Monday, April 28, 2014

"A Strong Positive"

A lawyer's troubles with the bar began in an unusual way, according to a recent complaint filed by the Illinois Administrator:

On June 23, 2011, Respondent was arrested in Kane County, Illinois in the apartment of a new client. At the time of his arrest, Respondent was in possession of cocaine and a crack pipe. He was charged with possession of a controlled substance.

The criminal charges led to an agreement with the Illinois Bar to defer prosecution with probationary conditions.

That also did not go well:

On November 25, 2013, Respondent met with Commission Senior Counsel and Director of Probation Services and a Commission Senior Paralegal and Probation Officer, for his initial probation meeting with the Commission. At that meeting, Respondent disclosed the following:

a. that he had moved his residence to a new location in October 2013; and that he had been at a party within the previous two weeks where someone had put alcohol in Gatorade bottles without his knowledge and he drank from one of the bottles.

At no time during that meeting or at any time after he signed his Rule 108 Affidavit and prior to the November 25, 2013 meeting, did Respondent disclose that he had used cocaine since signing the Rule 108 Affidavit.

During the November 25, 2013 meeting, Respondent was directed to submit to a random drug test at Quest Diagnostics on the day of the meeting. Respondent submitted to the random drug test on November 25, 2013.

On December 2, 2013, the Commission received the results of Quests' five-panel test run on Respondent's November 25, 2013 specimen. The results were positive for cocaine metabolites, in what was described by a scientist at Quest as a "strong positive." The scientist also stated that based on the test results, Respondent would have had to have used cocaine, in some form, within three days of the testing date.

Following receipt of the test results, the Commission Probation Officer spoke on the telephone with Respondent who advised her that he had smoked cigarettes laced with cocaine on Saturday, November 23, 2013.

 The complaint alleges the attorney violated the conditions of the deferred prosecution agreement. (Mike Frisch)

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