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

In the Matter of:

DAVE ELLIS COMPTON,

Attorney-Respondent, 

No.  6206241.

 

Commission No.  2010PR00052

FILED -  May 4, 2010

COMPLAINT

Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission, by his attorney, Albert S. Krawczyk, pursuant to Supreme Court Rules 753(b) and 761, complains of Respondent, Dave Ellis Compton, who was licensed to practice law in the State of Illinois on May 9, 1991, and alleges that Respondent has engaged in the following conduct which tends to defeat the administration of justice or which brings the courts or the legal profession into disrepute:

Allegations common to all counts.

1. In 2009, and at other times, pursuant to Chapter 720, Act 5, Section 31A-1.1(a)(1), of the Illinois Compiled Statutes, 1993, as amended, it was unlawful to knowingly and without authority of any person designated or authorized to grant such authority to bring an item of contraband into a penal institution.

2. In 2009, and at other times, for purposes of Section 31A-1.1(a)(1), penal institution was defined to include any "place for the incarceration or custody of persons under sentence for offenses awaiting trial or sentence for offenses." 720 ILCS 5/31A-1.1(c)(1)

3. In 2009, and at other times, for purposes of Section 31A-1.1(a)(1), an item of contraband was defined to include cannabis. 720 ILCS 5/31A-1.1(c)(2)(ii)

Count I
(January 7, 2009, Bringing Cannabis to an Inmate in a Courtroom Detention Area)

4. Between October 2008 and January 6, 2009, on at least two occasions, Respondent received certain items and United States currency from Angela Bell, whom Respondent knew by the name of "Kelly," and delivered the items to inmates in the detention areas of courtrooms located at the Criminal Courts Building at 2600 S. California Ave., Chicago, Illinois.

5. On January 6, 2009, Bell called Respondent, and during their telephone conversation, Bell told Respondent that she had a delivery for an inmate named Armond Williams who had a court date on January 7, 2009, in Courtroom 308, and Respondent told Bell that he would meet her at the Criminal Courts Building on January 7, 2009.

6. On January 7, 2009, Bell met Respondent at the Criminal Courts Building and they went to the third floor together. At that time, Respondent saw Bell remove two items from inside her pants, place the items into an envelope, and hand Respondent the envelope and United States currency.

7. One of the items in the envelope that Bell handed to Respondent contained about 15.1 grams of cannabis in clear cellophane, wrapped separately with about 23.8 grams of tobacco (the combination of which is commonly referred to as "stain") and a pack of matches. The other item contained about 12.6 grams of cannabis in clear cellophane, wrapped separately with about 22.2 grams of tobacco and a pack of matches. Respondent knew, or should have known, that the envelope contained items of contraband.

8. On January 7, 2009, after receiving the envelope from Bell, Respondent entered the inmate detention area at Courtroom 308 and called out the name of Armond Williams, at the time an inmate at the Cook County Department of Corrections being held in the detention area in connection with a court date. At that time, Respondent handed Williams the envelope that he had received from Bell.

9. At no time did Respondent represent Williams, and on January 7, 2009, Respondent did not represent any other defendant who had a case pending in Courtroom 308.

10. On January 7, 2009, pursuant to a search of inmates from the detention area at Courtroom 308, officers of the Cook County Sheriff's Court Services Department searched and recovered the two items of stain from Williams' crotch area.

11. On February 11, 2009, as a result of the acts described in paragraphs 5 through 10, above, a grand jury, sitting in the Circuit Court of Cook County, Illinois, returned a five-count indictment against Respondent, Bell, Williams and Bell's boyfriend, Dejuan "Juan" Gaines, who was also an inmate at the Cook County Department of Corrections, in the matter entitled The People of the State of Illinois vs. Dave E. Compton, Angela Bell, Armond Williams and Dejuan Gaines, case number 09 CR 3166. A copy of the indictment is attached as Exhibit One.

12. Count One of the indictment in case number 09 CR 3166 charged that on or about January 7, 2009, Respondent and the other defendants committed the offense of bringing contraband into a penal institution in that they knowingly and without authority brought an item of contraband, namely, cannabis, into the Cook County Criminal Court House Courtroom 308 detention area, a penal institution, in violation of Chapter 720, Act 5, Section 31A-1.1(a)(1) of the Illinois Compiled Statutes, 1993, as amended, a Class 3 felony.

13. Counts Two through Five of the indictment in case number 09 CR 3166 charged Respondent and the other defendants with the additional charges of possession of contraband in a penal institution, bringing contraband into a penal institution, possession of cannabis with intent to deliver and delivery of cannabis.

14. On November 10, 2009, Respondent pled guilty to, and was found guilty of, Count One of the indictment in case number 09 CR 3166.

15. On November 10, 2009, the Honorable Steven J. Goebel sentenced Respondent to a term of eighteen months probation in case number 09 CR 3166 and ordered Respondent to pay fees and costs totaling $375. A copy of the sentencing order in case number 09 CR 3166 is attached as Exhibit Two, and a copy of the order assessing fees and costs is attached as Exhibit Three.

16. As a result of the order of conviction and the conduct described above, Respondent has engaged in the following misconduct:

  1. committing a criminal act (by violating Chapter 720, Act 5, Section 31A-1.1(a)(1)) that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, in violation Rule 8.4(a)(3) of the Illinois Rules of Professional Conduct;

  2. conduct involving dishonesty, fraud, deceit or misrepresentation, in violation of Rule 8.4(a)(4) of the Illinois Rules of Professional Conduct;

  3. conduct which is prejudicial to the administration of justice, in violation of Rule 8.4(a)(5) of the Illinois Rules of Professional Conduct; and

  4. conduct which tends to defeat the administration of justice or to bring the courts or the legal profession into disrepute, in violation of Supreme Court Rule 770.

Count II
(January 14, 2009, Bringing Cannabis to an Inmate in a Courtroom Detention Area)

17. The Administrator realleges paragraphs 4 through 10 of Count I, above.

18. On January 9, 2009, Bell called Respondent, and during their telephone conversation, Respondent told Bell that he would be available to meet Bell the following Wednesday, January 14, 2009.

19. On January 13, 2009, Bell called Respondent, and during their telephone conversation, Bell told Respondent that she had a delivery for an inmate named Horris Pollard who had a court date on January 14, 2009, in Courtroom 706, and Respondent told Bell that he would meet her at the Criminal Courts Building on January 14, 2009.

20. On January 14, 2009, Bell, and an undercover law enforcement officer who identified herself to Respondent as Pollard's sister, met Respondent at the Criminal Courts Building, and they went to the seventh floor together. At that time, Respondent saw the undercover law enforcement officer posing as Pollard's sister remove two items from her coat and place the items into an envelope held by Bell, and he saw Bell hand Respondent the envelope and United States currency.

21. One of the items in the envelope that Bell handed to Respondent contained about 10.1 grams of cannabis in clear cellophane, wrapped separately with about 11.3 grams of tobacco. The other item contained about 9.7 grams of cannabis in clear cellophane, wrapped separately with about 11 grams of tobacco. Respondent knew, or should have known, that the envelope contained items of contraband.

22. On January 14, 2009, after receiving the envelope from Bell, Respondent entered the inmate detention area at Courtroom 706 and called out the name of Horris Pollard. At that time, an undercover law enforcement officer was posing as Pollard and was in an isolation cell in the detention area of the courtroom. Respondent handed the envelope that he received from Bell to the undercover law enforcement officer posing as Pollard.

23. At no time did Respondent represent Pollard, and on January 14, 2009, Respondent did not represent any other defendant who had a case pending in Courtroom 706.

24. On January 14, 2009, after Respondent left Courtroom 706, law enforcement agents placed Respondent in custody. At or about that time, Respondent stated "Boy, am I stupid."

25. On February 11, 2009, as a result of the acts described in paragraphs 18 through 24, above, a grand jury, sitting in the Circuit Court of Cook County, Illinois, returned a two-count indictment against Respondent in the matter entitled The People of the State of Illinois vs. Dave E. Compton, case number 09 CR 3167. A copy of the indictment is attached as Exhibit Four.

26. Count One of the indictment in case number 09 CR 3167 charged that on or about January 14, 2009, Respondent committed the offense of bringing contraband into a penal institution in that he knowingly and without authority brought an item of contraband, namely, cannabis, into the Cook County Criminal Court House Courtroom 706 detention area, a penal institution, in violation of Chapter 720, Act 5, Section 31A-1.1(a)(1) of the Illinois Compiled Statutes, 1993, as amended, a Class 3 felony.

27. Counts Two of the indictment in case number 09 CR 3167 charged Respondent with the additional charge of possession of contraband in a penal institution.

28. On November 10, 2009, Respondent pled guilty to, and was found guilty of, Count One of the indictment in case number 09 CR 3167.

29. On November 10, 2009, the Honorable Steven J. Goebel sentenced Respondent to a term of eighteen months probation in case number 09 CR 3167, concurrent with the term of probation imposed by Judge Goebel in case number 09 CR 3166. A copy of the sentencing order in case number 09 CR 3167 is attached as Exhibit Five.

30. As a result of the order of conviction and the conduct described above, Respondent has engaged in the following misconduct:

  1. committing a criminal act (by violating Chapter 720, Act 5, Section 31A-1.1(a)(1)) that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, in violation Rule 8.4(a)(3) of the Illinois Rules of Professional Conduct;

  2. conduct involving dishonesty, fraud, deceit or misrepresentation, in violation of Rule 8.4(a)(4) of the Illinois Rules of Professional Conduct;

  3. conduct which is prejudicial to the administration of justice, in violation of Rule 8.4(a)(5) of the Illinois Rules of Professional Conduct; and

  4. conduct which tends to defeat the administration of justice or to bring the courts or the legal profession into disrepute, in violation of Supreme Court Rule 770.

WHEREFORE, the Administrator requests that a hearing be conducted before a panel of the Hearing Board, and that the panel make findings of fact, conclusions of facts and law, and a recommendation for such discipline as is warranted.

 
Albert S. Krawczyk
Counsel for Administrator
One Prudential Plaza
130 East Randolph Drive, #1500
Chicago, Illinois 60601
Telephone: (312) 565-2600
Facsimile: (312) 565-2320
Respectfully submitted,

Jerome Larkin, Administrator
Attorney Registration and
Disciplinary Commission

By: Albert S. Krawczyk