Statement of Charges Allowed by the Illinois Supreme Court
and Imposing Discipline on Consent
Allowed September 22, 2017
IN THE SUPREME COURT OF ILLINOIS
In the Matter of:
Supreme Court No. M.R.28794
Commission No. 2017PR00048
STATEMENT OF CHARGES PURSUANT
TO SUPREME COURT RULE 762(a)
Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission, by his attorney, Sharon D. Opryszek, pursuant to Supreme Court Rule 762(a), states that on the date Raymond Edward Clutts (hereinafter "Movant") filed a motion requesting that his name be stricken from the Roll of Attorneys, the Administrator was investigating the conduct that formed the basis for Movantís plea of guilty in the Circuit Court of the 19th Judicial Circuit in Lake County to the offenses of attempt home invasion and aggravated discharge of a firearm in the matter entitled People of the State of Illinois v. Raymond Clutts, docket number 14 CF 3091. Had Movantís conduct been the subject of a hearing, the Administrator would present the evidence described in the statement of charges, and that evidence would clearly and convincingly establish the facts and conclusions of misconduct set forth in the statement of charges.
Movantís admissions and records from the Circuit Court of the 19th Judicial Circuit would have established the following facts:
1. On December 3, 2014, Movant was formally charged by way of indictment in the Circuit Court of the 19th Judicial Circuit in Lake County with the offenses of home invasion, aggravated discharge of a firearm, reckless discharge of a firearm, aggravated unlawful use of a weapon and criminal trespass to residence in the matter of People of the State of Illinois v.
Raymond Clutts, docket number 14 CF 3091. Count Two of that indictment charged Movant with home invasion, in violation of 720 ILCS 5/19-6(a)(3). Count Three of that indictment charged Movant with aggravated discharge of a firearm, in violation of 720 ILCS 5/24-1.2(a)(2).
2. On February 23, 2017, Movant entered into a voluntary plea of guilty to an amended Count Two, which charged him with attempt home invasion, in violation of 720 ILCS 5/8-4, and Count Three, aggravated discharge of a firearm. As part of the plea agreement, Movant stipulated that a trier of fact could find Movant guilty of attempt home invasion and aggravated discharge of a firearm, based on testimony from Movantís daughter and former spouse that the women lived at a home in Hawthorne Woods, and that in the early evening hours of November 7, 2014, while both women were at home, Movant entered their home while armed with a firearm and threatened them with the imminent use of force while inside their home.
3. Movant further stipulated that if those witnesses were called, they would testify that while in the house he discharged a firearm in the direction of his former spouse.
4. On February 23, 2017, Judge Victoria Rossetti sentenced Movant to nine years and 11 months in the Illinois Department of Corrections on the amended Count Two, attempt home invasion, and 48 months of felony probation with standard conditions of probation on Count Three, aggravated discharge of a firearm, to be served consecutive to amended Count Two.
CONCLUSIONS OF MISCONDUCT
5. By reason of the conduct described above, Movant has engaged in misconduct by:
committing a criminal act that reflects adversely on his honesty, trustworthiness or fitness as a lawyer in other respects, by conduct including engaging in attempt home invasion and aggravated discharge of a firearm, in violation of 720 ILCS 5/8-4, 720 ILCS 5/19-6(a)(3) and 720 ILCS 5/24-1.2(a)(2) and Rule 8.4(b) of the Illinois Rules of Professional Conduct (2010).
Sharon D. Opryszek