Thursday, March 29, 2012

Let My Client Go (Without An Ankle Monitor)

The Illinois Administrator has filed a four-count complaint alleging misconduct on the part of an attorney.

One count involves the following alleged false statement to a court:

...Respondent agreed to represent [client W.], who had been charged with Aggravated Battery with a Deadly Weapon, Unlawful Possession of Weapons by a Felon and Domestic Battery, in the Circuit Court, Adams County, Illinois...

As a condition of bond, W. was required to stay 1,000 feet from the victim and her residence and wear a GPS surveillance ankle monitor.

...Respondent appeared with W. in case no. 11 CF 589, before the Honorable Robert K. Adrian. Assistant State’s Attorney Jennifer Cifaldi ("Cifaldi") appeared on behalf of State. Cifaldi was not usually assigned to Judge Adrian’s Misdemeanor and Felony docket, but she was filling in for another Assistant State’s Attorney who was out of the office that day.

After case no. 11 CF 589 was called, Respondent made an oral motion to have the GPS monitor removed from W.’s ankle.

Respondent represented to the Court and Cifaldi that he had spoken to Adams County First Assistant State’s Attorney Gary Farha ("Farha") and that Farha did not oppose the removal of the ankle monitor.

Respondent’s statements to the Court that he had spoken to Farha about the removal of W.’s ankle monitor and that Farha did not oppose the removal of the monitor, were false.

Respondent knew that his statements...were false.

The attorney was admitted in 1977. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/03/the-illinois-administrator-has-filed-a-four-count-complaint-alleging-misconduct-on-the-part-of-an-attorney-one-count-involv.html

Bar Discipline & Process | Permalink

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