Thursday, March 13, 2014

Admitted In Part

The Illinois Administrator has filed an amended complaint alleging various acts of misconduct.

One incident led to the attorney's conviction for disorderly conduct

16. On the evening of June 5, 2011, while at his  home, Respondent became intoxicated. Marianna Gavlick ("Gavlick") and Karen  Fischer ("Fischer"), who were Respondent’s neighbors to the rear of his  property, were outside cooking on Gavlick’s patio, along with their children and  other friends. Without provocation, Respondent, while standing at his door or  window or in his yard, began to verbally harass and threaten Gavlick and Fischer  and others. Respondent called Gavlick a "fucking idiot" and "dumb bitch," yelled  other epithets, made obscene gestures toward them, and made shooting gestures in  the direction of the children. Respondent bragged that he was a lawyer.

17. Gavlick called the police as a result of  Respondent’s above-described behavior. Normal police officers Kevin Ryan  ("Officer Ryan") and Stephen Koscielak ("Officer Koscielak") responded. The  officers arrived at the front of Respondent’s home and Respondent, who was in  his back yard continuing to harass Gavlick and others, did not notice their  arrival. Respondent knowingly acted in such unreasonable manner as to alarm or  disturb Gavlick and to provoke a breach of the peace, in that he threatened to  "hurt her real bad" and stepped in her direction. Officers Ryan and Koscielak  witnessed the threatening words and gesture and placed Respondent under arrest.

18. Officer Ryan transported Respondent to the  McLean County Jail in his patrol car. During the ride, Respondent repeatedly  called the officer a "fucking idiot." Respondent also told the officer: "I’m a  lawyer. Remember that. I dare you," "Wait till I get done with you," "I’ll be a  judge and you won’t," "I’m a fucking lawyer that actually will fucking kick your  ass. No, I will. Ask Judge Robb. Ask Justice Knecht," "Don’t make me call you  into court. Don’t. Because I will."

Respondent's answer denies in part the allegations in paragraphs 16 and 17.

Respondent denies that he verbally harassed or threatened anyone. Respondent admits that he probably called Fischer, and not Gavlick, a "fucking idiot" and "dumb bitch," after the former confronted him by physically walking to his patio area to confront him about his complaints about the music. Respondent does not admit or deny making obscene gestures because he does not know what obscene gestures are referred to in the Complaint, and does not know what the word "obscene" means as alleged in the Complaint. Respondent denies that he made shooting gestures in the direction of the children. Respondent admits that he stated to those involved that he was an attorney, but states affirmatively that he did so only in an attempt to portray that they should honor his requests to turn the music down.

Paragraph 18 is admitted. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2014/03/the-illinois-administrator-has-filed-an-amended-complaint-alleging-various-acts-of-misconduct-one-incident-led-to-the-attor.html

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