Monday, July 21, 2014

Attorney Charged With Lawyering While Intoxicated

The Illinois Administrator has filed a two-count complaint alleging misconduct by an attorney.

The first count charges him with leaving an accident scene. He allegedly drove seven miles to his home after the collision and parked his damaged vehicle in his garage.

He had, however, left some incriminating evidence at the scene - his bumper with the license plate still affixed.

After arriving at the accident scene, Lee County Sheriff’s Officers located Respondent’s address from the license plate and bumper left behind at the scene. After finishing their reports at the scene, the officers proceeded to Respondent’s home. Upon their arrival at Respondent’s home, the officers were able to see Respondent’s vehicle parked in the garage by looking through a window in the garage. The officers witnessed the damage to the front end of Respondent’s vehicle that was consistent with the information they witnessed at the accident scene.

Shortly after arriving at Respondent’s home, the Lee County Sheriff’s Officers rang Respondent’s door bell and knocked on the door. Respondent did not answer the door. The officers then looked into Respondent’s window and saw Respondent slumped in a chair in the kitchen with numerous beer cans around him. The officers knocked on the window and shined a flashlight at Respondent but Respondent did not awaken.

The attorney pleaded guilty to misdemeanor leaving the scene.

Count two charges, in essence, lawyering while intoxicated:

Between May 2010 and October 2011, the Administrator of the ARDC received correspondence from various judges presiding in the 15th Circuit, Lee County, Illinois, with concerns that Respondent was impaired and smelled like alcohol during various court appearances he made on behalf of clients in the Circuit Court of Lee County.

On October 26, 2011, Respondent appeared on behalf of Peggy Goldie for a prove-up in a dissolution of marriage matter entitled, In re the Marriage of Peggy Goldie v. Charles Goldie, 11 D 50 (Lee County Circuit Court). During the court appearance on October 26, 2011, the Honorable Jacquelyn D. Ackert, and other courtroom personnel, smelled alcohol on Respondent. Judge Ackert and the courtroom personnel also observed that Respondent was unsteady and had difficulty formulating appropriate questions for the court proceeding. Judge Ackert determined that Respondent was impaired and unable to properly proceed on the prove-up and continued the case to November 1, 2011.

After the court appearance, described in paragraph 10 above, the Honorable Ronald M. Jacobson and Judge Ackert, met with Respondent in Judge Ackert’s chambers. The Judges asked Respondent to submit to a breathalyzer test, but Respondent refused.

The complaint contends that the above course of conduct prejudiced the administration of justice. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2014/07/the-illinois-administrator-has-filed-a-two-count-complaint-alleging-misconduct-against-an-attorney-the-first-count-charges.html

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