BEFORE THE HEARING BOARD
OF THE
ILLINOIS ATTORNEY REGISTRATION
AND
DISCIPLINARY COMMISSION

In the Matter of:

TIMOTHY JOHN STOCK

Attorney-Respondent, 

No. 2739798.

 

Commission No. 2012PR00069

FILED - July 2, 2012

COMPLAINT

Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission, by his attorney, Scott Renfroe, pursuant to Supreme Court Rule 761(d), complains of Respondent Timothy John Stock, who was licensed to practice law in Illinois on October 23, 1974, and alleges that Respondent has engaged in the following conduct which tends to defeat the administration of justice or to bring the courts or the legal profession into disrepute, and which subjects Respondent to discipline pursuant to Supreme Court Rule 770:

(Criminal conviction - unlawful possession of marijuana for the purpose of sale)

1. In May 2010, Respondent agreed to lease an 18,000-square-foot warehouse located on Lathrop Way in Sacramento, California, to Peter and Thomas Holtzman. When he entered into that agreement, Respondent knew that the Holtzmans intended to use the warehouse space to cultivate marijuana for distribution. Respondent agreed with the Holtzmans that he would be paid a fee for acting as a front for their activities, which was in addition to the compensation he received for the rent and utility expenses related to the operation of the warehouse. Respondent visited the warehouse at least eight times between May and December 2010, and met with telephone or municipal utility workers when installation or inspection work was required.

2. On December 9, 2010, agents from the Sacramento Regional Office of the Department of Justice, Bureau of Narcotic Enforcement, received a telephone call from the Sacramento Municipal Utilities District regarding the fact that several electrical transformers in the vicinity of the Lathrop Way warehouse had overheated, and that problem was traced to the warehouse. Following unsuccessful attempts to contact Respondent, agents attempting to enter the property apprehended a man who was fleeing from them. In the resulting security sweep of the site, agents discovered an indoor marijuana grow area that included 8,000 marijuana plants, 200 lights and ballasts, fans and a $15,000 marijuana trimming machine.

3. On December 15, 2010, the District Attorney for Sacramento County filed a two-count felony complaint against Respondent in the Superior Court. Count One of the complaint charged Respondent with unlawfully possessing marijuana for the purpose of sale, in violation of section 11359 of the Health and Safety Code of the State of California. Count Two charged Respondent with the offense of unlawfully planting, cultivating, harvesting, drying and processing marijuana, in violation of section 11358 of the Health and Safety Code. The case was docketed as People v. Stock, number 10F08146.

4. On December 16, 2011, Respondent entered a plea of nolo contendere to Count One of the complaint, and the Hon. Marjorie Koller dismissed Count Two of the complaint in the interest of justice in view of Respondent's plea to Count One. Judge Koller then sentenced Respondent to serve five days in the Sacramento County Jail, gave him credit for the five days he had already served, and placed Respondent on probation for a period of five years, subject to various conditions, including that Respondent pay a $200 fine, register as a drug offender and participate in a drug rehabilitation program.

5. By reason of the conduct described above, Respondent has engaged in the following misconduct:

  1. committing a criminal act that reflects adversely on his honesty, trustworthiness or fitness as a lawyer in other respects, in violation of Rule 8.4(b) of the Illinois Rules of Professional Conduct (2010);

  2. conduct involving dishonesty, fraud, deceit or misrepresentation, in violation of Rule 8.4(c) of the Illinois Rules of Professional Conduct (2010);

  3. conduct prejudicial to the administration of justice, in violation of Rule 8.4(d) of the Illinois Rules of Professional Conduct (2010); and

  4. conduct which tends to defeat the administration of justice or to bring the courts or the legal profession into disrepute.

WHEREFORE, the Administrator respectfully requests that this matter be assigned to a panel of the Hearing Board, that a hearing be held pursuant to Supreme Court Rule 761(d), and that the panel make findings of fact, conclusions of fact and law, and a recommendation for such discipline as is warranted.

Scott Renfroe
Attorney Registration and Disciplinary Commission
130 East Randolph Drive, Suite 1500
Chicago, Illinois 60601-6219
Telephone: (312) 540-5211
Respectfully submitted,

Jerome Larkin, Administrator
Attorney Registration and
Disciplinary Commission

By:  Scott Renfroe