BEFORE THE HEARING BOARD

OF THE

ILLINOIS ATTORNEY REGISTRATION

AND

DISCIPLINARY COMMISSION

In the Matter of:

FREDRICK D. GOINGS,

Attorney-Respondent,

No. 6284580.

Commission No. 2013PR00035

FILED --- April 10, 2013

 

COMPLAINT

Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission, by his attorney, Lea S. Gutierrez, pursuant to Supreme Court Rule 761, complains of Respondent, Fredrick D. Goings, who was licensed to practice law in the State of Illinois on April 6, 2005, 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. In support, the Administrator states:

1. On or before October 16, 2006, Respondent agreed to represent Nova Frances Henry ("Henry") in matters related to her pending paternity suit against the father of her son. That matter had been docketed by the Clerk of the Circuit Court of Cook County as Nova F. Henry v. Eddy Curry, case number 2005D080721.

2. In or about December 2006, while Respondent was still acting as Henry's attorney in relation to case number 2005D080721, Respondent and Henry began having a sexual relationship.

3. On January 24, 2009, Respondent shot and killed Henry, and her 10-month-old daughter, Ava Curry.

4. On March 19, 2009, a Grand Jury for the Circuit Court of Cook County, Illinois, returned a fourteen-count criminal indictment against Respondent stemming from the incident described in paragraph three, above. People of the State of Illinois v. Fredrick Goings, case number 09-CR-5704. A copy of the indictment is attached as Exhibit One.

5. The indictment, described in paragraph four, above, set forth the following allegations against Respondent:

  1. Counts One and Two of the indictment charged that Respondent, without lawful justification, shot and killed Nova Frances Henry while Respondent was armed with a firearm, in violation of 720 ILCS 5/9-1(a)(1) and (2).

  2. Counts Three and Four of the indictment charged that Respondent, without lawful justification, shot and killed Ava Curry while he was armed with a firearm, and that the State would seek an extended term in that Ms. Curry was under 12 years of age and her death resulted from exceptionally brutal or heinous behavior indicated of wanton cruelty, in violation of 720 ILCS 5/9-1(a)(1) and (2).

  3. Counts Five and Six of the indictment charged that Respondent, without lawful justification, shot and killed Ms. Curry while he was armed with a firearm, in violation of 720 ILCS 5/9-1(a)(1) and (2).

  4. Counts Seven and Eight of the indictment that Respondent, without lawful justification, shot and killed Ms. Henry while he was armed with a firearm and, during the commission of the offense, personally discharged a firearm, in violation of 720 ILCS 5/9-1(a)(1) and (2).

  5. Counts Nine and Ten of the indictment that Respondent, without lawful justification, shot and killed Ms. Curry while he was armed with a firearm and, during the commission of the offense, personally discharged a firearm, in violation of 720 ILCS 5/9-1(a)(1) and (2).

  6. Counts Eleven and Twelve of the indictment that Respondent, without lawful justification, shot and killed Ms. Henry while he was armed with a firearm and, during the commission of the offense, personally discharged a firearm that proximately caused death, in violation of 720 ILCS 5/9-1(a)(1) and (2).

  7. Counts Thirteen and Fourteen of the indictment charged that Respondent, without lawful justification, shot and killed Ms. Curry while he was armed with a firearm and, during the commission of the offense, personally discharged a firearm that proximately caused death, in violation of 720 ILCS 5/9-1(a)(1) and (2).

6. On February 1, 2013, the State's Attorney moved to nolle prosequi counts three and four, and seven through fourteen, of the indictment against Respondent in case number 09-CR-5704. On that same date, the State's Attorney's motion was granted.

7. On February 12, 2013, following a seven-day jury trial, Respondent was found guilty of counts one, two, five, and six of the indictment, which charged Respondent with first degree murder of Nova Henry and Ava Curry, in violation of Chapters 720-5/9-1(a)(1) and 720-5/9-1(a)(2) of the Illinois Compiled Statutes.

8. On February 15, 2013, the Honorable Maura Slattery-Boyle entered a judgment of conviction, and on April 4, 2013, Judge Slattery-Boyle sentenced Respondent to life in the custody of the Illinois Department of Corrections based on Respondent's conviction on counts one, two, five, and six. A copy of the judgment of conviction is attached as Exhibit Two, and a copy of the order of commitment and sentence is attached as Exhibit Three.

9. Supreme Court Rule 761(a) provides that it is the duty of an attorney admitted in this state who is convicted in any court of a felony or misdemeanor to notify the Administrator of the conviction in writing within thirty days of the entry of the judgment of conviction.

10. Pursuant to Supreme Court Rule 761(a), Respondent was required to notify the Administrator of his conviction in case number 09-CR-5704 on or before March 15, 2013.

11. As of the filing of this complaint, Respondent had not notified the Administrator of his felony convictions in case number 09-CR-5704, as required by Supreme Court Rule 761(a).

12. As a result of the order of conviction and the conduct described above Respondent has engaged in the following misconduct:

  1. committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects in violation of Rule 8.4(a)(3) of the Illinois Rules of Professional Conduct;

  2. conduct which is prejudicial to the administration justice in violation of Rule 8.4(a)(5);

  3. fialing ot notify the Administrator of his conviction in writing within 30 days after the entry of the judgment of conviction in violation of Supreme Court Rule 761(a); 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, and that the panel make findings of fact, conclusions of fact and law, and a recommendation for such discipline as is warranted.

Lea S. Gutierrez
Counsel for the Administrator
One Prudential Plaza
130 East Randolph Drive, #1500
Chicago, Illinois 60601-6219
Telephone: (312) 565-2600

Respectfully submitted,

Jerome Larkin, Administrator
Attorney Registration and
Disciplinary Commission

By:  Lea S. Gutierrez