BEFORE THE HEARING BOARD

OF THE

ILLINOIS ATTORNEY REGISTRATION

AND

DISCIPLINARY COMMISSION

In the Matter of:

FRANK JOSEPH HIMEL,

Attorney-Respondent,

No. 6230987.

Commission No. 2013PR00061

FILED --- June 21, 2013

COMPLAINT

Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission, by his attorney, Sharon D. Opryszek, pursuant to Supreme Court Rule 761(c), complains of Respondent Frank Joseph Himel, who was licensed to practice law in Illinois on May 9, 1996, 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:

(Criminal Conviction-Battery)

1. On June 7, 2011 at approximately 3:00 p.m., Respondent, 17-year-old Daniel Etman and others were playing a pick-up basketball game at the Highland Park Recreational Center located in Highland Park, Illinois.

2. During the course of the basketball game, Respondent and Mr. Etman argued about a disputed foul call. Respondent approached Mr. Etman, cursed at him and pushed Mr. Etman about the chest. Respondent then kicked Mr. Etman in the groin area causing Mr. Etman pain to the groin area.

3. On July 6, 2011, Lake County States Attorney Michael J. Waller filed a three-count information against Respondent, docketed as People of the State of Illinois v. Frank Himel, docket number 11 CM 2860. Three misdemeanor counts of battery alleged that Respondent: (a) knowingly without legal justification caused bodily harm to Daniel Etman, in that the Respondent struck Daniel Etman about the body in violation of 720 ILCS 5/12-3(a)(1), (b) knowingly without legal justification made contact of an insulting or provoking nature with Daniel Etman, in that the Respondent struck Daniel Etman about the body 720 ILCS 5/12-3(a)(2) and (c) knowingly without legal justification made contact of an insulting or provoking nature with Daniel Etman, in that the Respondent pushed Daniel Etman about the body720 ILCS 5/12-3(a)(2) .

4. On July 7, 2011, Respondent surrendered to police at the Highland Park police department, where he was arrested, posted bond and released.

5. At all times alleged in this complaint, there was in effect a criminal statute in Illinois, Illinois Compiled Statutes (ILCS) 720 ILCS 5/12-3(a)(1), which provided that a person committed the offense of battery when he knowingly without legal justification caused bodily harm to another person.

6. At all times alleged in this complaint, there was in effect a criminal statute in Illinois, Illinois Compiled Statutes (ILCS) 720 ILCS 5/12-3(a)(2), which provided that a person committed the offense of battery when he knowingly without legal justification made contact of an insulting or provoking nature with another person.

7. On August 23, 2012, the matter of People of the State of Illinois v. Frank Himel, 11 CM 2860 was tried before Judge Helen Rozenberg in the Circuit Court of Lake County, Illinois. Judge Rozenberg found Respondent guilty of two counts of battery pursuant to 720 ILCS 5/12-3(a)(2).

8. On August 23, 2012, Judge Rozenberg sentenced Respondent to 12 months of supervision, attendance at an anger management class and no contact with Daniel Etman.

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

  1. committing criminal acts that reflect 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), by committing the criminal offense of battery, in violation of Illinois Compiled Stature 720 ILCS 5/12-3(a)(2); and

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

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

Sharon D. Opryszek
Counsel for the Administrator
One Prudential Plaza
130 East Randolph Drive, Suite 1500
Chicago, Illinois 60601-6219
Telephone: (312) 565-2600

Respectfully submitted,

Jerome Larkin, Administrator
Attorney Registration and
Disciplinary Commission

By:  Sharon D. Opryszek