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

In the Matter of:

RICHARD A. VAN KALKER,

Attorney-Respondent, 

No.  6196404.

 

Commission No.   2011PR00091

FILED -  July 27, 2011

COMPLAINT

Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission, by his attorney, Marita C. Sullivan, pursuant to Supreme Court Rules 761 and 753, complains of Respondent, Richard A. Van Kalker, who was licensed to practice law in the State of Illinois on November 5, 1987, 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:

Conviction for battery

1. On or about October 2, 2009, Barry Weiss ("Weiss"), Jeremy Holland ("Holland"), Brendan Donovan ("Donovan") and Raymond Baron ("Baron"), four employees of Northern Indiana Public Service Company, were engaged in a game of golf at Lincoln Oaks Golf Course in Crete, Illinois. At the seventh hole, Baron teed off, but his golf ball went wide and struck Respondent's residence which adjoined the golf course.

2. When Baron retrieved his errant golf ball from Respondent's yard, Respondent came out of his home and approached the foursome. Respondent then punched Weiss on the left side of his face and kicked him, resulting in facial injuries to Weiss and a broken set of eye-glasses.

3. At all times alleged in this complaint there was a criminal statute in Illinois, 720 ILCS 5/12-3, as well as an ordinance in the Village of Crete, 13-1, which outlawed battery. The statute and ordinance state that a person commits battery if he intentionally or knowingly without legal justification and by any means, causes bodily harm to an individual, or makes physical contact of an insulting or provoking nature with an individual.

4. By the actions described in paragraph 2, Respondent intentionally and knowingly, and without legal justification, caused bodily harm to Weiss.

5. When Weiss, Holland, Donovan, and Baron arrived at the clubhouse shortly after the altercation described above, a golf course employee called the Village of Crete Police Department. Crete police officers arrived at the scene, and Weiss signed a complaint prepared by the officers.

6. On October 2, 2009, the Village of Crete filed a complaint prepared by the officers at the scene against Respondent based upon the incident referred to in paragraph two, above. The matter was docketed as Village of Crete v. Richard A. Van Kalker, No. 09 OV 7517, in the Circuit Court of Will County, Illinois. The complaint charged Respondent with committing the offense of battery in violation of Illinois Compiled Statutes, Chapter 720, Act 5, Section 12-3, and Village of Crete Ordinance No. 13-1, in that Respondent knowingly and intentionally caused bodily harm to Weiss by striking Weiss in the face numerous times with his fist.

7. On November 3, 2009, a bench trial took place in the Peotone branch of the Will County Circuit Court. Respondent and Weiss testified at the trial. At the conclusion of the testimony, Judge Raymond A. Nash found Respondent guilty of battery and sentenced him to one year court supervision. Judge Nash also imposed a fine of $750, ordered Respondent to make restitution in the amount of $990 to Weiss for his out-of-pocket expenses, and ordered Respondent to undergo an evaluation for anger management.

8. By reason of the conduct described above, Respondent has engaged in the following misconduct:

  1. committing a criminal act, to wit, battery, in violation of 720 ILCS 5/12-3 and Village of Crete Ordinance No. 13-1, that reflects 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 (1990);

  2. engaging in conduct that is prejudicial to the administration of justice, in violation of Rule 8.4(a)(5) of the Illinois Rules of Professional Conduct (1990); and

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

WHEREFORE, the Administrator respectfully requests that this matter be assigned to a panel of the Hearing Board, that a hearing be held pursuant to Supreme Court Rules 761 and 753, and that the panel make findings of fact, conclusions of fact and law, and a recommendation for such discipline as is warranted.

Marita C. Sullivan
Counsel for the Administrator
130 East Randolph Drive, Suite 1500
Chicago, Illinois 60601-6219
Telephone: (312) 565-2600
Respectfully submitted,

Jerome Larkin, Administrator
Attorney Registration and
Disciplinary Commission

By:   Marita C. Sullivan