BEFORE THE HEARING BOARD
ILLINOIS ATTORNEY REGISTRATION
In the Matter of:
Commission No. 2011PR00046
FILED - May 19, 2011
Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission, by his attorney, Christine P. Anderson, pursuant to Supreme Court Rules 753(b) and 761(c), complains of Respondent, Kenneth Gurber, who was licensed to practice law in the State of Illinois on October 30, 1973, and alleges that Respondent has engaged in the following conduct which tends to defeat the administration of justice or to bring the courts or the legal profession into disrepute:
(Misdemeanor conviction for disorderly conduct)
1. At all times relevant in this complaint, Respondent was a resident at Harbor Point Condominiums ("Harbor Point"), in Chicago, Illinois.
2. On October 23, 2009, while seven teenaged girls were in the Harbor Point whirlpool, Respondent was sitting on a chair in the pool deck area wearing only a robe and exposing his genitals to the girls. One of the girls' mothers, Pamela Walsh ("Walsh"), a resident of Harbor Point, reported Respondent to the condominium's personnel.
3. On October 24, 2009, while Kim Sliteris ("Sliteris"), a resident of Harbor Point, and her six and 12-year-old nieces and the neice's 12-year-old friend were in the Harbor Point whirlpool, Respondent was sitting on a chair in the pool deck area wearing only a robe and exposing his genitals to her and the girls. Sliteris reported Respondent to the Harbor Point condominium's personnel.
4. On October 24, 2009, Walsh filed a report with the Chicago Police Department regarding the incident described in paragraph two, above.
5. On November 3, 2009, Respondent was arrested and charged with seven counts of public indecency, Class A misdemeanors, in violation of 720 ILCS 5/11-9(A)(2).
6. On November 5, 2009, the Office of the Cook County State's Attorney filed a seven-count complaint charging Respondent with public indecency, in violation of 720 ILCS 5/11-9(A)(2). The matter was docketed as People of the State of Illinois v. Kenneth Gurber, case no. 09MC1-280020 (Circuit Court of Cook County).
7. On September 16, 2010, the Cook County State's Attorney amended its complaint in case no. 09MC1-280020 by charging Respondent with seven counts of disorderly conduct, Class C misdemeanors, in violation of 720 ILCS 5/26-1, in addition to the original seven counts of public indecency. The new counts of the complaint alleged that Respondent exposed his penis in such a manner as to alarm or disturb the seven teenaged girls and to provoke a breach of the peace.
8. On October 20, 2010, the State agreed to nolle prosse Counts one through seven and nine through 14 of the complaint and proceeded to a stipulated bench trial on one count of disorderly conduct, relating to Walsh's daughter, in case no. 09MC1-280020. The parties stipulated to the victim's testimony.
9. On October 20, 2010, the Honorable Marvin Luckman found Respondent guilty of disorderly conduct and sentenced Respondent to a term of two years reporting supervision. In addition, the Court ordered that Respondent have no unlawful contact with any member of the Walsh family or the six other complainants in case no. 09MC1-280020. Respondent was further ordered to pay fess and costs totaling $240.
10. By reason of the conduct outlined above, Respondent has engaged in the following misconduct:
committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects in violation of Rule 8.4(b) of the Illinois Rules of Professional Conduct;
conduct prejudicial to the administration of justice in violation of Rule 8.4(d) of the 1990 Illinois Rules of Professional Conduct; and
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 this case be assigned to a panel of the Hearing Board, that a hearing be conducted, that the panel make findings of fact and conclusions of fact and law and a recommendation for such discipline as is warranted.
Christine P. Anderson