BEFORE THE HEARING BOARD

OF THE

ILLINOIS ATTORNEY REGISTRATION

AND

DISCIPLINARY COMMISSION

In the Matter of:

MONICA E. RIBBECK,

Attorney-Respondent,

No. 6225920.

Commission No. 2014PR00092

FILED --- July 31, 2014

COMPLAINT

Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission, by his attorney, Robert J. Verrando, pursuant to Supreme Court Rule 753(b), complains of Respondent, Monica E. Ribbeck, who was licensed to practice law in the State of Illinois on November 10, 1994, 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:

COUNT I
(Frivolous Pleading)

1. On March 8, 2014, Malaysia Airlines Flight 370, a Boeing 777 passenger aircraft bound for Beijing, lost contact with Malaysian air traffic controllers after leaving Kuala Lumpur. The aircraft was more than 200 feet long, weighed more than 250 tons, and carried 227 passengers and twelve crew members.

2. On March 15, 2014, radar and electronic data compiled by investigating authorities revealed that the aircraft had been diverted from its planned course after its last communication with air traffic controllers, and that it had thereafter continued to fly for more than 500 miles.

3. As of the date this matter was referred to the Inquiry Board, no trace of the aircraft had been found, and no evidence had been recovered which indicated that it had crashed or had experienced any mechanical malfunction.

4. On March 25, 2014, Respondent, or someone acting at her direction, using the name "Monica R. Kelly," prepared and signed a Verified Petition for Discovery, pursuant to Illinois Supreme Court Rule 224, against the Boeing Company and Malaysian Airlines, and filed it in the Circuit Court of Cook County. The clerk of the Court docketed the matter and assigned it case number 2014L003408.

5. Under Illinois Supreme Court Rule 137, by signing the petition described in paragraph four, above, Respondent certified that she had read the petition and that, to the best of her knowledge, information or belief formed after reasonable inquiry, it was well grounded in fact and was warranted by existing law.

6. In the petition described in paragraphs four and five, above, Respondent alleged that she represented the estate of Firman Chandra Siregar ("Siregar"), that Siregar had been a passenger on Malaysian Airlines Flight 370, that the aircraft had crashed, that Siregar had been killed.

7. Respondent's allegations described in paragraph six, above, had no basis in fact and were frivolous, because Respondent knew at the time she filed the petition that no evidence had been discovered regarding the location or disposition of Malaysian Airlines Flight 370.

8. In the petition described in paragraphs four and five, above, Respondent alleged that Siregar's estate reasonably believed that Malaysian Airlines Flight 370 had crashed as the result of negligent design, manufacture, repair and maintenance of the aircraft by the Boeing Company.

9. Respondent's allegations described in paragraph eight, above, had no basis in fact and were frivolous, because Respondent knew at the time she filed the petition that no evidence existed that Malaysian Airlines Flight 370 had experienced a mechanical malfunction, and that the evidence in fact showed that the aircraft had changed direction and had continued to fly for several hundred miles after its last contact with air traffic controllers.

10. In March 2014, at the time Respondent filed the petition described above, Illinois Supreme Court Rule 224 authorized the filing of such a petition "for the sole purpose of ascertaining the identity of one who may be responsible in damages," and Illinois courts had long held that a Rule 224 petition was not appropriate if the identity of any potentially-responsible defendant was known to the petitioner. Guertin v. Guertin, 204 Ill.App.3d 527 (3rd District, 1990); Roth v. St. Elizabeth's Hospital, 241 Ill.App.3d 407 (5th District, 1993)

11. Respondent's petition in case number 2014L003408 was frivolous, because Supreme Court Rule 224 did not permit the filing of such a petition where the "identity of one who may be responsible in damages" was known to the petitioner, and Respondent knew that the missing aircraft had been manufactured by the Boeing Company and that it was being operated by Malaysian Airlines when it disappeared. Respondent therefore had no need to discover the identity of a responsible party, and no basis for filing a Rule 224 petition.

12. On March 25, 2014, Respondent conducted news media briefings in Kuala Lumpur to announce the filing of her action against the Boeing Company and Malaysian Airlines and to claim that those entities were responsible for the disappearance of Flight 370.

13. On two occasions in 2013, the Hon. Kathy M. Flanagan, a Judge of the Circuit Court, had dismissed Rule 224 petitions filed by Respondent against aircraft manufacturers, on the basis that such petitions were not authorized by the rule, when the identity of a potential defendant was known to the petitioner.

14. On March 28, 2014, the Judge Flanagan entered, sua sponte, a memorandum opinion and order dismissing Respondent's petition in case number 2014L003408, in which the judge found that the petition exceeded the scope of Supreme Court Rule 224, that it was baseless, and that Respondent knew that the filing of a Rule 224 Petition was inappropriate where the identity of a potential defendant was known.

15. Respondent's filing of a frivolous pleading prejudiced the administration of justice by misusing judicial resources.

16. Respondent's filing of a frivolous pleading, and her statements to the press, prejudiced the administration of justice by publicly accusing the Boeing Company of negligent conduct in connection with Flight 370, without basis in fact.

17. By reason of reason of the conduct outlined above, Respondent has engaged in the following misconduct:

  1. bringing a proceeding where there is no basis in law and fact for doing so that is not frivolous, by filing a pleading without valid factual or legal bases, in violation of Rule 3.1 of the Illinois Rules of Professional Conduct (2010); and

  2. conduct that is prejudicial to the administration of justice, by wasting judicial resources by filing a frivolous pleading and wasting judicial resources, in violation of Rule 8.4(d) of the Illinois Rules of Professional Conduct (2010).

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

Robert J. Verrando
Counsel for Administrator
130 E. Randolph, Suite 1500
Chicago, Illinois 60601
Telephone: (312) 565-2600

Respectfully submitted,

Jerome Larkin, Administrator
Attorney Registration and
Disciplinary Commission

By:  Robert J. Verrando