BEFORE THE HEARING BOARD
ILLINOIS ATTORNEY REGISTRATION
In the Matter of:
BRIAN JOHN WANCA,
Commission No. 2017PR00109
FILED --- December 12, 2017
FIRST AMENDED COMPLAINT
Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission, by his attorney, Gina M. Abbatemarco, pursuant to Supreme Court Rules 753(b) and 761, complains of Respondent, Brian John Wanca, who was licensed to practice law in Illinois on June 5, 1980, and alleges that Respondent has engaged in the following conduct which subjects Respondent to discipline pursuant to Supreme Court Rule 770:
(Committing Criminal Act of Battery)
1. On the evening of June 25, 2016, Respondent and his spouse were discussing various household chores, including his spouse's request that Respondent change light bulbs at their home in northwest suburban Inverness. At 9:30 in the evening, Respondent began to change light bulbs that had burnt out in the kitchen, but did not complete the task that evening.
2. On the evening of June 26, 2016, Respondent sat down in a chair after dinner to watch television. Respondent and his spouse continued their discussion about Respondent completing the job of changing the light bulbs that he had begun the evening before. The discussion continued about other topics as Respondent was on a stepladder finishing changing the burned-out light bulbs in the kitchen.
3. During the discussion, Respondent came down from the stepladder, pushed his spouse and put his hand on her neck. Respondent removed his hand from his spouse's neck when she indicated to him that she could not breathe. His spouse then ran to another room crying. Respondent's hand left visible red marks on his spouse's neck.
4. That same night, Respondent's spouse contacted the Palatine Police Department to file a police report against Respondent for his actions.
5. On June 26, 2016, Respondent was arrested. On June 27, 2016, the Cook County State's Attorney charged Respondent with Domestic Battery in violation of 720 ILCS 5/12-3.2(a)(2). The matter was captioned The People of the State of Illinois v. Brian J. Wanca, and docketed in the Domestic Violence Division of the Circuit Court of Cook County as case number 16 DV 30448.
6. On October 3, 2016, Respondent pled guilty to Battery, a Class A misdemeanor. On that date, Judge Samuel J. Betar entered an order sentencing Respondent to twelve months of court supervision, requiring him to complete a drug and alcohol evaluation and adhere to any corresponding treatment recommendations, and to complete a domestic violence program.
7. By reason of the conduct described above, Respondent has engaged in the following misconduct:
committing a criminal act that reflects adversely on the Respondent's honesty, trustworthiness or fitness as a lawyer by pushing and putting his hand around his spouse's neck, resulting in a plea of guilty to battery in violation of 720 ILCS 5/12-3.2(a)(2), and in violation of Rule 8.4(b) of the Illinois Rules of Professional Conduct (2010).
WHEREFORE, the Administrator requests that this matter be referred to a panel of the Hearing Board of the Commission, that a hearing be conducted, and that the Hearing Panel make findings of fact, conclusions of fact and law, and a recommendation for such discipline as is warranted.
Gina M. Abbatemarco
Jerome Larkin, Administrator