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NEW FILINGS, HEARING SCHEDULES AND CLERK'S OFFICE


Recent Disciplinary Decisions from Supreme Court  |  Recently Filed Complaints and Reports  |  Announcements  |  Schedule of Hearings  |  Clerk’s Office Services

ANNOUNCEMENT OF DISCIPLINARY DECISIONS

Tuesday, March 20, 2007 10:00 A.M.

LAWYER DISCIPLINARY ORDERS

INFORMATION RELEASE

The Supreme Court of Illinois on Monday March 19, 2007 announced the filing of disciplinary orders involving a number of licensed lawyers. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.

The attached list contains the name of each disciplined lawyer, the address at which the lawyer last practiced, and a brief summary of the misconduct that led to the sanction. The announcement of the orders may be reviewed at the Supreme Court of Illinois website: www.state.il.us/court.

The Attorney Registration and Disciplinary Commission (ARDC), an Illinois Supreme Court agency, investigates alleged wrongdoing by Illinois attorneys, holds hearings on specific charges, and recommends discipline where warranted. The Supreme Court is, however, the only authority that can discipline lawyers for misconduct. The Supreme Court generally announces lawyer sanction orders during each formal term of Court. The Court convenes in term every January, March, May, September and November.

There are over 83,000 attorneys in Illinois. Yearly fees are imposed on most Illinois lawyers to fund the ARDC. There are no tax dollars used to support the disciplinary system.

The ARDC is composed of seven members, three of whom are non-lawyers.  Attorney Benedict Schwarz II is the Commission Chairman.  The ARDC Administrator is Jerome E. Larkin.

For additional information concerning these disciplinary orders contact: 

James J. Grogan, Attorney Registration and Disciplinary Commission, Chicago.

312-565-2600 or 1-800-826-8625

In re JOHN A. ARRIGO, Attorney Number 73660
1304 Teenajo Drive SE
Huntsville, Alabama 35803-2431

File information: M.R. 21373, 06 CH 45

Mr. Arrigo, who was admitted in 1977, was suspended for one year and until further order of the Court. While serving as a Colonel in the United States Air Force Judge Advocate General’s Corps, he forged his supervisor's signature on his yearly performance evaluation in order to increase his chances of receiving a promotion.

In re HERB R. BUETOW, Attorney Number 6198257
11 East Schaumburg Road, 2nd Floor
Schaumburg, Illinois 60194-3501

File information: M.R. 21395, 04 CH 113

Mr. Buetow, who was admitted in 1988, was suspended for two years and until further order of the Court, with the suspension stayed after the first six months by probation subject to certain conditions. He neglected several client matters and made false statements to some clients about his representation on their matters. The suspension is effective on April 9, 2007.

In re CAROL LORRAINE CAGLE
Attorney Number 6190813
1720 Main Street, Suite 1
Alton, Illinois 62002-4709

File information: M.R. 21355, 05 SH 23

Ms. Cagle, who was admitted to practice law in 1985, was suspended for two years. She neglected the matters of six clients and failed to cooperate with the disciplinary investigation. She was previously disciplined for similar misconduct. The suspension is effective on April 9, 2007.

In re TROY LESLIE DAUGHERTY
Attorney Number 6190586
12168 South Shannan Lane
Olathe, Kansas 66062-5968

File information: M.R. 21469, 05 CH 51

Mr. Daugherty, who was admitted in 1985, was suspended for one year and until he makes certain restitution. He fraudulently obtained a $15,000 bank loan, then lied about his conduct in an answer that he filed in an adversary proceeding brought against him in his Chapter 7 bankruptcy case, and in a deposition in that proceeding. The suspension is effective on April 9, 2007.

In re C. TONY DAVIS, Attorney Number 6208803
509 West DeYoung Street
Marion, Illinois 62959-1619

File Information: M.R. 21377, 06 SH 4

Mr. Davis, who was admitted in 1992, was disbarred. He misappropriated at least $150,000 in funds belonging to a client and that client’s creditor.

In re AARON STUART DUBIN, Attorney Number 6185327
231 South Bemiston Avenue, Suite 1111
Clayton, Missouri 63105-1914

File Information: M. R. 21376, 06 RC 1517

Mr. Dubin was admitted in Illinois in 1983 and licensed in Missouri the following year. He was reprimanded in Missouri for maintaining a law practice although not authorized to do so because he had not complied with continuing legal education requirements and for failing to respond to the disciplinary authority’s request for information regarding his conduct. The Illinois Supreme Court imposed reciprocal discipline and reprimanded him. 

In re GARY L. GEARHART, Attorney Number 927864
951 5th Street
LaSalle, Illinois 61301-0491

File Information: M. R. 21335, 05 SH 19

Mr. Gearhart, who was admitted in 1972, was suspended for six months and ordered to complete a professionalism seminar. He engaged in a conflict of interest when he represented both the sellers and buyer of real estate and sought a broker’s commission from the sale. He also commingled client funds, revealed client confidences, and filed a false pleading. He was previously censured for engaging in a conflict of interest. The suspension is effective on April 9, 2007.

In re JOHN GERGETS, Attorney Number 6230933
221 North LaSalle, Suite 764
Chicago, Illinois 60601-1399

File information: M.R. 21405, 05 CH 121

Mr. Gergets, who was admitted in 1996, was suspended for six months and until further order of the Court. He made false statements on a lease application and failed to cooperate with the disciplinary investigation. He is currently suspended for unrelated misconduct.

 In re GARY LEON HAYTCHER
Attorney Number 1163159
912-15th Avenue
East Moline, Illinois 61244-2138

File Information: M.R. 21396, 06 SH 42
 

Mr. Haytcher, who was admitted in 1973, was suspended for two years and until further order of the Court. He converted $25,000.00 entrusted to him as earnest money for a proposed real estate transaction, failed to maintain an appropriate bank account in which to maintain client funds, misappropriated the interest earned on client funds, and practiced law after he was removed from the Master Roll of Attorneys for failing to pay his annual lawyer registration fee.

 In re BRIAN GORDON HIATT, Attorney Number 6256084
300 North Kennedy Drive
Bradley, Illinois 60915-1559

File Information: M.R. 21454, 06 SH 26

Mr. Hiatt, who was admitted in 1998, was suspended for one year and until further order of the Court, with the suspension stayed after sixty days, pending completion of a two-year period of probation with conditions. He neglected four civil matters, was held in contempt of court, and failed to promptly return unearned fees. The suspension is effective on April 9, 2007.

 In re RICHARD ANTHONY JULIANO
Attorney Number 6256162
404 Marshall Road SW
Vienna, VA  22180

File Information: M.R. 21467, 07 DC 1001

Mr. Juliano, who was licensed in 1998, was disbarred on consent. He was convicted in federal court of mail fraud after he participated in a scheme to defraud the State of Illinois and its citizens by diverting personnel, services, salary and other compensation and material resources of the Secretary of State’s office to the ‘Citizens for Ryan’ campaign.  He has been suspended on an interim basis since November 4, 2002.

In re BRENDA LYNN MULLEN MURZYN
Attorney Number 6184830
1300 Iroquois Drive, Suite 125
Naperville, Illinois 60563-8449

File Information: M.R. 21436, 05 CH 73

 Ms. Murzyn, who was licensed in 1983, was censured. She represented both the buyer and the seller in the same real estate transaction and failed to disclose her representation of the seller to the buyer.

In re LISA M. PENNOCK, Attorney Number 6191507
200 Oliver Lee Drive
Belleville, Illinois 62223-2914

File information: M.R. 21442, 06 SH 06

 Ms. Pennock, who was admitted in 1985, was suspended for six months and until further order of the Court, with the suspension stayed after sixty days by a twenty-four month period of probation with conditions. She was ordered by the Circuit Court to undergo a urinalysis screening in a post-marital dissolution proceeding. Because she had recently used cannabis, she attempted, unsuccessfully, to obtain a urine sample from a secretary and a receptionist at the law firm where she was employed.  She intended to use the sample to deceive the court.  She was also convicted of DUI in 1992 and twice in 2001, and pled guilty to resisting and obstructing a police officer and driving with a suspended license in 2001. She also failed to timely report those convictions to the ARDC. The suspension is effective on April 9, 2007.

In re DONOVAN W. RILEY, Attorney Number 6211549
N60 W39698 Mary Lane
Oconomowoc, WI  53066-2120

File information: M.R. 21468, 07 DC 1002

Mr. Riley, who was admitted in 1993, was disbarred on consent.  He pled no contest to one count of election fraud in Wisconsin for registering to vote in Waukesha County, Wisconsin, while still a registered voter in Cook County, Illinois, and then voting twice, once in each of those jurisdictions, in the presidential election on November 7, 2000. 

In re BRIAN CHARLES SILVERMAN
Attorney Number 2607131
102 West Main Street
Urbana, Illinois 61801-2738

File information: M.R. 21413, 04 SH 120

Mr. Silverman, who was licensed in 1971, was suspended for nine months. He engaged in inappropriate sexual conduct with a client and the female friend of another client, and he communicated directly with persons known to be represented by counsel. The suspension is effective on April 9, 2007.

In re HERBERT FRANK SMITH, Jr.
Attorney Number 6205885
15030 South Ravinia, Suite 32
Orland Park, Illinois 60462-3258

File information: M.R. 21378, 05 CH 59

Mr. Smith, who was licensed in 1991, was disbarred. He misappropriated at least $265,916.00 in settlement funds belonging to multiple clients and made unauthorized settlements in many client matters.

In re JAMES JOSEPH ZMIGROCKI
Attorney Number 3115984
77 West Washington, Suite 1900
Chicago, Illinois  60602-3175

File information: M.R. 21411, 06 CH 44

Mr. Zmigrocki, who was admitted in 1964, was disbarred on consent. Over the course of approximately nine years, he misappropriated $125,095.39 from a trust fund. Further, as trustee of that trust, he failed to make any disbursement of funds to six different charitable beneficiaries.

 

The Following Orders Were Entered

By The Court Before The March 2007 Term But Were Not Included In Any Previous Information Release

 

 In re ALAN DAVID HUTCHINSON
Attorney Number 6223572

664 West Aldine
Chicago, Illinois 60657-3410

File Information: M.R. 21088, 05 CH 122

(Order entered March 6, 2007)

Mr. Hutchinson, who was licensed in 1994, was suspended on September 21, 2006, for one year and until further order of the Court, with the suspension stayed in its entirety by a two-year period of conditional probation. He engaged in criminal conduct by possessing a controlled substance containing methamphetamine. His probation has now been revoked, the stay of the suspension vacated, and he has been suspended for one year and until further order of Court for violating certain probationary conditions.

In re JOHN WILLIAM KEARNS
Attorney Number 6205537
Post Office Box 476846
Chicago, Illinois  60647-6846

File information: M.R. 21410, 04 CH 80

(Order entered on March 8, 2007)

Mr. Kearns, who was admitted in 1991, was suspended on an interim basis and until further order of the Court.  An ARDC hearing panel earlier recommended that he be suspended for two years and until further order of the Court for illegally employing an immigration client who he knew was not authorized to work in the United States, then making false statements in two immigration petitions he filed for that client. He also improperly used that client’s confidential information, engaged in a conflict of interest, failed to communicate with a second immigration client, provided incompetent representation in an Iowa traffic matter and engaged in the unauthorized practice of law outside Illinois.

In re GARY STEVEN TUCKER, Attorney Number 2863413
2205 Kipling Lane
Highland Park, Illinois  60035-1623

File information: M.R. 21409, 04 CH 89

(Order entered on March 2, 2007)

Mr. Tucker, who was admitted in 1971, was suspended on an interim basis and until further order of the Court. An ARDC hearing panel earlier recommended that he be suspended for three years and until further order of the Court for filing a frivolous and false suit against another attorney, making false statements to a court, fabricating evidence, and making a false statement to the ARDC in order to impede an investigation.

 In re MICHAEL JOHN HIRSCHTICK
Attorney Number 1225405
6321 North Avondale Avenue, Suite 210
Chicago, Illinois 60631-1960

File Information: M.R. 21394, 05 CH 32

(Order entered on March 2, 2007)

Mr. Hirschtick, who was admitted in 1967, was suspended on an interim basis and until further order of the Court. Evidence was introduced at a proceeding before an ARDC hearing panel that he breached a fiduciary duty, financially exploited an elderly client, and wrongfully took funds from a client’s accounts. He did not appear at his disciplinary hearing. 


 

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