THE COURT MADE THE FOLLOWING ANNOUNCEMENTS:
MISCELLANEOUS RECORD
M.R.18078 - In re: Gerald David William North
(September 24, 2004)
Disciplinary Commission.
The petitions by respondent Gerald David William
North and the Administrator of the Attorney Registration and
Disciplinary Commission for leave to file exceptions to the report
and recommendation of the Review Board are denied. As recommended by
the Review Board, respondent is suspended from the practice of law
for three (3) months, and until respondent files proof with the
Administrator that he has paid restitution of $1,869.93 plus
interest and costs of the Arizona disciplinary proceeding.
Suspension effective October 15, 2004.
Respondent Gerald David William North shall
reimburse the Disciplinary Fund for any Client Protection payments
arising from his conduct prior to the termination of the period of
suspension.
Order entered by the Court.
M.R.19205 - In re: Joseph Kingsland Robbins
(September 24, 2004)
Disciplinary Commission.
The Administrator of the Attorney Registration and
Disciplinary Commission having filed a report pursuant to Supreme Court Rule 763 on the status of
respondent Joseph Kingsland Robbins in the State of Missouri; respondent's probation in
Illinois is terminated and respondent's one (1)-year stayed
suspension in Illinois will terminate on March 12, 2005.
Order entered by the Court.
M.R.19281 - In re: Rodney Lane Harrison
(September 24, 2004)
Disciplinary Commission.
The motion by the Administrator of the Attorney
Registration and Disciplinary Commission for excess costs in the amount of $3,360 is allowed.
Respondent Rodney Lane Harrison is directed to pay the costs in full to the Attorney Registration and
Disciplinary Commission.
Order entered by the Court.
M.R.19433 - In re: John Francis Brennan
(September 24, 2004)
Disciplinary Commission.
The petition by the Administrator of the Attorney
Registration and Disciplinary Commission to impose discipline on consent pursuant to Supreme Court Rule
762(b) is allowed, and respondent John Francis Brennan is censured.
Order entered by the Court.
M.R.19434 - In re: Henry Thompson Tucker, Jr.
(September 24, 2004)
Disciplinary Commission.
The petition by the Administrator of the Attorney
Registration and Disciplinary Commission to impose reciprocal discipline pursuant to Supreme Court Rule
763 is allowed, and respondent Henry Thompson Tucker, Jr., who has
been disciplined in the State of Virginia, is disbarred in the State
of Illinois. The petition by respondent Henry Thompson Tucker,
Jr. for a hearing pursuant to Supreme Court Rule 763 is denied.
Orders entered by the Court.
M.R.19435 - In re: David Alan Schechter
(September 24, 2004)
Disciplinary Commission.
The petition by the Administrator of the Attorney
Registration and Disciplinary Commission to impose reciprocal discipline pursuant to Supreme Court Rule
763 is allowed, and respondent David Alan Schechter, who has been
disciplined in the State of Kentucky, is suspended from the practice
of law in the State of Illinois for two (2) years and until he is
reinstated to the practice of law in Kentucky.
Respondent David Alan Schechter shall reimburse the
Disciplinary Fund for any Client Protection payments arising from his conduct prior to the
termination of the period of suspension.
Order entered by the Court.
M.R.19436 - In re: Brenda Joyce Stidham
(September 24, 2004)
Disciplinary Commission.
The petition by the Administrator of the Attorney
Registration and Disciplinary Commission to impose reciprocal discipline pursuant to Supreme Court Rule
763 is allowed, and respondent Brenda Joyce Stidham, who has been
disciplined in the State of Texas, is suspended from the practice of
law in the State of Illinois for six (6) months and until she is
reinstated in Texas.
Respondent Brenda Joyce Stidham shall reimburse the
Disciplinary Fund for any Client Protection payments arising from
her conduct prior to the termination of the period of suspension.
Order entered by the Court.
M.R.19440 - In re: Patrick Joseph Mitchell
(September 24, 2004)
Disciplinary Commission.
The petition by the Administrator of the Attorney
Registration and Disciplinary Commission to impose discipline on consent pursuant to Supreme Court Rule
762(b) is allowed, and respondent Patrick Joseph Mitchell is
suspended from the practice of law for sixty (60) days. Suspension
effective October 15, 2004.
Respondent Patrick Joseph Mitchell shall reimburse
the Disciplinary Fund for any Client Protection payments arising
from his conduct prior to the termination of the period of
suspension.
Order entered by the Court.
M.R.19441 - In re: Louis Ernest Neuendorf
(September 24, 2004)
Disciplinary Commission.
The petition by respondent Louis Ernest Neuendorf
for leave to file exceptions to the report and recommendation of the
Review Board is denied. Respondent is disbarred, as recommended by
the Review Board.
Order entered by the Court.
M.R.19442 - In re: Mark Hatlen Mennes
(September 24, 2004)
Disciplinary
Commission.
The petition by the Administrator of the Attorney
Registration and Disciplinary Commission to impose discipline on consent pursuant to Supreme Court Rule
762(b) is allowed. Respondent Mark Hatlen Mennes is suspended from
the practice of law for two (2) years and until further order of the
Court, with all but the first year of suspension stayed by probation
to continue for the duration of the period that respondent is
licensed to practice law in the State of Illinois, subject to
the following conditions:
a. During the one (1)-year suspension period,
respondent shall enroll in and complete a moderate intensity
outpatient alcohol dependency program and attend any recommended
aftercare and 12-step meetings at a frequency determined by his
outpatient chemical dependency treatment providers;
b. Respondent shall abstain from the usage of
alcohol and any unprescribed controlled substances;
c. Respondent shall, upon request by the
Administrator, submit to random substance testing by a mental health
professional or facility approved by the Administrator, within eight
hours of receiving notice by the Administrator that he shall submit
to the testing. The results of the tests shall be reported to the
Administrator. Respondent shall pay any and all costs of such
testing;
d. Respondent shall continue in his course of
treatment with a qualified mental health professional and physician
acceptable to the Administrator, comply with all treatment
recommendations of the mental health professional and physician, take prescribed medications, undergo
a neuropsychological evaluation at least every 18 months and provide
appropriate releases to the treating professional(s) to allow
reports to the Commission on a regular basis of not less than four
times per year, with the Administrator advised of any change in
attendance deemed warranted by such professional(s);
e. When he resumes his practice, respondent's
practice of law shall be supervised by a licensed attorney(s)
acceptable to the Administrator. Respondent shall notify the
Administrator of the name and address of any and all attorneys with
whom he establishes a supervisory relationship. Respondent shall
authorize the supervising attorney(s) to provide a report in writing
to the Administrator no less than every three months, regarding the
nature of respondent's work, the number of cases being handled by respondent and the
supervisor's general appraisal of respondent's continued fitness to
practice law;
f. During the one(1)-year suspension period,
respondent shall attend and successfully complete the course
conducted by the Illinois Professional Responsibility Institute;
g. Respondent shall attend meetings scheduled by the
Commission probation officer as requested by the Administrator.
Respondent shall submit quarterly written reports to the
Administrator concerning the nature and extent of his compliance
with the conditions of probation;
h. Respondent shall notify the Administrator within
fourteen (14) days of any change of his address, or change in
treatment professionals;
i. Respondent shall comply with the Illinois Rules
of Professional Conduct and will cooperate with the Administrator in
providing information regarding any investigation relating to his
conduct;
j. Respondent shall reimburse the Commission for the
costs of this proceeding as defined in Supreme Court Rule 773 and
shall reimburse the Commission for any further costs incurred during
the period of probation;
k. Respondent shall reimburse the Disciplinary Fund
for any Client Protection payments arising from his conduct; and
l. Probation shall be revoked if respondent is found
to have violated any of the terms of probation. The remaining one
(1)-year period of suspension shall commence from the date of the
determination that any term of probation has been violated and shall continue until further order of
the Court.
Suspension effective October 15, 2004.
Order entered by the Court.
M.R.19443 - In re: Stuart
Knight Holcomb, III
(September 24, 2004)
Disciplinary Commission.
The petition by the Administrator of the Attorney
Registration and Disciplinary Commission to impose discipline on
consent pursuant to Supreme Court Rule 762(b) is continued to allow
the parties to amend the final probationary condition, identified as
No. 8. on page 9 of the petition, to conform with the usual and
customary language stating the consequences of violating probation. If an amended
condition is not submitted by October 8, 2004, the petition to
impose discipline on consent will be denied without further notice.
Order entered by the Court.
M.R.19451 - In re: Roberta Lee Samotny
(September 24, 2004)
Disciplinary
Commission.
The motion by the Administrator of the Attorney
Registration and Disciplinary Commission to approve and confirm the
report and recommendation of the Hearing Board is allowed, and
respondent Roberta Lee Samotny is disbarred.
Order entered by the Court.
M.R.19460 - In re: Steven David Lustig
(September 24, 2004)
Disciplinary
Commission.
M.R.19462 - In re: Gerald Lee Fishman
(September 24, 2004)
Disciplinary
Commission.
The petition by the Administrator of the Attorney
Registration and Disciplinary Commission for leave to file exceptions to the report and recommendation
of the Review Board is allowed. Respondent is suspended from the
practice of law for one (1) year. Suspension effective October 15,
2004.
Respondent Gerald Lee Fishman shall reimburse the
Disciplinary Fund for any Client Protection payments arising from his conduct prior to the
termination of the period of suspension.
McMorrow, C.J., took no part.
Order entered by the Court.
M.R.19463 - In re: Dale Alan Carlson
(September 24, 2004)
Disciplinary
Commission.
The motion by Dale Alan Carlson to strike his name
from the roll of attorneys licensed to practice law in Illinois pursuant to Supreme Court Rule
762(a) is allowed, effective immediately.
Order entered by the Court.
M.R.19480 - In re: Chester Slaughter
(September 24, 2004)
Disciplinary
Commission.
The petition by the Administrator of the Attorney
Registration and Disciplinary Commission to impose discipline on
consent pursuant to Supreme Court Rule 762(b) is allowed, and
respondent Chester Slaughter is suspended from the practice of law
for five (5) months. Suspension effective October 15, 2004.
Respondent Chester Slaughter shall reimburse the
Disciplinary Fund for any Client Protection payments arising from
his conduct prior to the termination of the period of suspension.
Fitzgerald, J., took no part.
Order entered by the Court.
M.R.19488 - In re: Michael Donald Malicki
(September 24, 2004)
Disciplinary Commission.
The motion by the Administrator of the Attorney
Registration and Disciplinary Commission to approve and confirm the
report and recommendation of the Hearing Board is allowed, and
respondent Michael Donald Malicki is suspended from the practice of
law for two (2) years and until further order of the Court.
Order entered by the Court.
M.R.19490 - In re: Alan Sheldon Levin
(September 24, 2004)
Disciplinary
Commission.
The petition by the Administrator of the Attorney
Registration and Disciplinary Commission for leave to file
exceptions to the report and recommendation of the Review Board is
denied. Respondent is suspended from the practice of law for thirty
(30) days, as recommended by the Review Board. Suspension effective
October 15, 2004.
Respondent Alan Sheldon Levin shall reimburse the
Disciplinary Fund for any Client Protection payments arising from
his conduct prior to the termination of the period of suspension.
Order entered by the Court.
M.R.19491 - In re: Michael James Meyer
(September 24, 2004)
Disciplinary
Commission.
The petition by the Administrator of the Attorney
Registration and Disciplinary Commission for leave to file exceptions to the report and recommendation
of the Review Board is denied. Respondent Michael James Meyer is
censured, as recommended by the Review Board.
Order entered by the Court.
M.R.19499 - In re: Thomas J. Finnegan, Jr.
(September 24, 2004)
Disciplinary Commission.
The motion by the Administrator of the Attorney
Registration and Disciplinary Commission to approve and confirm the report and recommendation of
the Hearing Board is allowed, and respondent Thomas J. Finnegan, Jr.
is suspended from the practice of law for six (6) months and until
further order of the Court.
Order entered by the Court.
M.R.19505 - In re: Margaret Rose Best
(September 24, 2004)
Disciplinary
Commission.
The motion by the Administrator of the Attorney
Registration and Disciplinary Commission to approve and confirm the
report and recommendation of the Hearing Board is allowed, and
respondent Margaret Rose Best is disbarred.
Order entered by the Court.
M.R.19511 - In re: Pamela D. Lucas
(September 24, 2004)
Disciplinary
Commission.
The petition by the Administrator of the Attorney
Registration and Disciplinary Commission to impose discipline on
consent pursuant to Supreme Court Rule 762(b) is allowed, and
respondent Pamela D. Lucas is suspended from the practice of law for
three (3) years and until further order of the Court.
Order entered by the Court.
M.R.19512 - In re: Scott Lowell Ladewig
(September 24, 2004)
Disciplinary Commission.
The petition by the Administrator of the Attorney
Registration and Disciplinary Commission for leave to file exceptions to the report and recommendation
of the Review Board is denied. As recommended by the Review Board,
respondent Scott Lowell Ladewig is suspended from the practice of
law for three (3) years, with the suspension stayed after five (5) months by a thirty-one
(31)-month period of probation pursuant to Supreme Court Rule 772,
with probation to terminate without further order of Court, provided
that respondent complies with the following conditions:
a. Within thirty (30) days of the entry of the
Court's order imposing discipline, respondent shall submit proof to
the Administrator that he has made full and complete restitution to
DePaul University of any and all amounts due and owing to that
institution. Within six (6) months of the Court's order he shall
submit proof that he has closed the Audia estate;
b. Respondent shall attend meetings scheduled by the
Commission probation officer as requested by the Administrator.
Respondent shall submit quarterly written reports to the
Administrator concerning the status of his practice of law and the nature and extent of his compliance with the
conditions of probation;
c. Respondent shall notify the Administrator within
fourteen (14) days of any change of address;
d. Respondent shall comply with the Illinois Rules
of Professional Conduct and shall timely cooperate with the
Administrator in providing information regarding any investigations
relating to his conduct;
e. Respondent shall reimburse the Commission for the
costs of this proceeding as defined in Supreme Court Rule 773 and
shall reimburse the Commission for any further costs incurred during
the period of probation;
f. At least thirty (30) days prior to the
termination of the period of probation, respondent shall reimburse
the Disciplinary Fund for any Client Protection payments arising
from his conduct;
g. Respondent shall submit to an independent audit
of his client trust account, conducted by an auditor approved by the
Administrator, at respondent's expense, twelve (12) months after the
commencement of probation. Respondent and the Administrator shall
each receive copies of the audit;
h. Respondent shall, within the first six (6) months
of probation, enroll in a law office management program sponsored by
or through the Cook County, Chicago or other Bar Association and
shall, upon enrollment, notify the Administrator, in writing, of the name of the attorney with whom
respondent is assigned to work. Respondent shall successfully
complete the law office management program at least thirty (30) days
prior to the end of the probation term. Through respondent's
participation in the law office management program, respondent shall
establish and utilize the following:
1. A system for maintaining records as required by
Supreme Court Rule 769;
2. A diary and docketing system in accordance with
the requirements established by the law office management program,
including a mechanism by which approaching statutes of limitations
and other filing deadlines are noted;
3. A system by which telephone messages are recorded
and telephone calls are returned in a timely manner;
4. A system by which written requests by clients for
the status of their legal matters are responded to, either orally or
in writing, in a timely manner;
5. A system whereby clients are apprised at the
outset of representation of the basis upon which fees will be
calculated and costs paid;
6. For cases in which the fee is to be calculated on
an hourly basis, a system by which clients are provided with regular
itemized billing statements provided at least quarterly, setting
forth the services performed by respondent, the date upon which each service was performed, the time spent by
respondent on each service and the amount to be charged to the
client; and
7. A system for the handling of funds belonging to
clients and third parties that conforms to the requirements of Rule
1.15 of the Illinois Rules of Professional Conduct.
i. Respondent shall authorize the attorney assigned
to work with him in the law office management program to:
1. Disclose to the Administrator on a quarterly
basis, by way of signed reports, information pertaining to the
nature of respondent's compliance with the law office management
program and the above described conditions;
2. Promptly report to the Administrator respondent's
failure to comply with any part of the above described conditions;
and
3. Respond to any and all inquiries from the
Administrator regarding respondent's compliance with the above
described conditions.
j. Respondent's practice of law shall be supervised
by a licensed attorney (or attorneys) acceptable to the
Administrator. Respondent shall notify the Administrator of the name
and address of any and all attorneys with whom he establishes a supervisory relationship, and shall provide notice
to the Administrator of any change in supervising attorneys within
fourteen (14) days of the change. Respondent shall authorize the
supervising attorney(s) to provide a report in writing to the Administrator, no less than every
three (3) months, regarding the nature of respondent's work, the
number of cases being handled by respondent and the supervisor's
general appraisal of the respondent's continued fitness to practice
law;
k. Respondent shall continue in his course of
treatment with Dr. Errek or such other qualified mental health
professional acceptable to the Administrator, and shall report to
Dr. Errek or such other qualified mental health professional on a
regular basis, of not less than once per week, with the
Administrator advised of any change in attendance deemed warranted
by such professional;
l. Respondent shall comply with all treatment
recommendations of Dr. Errek or such other mental health
professional, including the taking of medications as prescribed;
m. Respondent shall provide to Dr. Errek or such
other qualified mental health professional, an appropriate release
as required under the Confidentiality Act of the Mental Health Code,
740 ILCS 110/1 et seq., authorizing the treating professional to:
(1) disclose to the Administrator on at least a quarterly basis
information pertaining to the nature of respondent's compliance with
any treatment plan established with respect to respondent's
condition; (2) promptly report to the Administrator respondent's
failure to comply with any part of an established treatment plan;
(3) respond to any inquiries by the Administrator regarding
respondent's mental or emotional state or compliance with any
established treatment plans;
n. Respondent shall notify the Administrator within
fourteen (14) days of any change in treatment professionals;
o. Probation shall be revoked if respondent is found
to have violated any of the terms of probation. The remaining
thirty-one (31) month period of suspension shall commence from the
date of the determination that any term of probation has been
violated.
Suspension effective October 15, 2004.
Respondent Scott Lowell Ladewig shall reimburse the
Disciplinary Fund for any Client Protection payments arising from
his conduct prior to the termination of the period of
suspension/probation.
Order entered by the Court.
M.R.19520 - In re: Robert George Frederick
(September 24, 2004)
Disciplinary Commission.
The petition by the Administrator of the Attorney
Registration and Disciplinary Commission to impose discipline on
consent pursuant to Supreme Court Rule 762(b) is allowed, and
respondent Robert George Frederick is suspended from the practice of
law for ninety (90) days. Suspension effective October 15, 2004.
Respondent Robert George Frederick shall reimburse
the Disciplinary Fund for any Client Protection payments arising
from his conduct prior to the termination of the period of
suspension.
Order entered by the Court.
M.R.19524 - In re: Cheryl Ann Handy
(September 24, 2004)
Disciplinary
Commission.
The petition by respondent Cheryl Ann Handy for
leave to file exceptions to the report and recommendation of the
Review Board is denied. Respondent is suspended from the practice of
law for one (1) year and until further order of the Court, as
recommended by the Review Board.
Order entered by the Court.
M.R.19525 - In re: Sam V. Menegas
(September 24, 2004)
Disciplinary Commission.
The petition by the Administrator of the Attorney
Registration and Disciplinary Commission to impose discipline on
consent pursuant to Supreme Court Rule 762(b) is denied.
Order entered by the Court.
M.R.19526 - In re: Erik Alexander Martin
(September 24, 2004)
Disciplinary Commission.
The petition by the Administrator of the Attorney
Registration and Disciplinary Commission to impose discipline on
consent pursuant to Supreme Court Rule 762(b) is denied.
Order entered by the Court.
M.R.19532 - In re: Richard Patrick Ryan
(September 24, 2004)
Disciplinary Commission.
The petition by the Administrator of the Attorney
Registration and Disciplinary Commission for leave to file
exceptions to the report and recommendation of the Review Board is
allowed. Respondent is suspended from the practice of law for one
(1) year. Suspension effective October 15, 2004.
Respondent Richard Patrick Ryan shall reimburse the
Disciplinary Fund for any Client Protection payments arising from
his conduct prior to the termination of the period of suspension.
Order entered by the Court.
M.R.19542 - In re: Karen J. Roose
(September 24, 2004)
Disciplinary
Commission.
The petition by the Administrator of the Attorney
Registration and Disciplinary Commission to impose reciprocal
discipline pursuant to Supreme Court Rule 763 is allowed, and
respondent Karen J. Roose, who has been disciplined in the State of
Colorado, is suspended from the practice of law in the State of
Illinois for one (1) year and until she is reinstated to the
practice of law in Colorado.
Respondent Karen J. Roose shall reimburse the
Disciplinary Fund for any Client Protection payments arising from
her conduct prior to the termination of the period of suspension.
Order entered by the Court.
M.R.19545 - In re: Mark Van
Pernis (September 24,
2004)
Disciplinary
Commission.
The petition by the Administrator of the Attorney
Registration and Disciplinary Commission to impose reciprocal
discipline pursuant to Supreme Court Rule 763 is allowed, and
respondent Mark Van Pernis, who has been disciplined in the State of
Hawaii, is suspended from the practice of law for three (3) months
in the State of Illinois. Suspension effective October 15, 2004.
Respondent Mark Van Pernis shall reimburse the
Disciplinary Fund for any Client Protection payments arising from
his conduct prior to the termination of the period of suspension.
Order entered by the Court.
M.R.19547 - In re: Vanessa Smith
(September 24, 2004)
Disciplinary
Commission.
The motion by the Administrator of the Attorney
Registration and Disciplinary Commission to approve and confirm the
report and recommendation of the Hearing Board is allowed, and
respondent Vanessa Smith is disbarred.
Order entered by the Court.
M.R.19549 - In re: Karrean Marie Rolling-Holmes
(September 24, 2004)
Disciplinary Commission.
The motion by the Administrator of the Attorney
Registration and Disciplinary Commission to approve and confirm the
report and recommendation of the Hearing Board is allowed.
Respondent Karrean Marie Rolling-Holmes is suspended from the
practice of law for three (3) years and until further order of the
Court, effective immediately.
Order entered by the Court.