BEFORE THE HEARING BOARD
ILLINOIS ATTORNEY REGISTRATION
In the Matter of:
Commission No. 08 CH 67
FILED - July 14, 2008
Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission, by his attorney, Maureen GormanWendy J. Muchman, pursuant to Supreme Court Rule 753(b), complains of Respondent, Jarrett Ward Gable, who was licensed to practice law in the State of Illinois on November 9, 2000, and alleges that Respondent has engaged in the following conduct which tends to defeat the administration of justice or bring the courts or the legal profession into disrepute:
(Criminal Conviction for Possession of cocaine and psilocybin)
1. Between December 2000 until the present date, Respondent was employed as an Assistant Public Defender in Cook County, Illinois.
2. At all times alleged in this complaint, Section 720 ILCS 570/401 provided, in part, that it was unlawful for any person knowingly to possess cocaine.
3. At all times alleged in this complaint, Section 720 ILCS 570/402 (c) provided, in part, that it was unlawful for any person knowingly to possess psilocybin.
4. At all times alleged in this complaint, Section 720 ILCS 550/4, provided, in part, that it was unlawful to knowingly possess cannabis.
5. Between the years of 1994 until May 2006, Respondent used cocaine and psilocybin on a total of at least one to two occasions. Between the years of 1990 until June 2006, Respondent smoked cannabis 3 to 4 times a week.
6. On June 13, 2006 a bill of indictment was filed in Will County alleging that a grand jury charged Respondent with unlawful possession and delivery of a controlled substance, cocaine, and psilocybin in violation of 720 ILCS 570/401(d) and 720 ILCS 570/401(e). The matter was filed as People of the State of Illinois v. Jarrett Gable and given case number 06 CF 655.
7. The criminal charges arose out of Respondent's arrest on May 28, 2006 at a music festival in Peoria Illinois.
8. The matter proceeded to a jury trial. Witnesses, including Respondent, testified. At the conclusion of the trial, Respondent was found guilty of 2 counts of unlawful possession of a controlled substance, psilocybin, a class 4 felony and not guilty of possession with intent to deliver.
9. On March 6, 2008 the Court entered an order reflecting the guilty findings of the jury as referenced in paragraph 5 above. On March 6, 2008, the judge sentenced Respondent to probation pursuant to 720 ILCS 570/410 which provides that if Respondent completes his probation without incident, the court shall discharge Respondent and dismiss the proceedings against him. The statute further provides that 410 probation is a conviction for purposes of sentencing and appeal. Respondent was also required to pay a fine of $5,000, costs of $1735.73 and perform 500 hours of community service work within a nine month period. In addition Respondent was required to undergo medical, psychiatric and drug and alcohol addiction treatment.
10. By reason of his conduct described above, Respondent has engaged in the following misconduct:
committing criminal acts, unlawful possession of cocaine, psilocybin and cannabis, in violation of Section 720 ILCS 570/401, Section 720 ILCS 570/402 and Section 720 ILCS 550/4 that reflect adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, in violation of Rule 8.4(a)(3) of the Illinois Rules of Professional Conduct;
conduct that is prejudicial to the administration of justice in violation of Rule 8.4(a)(5) of the Illinois Rules of Professional Conduct; and
conduct which tends to defeat the administration of justice or bring the courts or the legal profession into disrepute, in violation of Supreme Court Rule 770.
WHEREFORE, the Administrator requests that this matter be assigned to a panel of the Hearing Board, that a hearing be held, and that the panel make findings of fact, conclusions of fact and law, and a recommendation for such discipline as is warranted.
|Wendy J. Muchman
Counsel for Administrator
One Prudential Plaza
130 East Randolph Drive, Suite 1500
Chicago, Illinois 60601
Telephone: (312 565-2600
Facsimile: (312) 565-2320