Thursday, February 13, 2014

Drug Use, Domestic Violence, Draw Proposed Suspension

An attorney who had been convicted for using illegal drugs and  of a battery committed on his girlfriend should be suspended for two years and until further court order, according to a recent report and recommendation by an Illinois Hearing Board.

The findings on the drug use:

Between at least 2003 and 2006, Respondent resided in Chicago and was employed at various law firms in the Chicago area. (Ans. at par. 1). During this time, the Illinois Criminal Code of 1961, section 720 ILCS 570/402, provided, in part, that it was unlawful for any person knowingly to possess cannabis, cocaine, crack cocaine, and heroin.

Between 2003 and 2005, Respondent possessed and used cannabis approximately five times a week. On multiple occasions between 2003 and 2006, Respondent possessed and used cocaine and heroin. Additionally, at some point between 2005 and 2006, Respondent possessed and used crack cocaine.

In May 2006, Respondent moved to North Port, Florida. In 2007 and 2008, the Florida Criminal Code...provided, in part, that it was unlawful for any person to be in actual or constructive possession of heroin and cocaine.

In April 2007, while residing in Florida, Respondent possessed and used heroin in an amount sufficient to cause an overdose; Respondent was hospitalized for at least three hours following the overdose. Then, in July 2008, while residing in Florida, Respondent possessed and used cocaine.

The battery charges involved, in part:

Between June 21, 2012, and October 31, 2012, Respondent and Ms. Underwood continued to reside together in Port Charlotte. At approximately 7:00 p.m. on October 31, 2012, Respondent and Ms. Underwood were present at their home in Port Charlotte with an acquaintance named Michael Daniels. At that time, Ms. Underwood was in the shower when she and Respondent began to argue. During this argument, Respondent, intentionally and against Ms. Underwood's will, threw, poured, or squirted bleach in Ms. Underwood's eyes.

After Ms. Underwood exited the shower, dressed herself, and entered a bedroom, Respondent shoved her several times. Ms. Underwood tried to move past Respondent in order to leave the room, but he grabbed her by the belt, and then bit her on her right side. Respondent continued to shove Ms. Underwood, until Mr. Daniels stepped between them and called 911. Respondent's conduct was intentional and against Ms. Underwood's will.

The attorney had initially answered the bar charges but thereater did not participate in the proceedings. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2014/02/an-attorney-who-had-used-illegal-drugs-and-resisted-arrest-after-a-domestic-dispute-should-be-suspended-for-two-years-and-unt.html

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