BEFORE THE HEARING BOARD
OF THE
ILLINOIS ATTORNEY REGISTRATION
AND
DISCIPLINARY COMMISSION

In the Matter of:

BRIAN JOHN WANCA,

Attorney-Respondent,

No. 3126474.

Commission No. 2017PR00109

JOINT STIPULATION OF FACTS

Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission, by his attorney, Gina M. Abbatemarco, and Respondent, Brian John Wanca, by his attorney, Stephanie L. Stewart, stipulate that the following facts could be proven by clear and convincing evidence at a hearing:

1. On the evening of June 24, 2016, and again on the evening of June 25, 2016, at the request of his spouse, Respondent changed the light bulbs at their home in northwest suburban Inverness. On June 25, 2016, Respondent and his spouse were discussing household responsibilities, including his spouse's request that Respondent change additional light bulbs. By 9:30 that evening, Respondent had not finished changing the light bulbs.

2. On the evening of Sunday, June 26, 2016, Respondent sat down in a chair after dinner to watch television. Respondent and his spouse continued their discussion about the light bulbs. The discussion continued about other topics as Respondent was on a stepladder finishing changing the burned-out light bulbs in the kitchen.

3. Respondent recalls that his spouse was yelling at him as he came down from the stepladder. Respondent then put his hand up and placed it on his spouse's neck. Respondent removed his hand from his spouse's neck when she told him she could not breathe. That same

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night, Respondent's spouse contacted the Palatine Police Department to file a police report against Respondent based on his conduct.

4. On June 26, 2016, officers arrived at Respondent's home, and spoke with both Respondent and his spouse. Respondent's spouse told the officers that she had not lost consciousness, and informed them she was declining medical treatment because she did not feel she was injured. The officers noted in their report that they had observed visible red marks on Respondent's spouse's neck. The officers then arrested Respondent.

5. 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 completion of a domestic violence program.

7. On September 28, 2017, having complied with the conditions imposed by Judge Betar, Respondent's supervision was terminated as "satisfactory" and no judgment of conviction was entered against Respondent as a result of his conduct.

8. In mitigation, Respondent has not been disciplined since his admission in 1980, and he has been cooperative in the disciplinary process. Respondent has expressed remorse for his conduct and promptly complied with all conditions related to his supervision. He has also engaged in pro bono work throughout his legal career, and, in various class action matters he has handled, has distributed in excess of one million dollars in cy pres donations (distributions of

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class funds to non-profit organizations that advance the public interest).

Respectfully submitted,

Jerome Larkin, Administrator
Attorney Registration &
Disciplinary Commission
 

By: Gina M. Abbatermarco
Counsel for the Administrator
130 E. Randolph Dr., Suite 1500
Chicago, IL 60601
Telephone: (312) 565-2600

Brian John Wanca,
Attorney-Respondent
 


By: Stephanie L. Stewart
Counsel for Respondent
30 N. LaSalle Street, Suite 1410
Chicago, IL 60602
Telephone: (312) 763-6225

BEFORE THE HEARING BOARD
OF THE
ILLINOIS ATTORNEY REGISTRATION
AND
DISCIPLINARY COMMISSION

In the Matter of:

BRIAN JOHN WANCA,

Attorney-Respondent,

No. 3126474.

Commission No. 2017PR00109

REPRIMAND

To: Brian John Wanca:

1. You are being reprimanded for misconduct in connection with the Circuit Court of Cook County's finding in 2016 that you were guilty of misdemeanor battery. Although not related to a client matter, lawyers are expected to show respect for the law by following it, and your plea of guilty to the offense of battery was inconsistent with that expectation and could bring the legal profession into disrepute.

2. You have admittedly engaged in conduct inconsistent with Rule 8.4(b) as a result of your conduct relating to your guilty plea to battery. You are therefore reprimanded not to repeat the conduct which has resulted in the imposition of discipline.

3. You are further advised that while this reprimand is not formally presented to the Supreme Court, it is not to be taken lightly. This reprimand is a matter of public record and is on file with the Attorney Registration and Disciplinary Commission and may be admitted into evidence in the event that there are disciplinary proceedings against you in the future.

Respectfully submitted,

Champ W. Davis, Jr.
Mchael P. Rohan
David C. Rudd

CERTIFICATION

I, Kenneth G. Jablonski, Clerk of the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois and keeper of the records, hereby certifies that the foregoing is a true copy of the Reprimand, approved by the Hearing Panel, entered in the above entitled cause of record filed in my office on January 23, 2018.

Kenneth G. Jablonski, Clerk of the
Attorney Registration and Disciplinary
Commission of the Supreme Court of Illinois