered a judgment of conviction and sentenced Respondent to a period of twenty-four months probation, ordered that Respondent pay $560.00 in fines and perform 100 hours of community service...

The second count alleges that the attorney failed to report the conviction to disciplinary authorities. (Mike Frisch)


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Does Ill.Sup.Ct.R. 770 actually mean anything? If a lawyer violates a criminal statue then he probably also violates the RPC. In Illinois, if he violates the RPC then he also violates R. 770. Hey, why don’t they also make it a crime to violate the Supreme Court rules?

Not sure I see how his conduct as described in the complaint could amount to “conduct that is prejudicial to the administration justice”.

I still think it is inappropriate to cite one-sided complaints rather than to judicial decisions which, one would hope, have actually adjudicated something.

Isn’t it terrible that a beautiful thing, copulating in a park, gets turned into this morass. Only in America…


Posted by: FixedWing | Nov 9, 2010 8:34:55 PM

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