Tuesday, May 17, 2011

Lawyering Under The Influence

The Illinois Administrator has filed a complaint that contains the following allegations:

At approximately 9:00 a.m., on October 1, 2010, Respondent appeared in the circuit court of Hardin County, Illinois, with the intention of entering his appearance for a defendant in a criminal case.

When Respondent entered the courtroom, he smelled of alcohol. While waiting for the defendant’s case to be called, Respondent slept at counsel table and then staggered when called to the bench by the presiding judge, the Honorable Paul Lamar.

Judge Lamar questioned Respondent about his alcohol use and Respondent denied using alcohol that morning. Respondent agreed to submit to a Breath Alcohol Content ("BAC") test, which showed a breath alcohol content of .06.

Judge Lamar subsequently held a contempt hearing and found Respondent in direct criminal contempt. The judge sentenced Respondent to be held in the Hardin County jail until Monday, October 4, 2010, at 10:00 a.m. The judge subsequently modified the contempt order to allow Respondent to be released on Sunday, October 3, 2010, at 4:00 p.m.

A second count alleges that the respondent failed to report a DUI conviction on his bar admission application. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2011/05/the-illinois-administrator-has-filed-a-complaint-that-contains-the-following-allegations.html

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