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

In the Matter of:

TIMOTHY JON ELOE,

Attorney-Respondent, 

No. 6274876.

 

Commission No. 2012PR00025

FILED - April 5, 2012

COMPLAINT

Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission, by his attorney, Scott A. Kozlov, pursuant to Supreme Court Rule 761(c), complains of Respondent, Timothy Jon Eloe, who was licensed to practice law in Illinois on November 8, 2001, 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, and which subjects Respondent to discipline pursuant to Supreme Court Rule 770:

(Criminal convictions for violation of a foreign protection order
and disorderly conduct
)

1. At all times alleged in this complaint, Wisconsin law, at W.S.A. section 813.128(2), provided, in part, that it is a misdemeanor for any person to knowingly violate a condition of a foreign protection order.

2. At all times alleged in this complaint, Wisconsin law, at W.S.A. section 947.01, provided, in part, that it is a misdemeanor for any person, while in a private or public place, to engage in abusive, boisterous, indecent, unreasonably loud, violent, or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.

3. On September 17, 2009, Rebecca Eloe ("Rebecca") filed a petition for the dissolution of her marriage to Respondent in DuPage County case number 09 D 1960, and shortly thereafter, she obtained an ex parte order of protection against Respondent, requiring him to avoid contact with her. On October 8, 2009, with Respondent's agreement, the court in case number 09 D 1960 entered a plenary order of protection against Respondent, requiring him to avoid contact with Rebecca.

4. On October 24, 2009, Rebecca was staying at the Baymont Hotel in Whitewater, Wisconsin to attend an event at the University of Wisconsin-Whitewater. Respondent knew that Rebecca had traveled to Whitewater, and he went to the Baymont Hotel. On that date, while Rebecca was out of her hotel room, Respondent approached the front desk at the Baymont Hotel, told the clerk that he was Rebecca's husband, and obtained a key to Rebecca's room. Respondent then went to Rebecca's hotel room and went into the room without her permission. Later that night, Rebecca returned to her hotel room, and inserted her key to open the door to her room, but it did not work. Rebecca then went to the front desk to inquire about the key, and the clerk told her that the locks had been reprogrammed when a key was given to her husband. Rebecca then called the police to report Respondent's violation of the order of protection referred to in paragraph three, above.

5. On November 18, 2009, the Walworth County, Wisconsin, District Attorney filed a criminal complaint against Respondent, charging him with misdemeanor trespass in connection with his entry into Rebecca's hotel room as referred to in paragraph four, above. The Clerk of the Court docketed the matter as State of Wisconsin v. Eloe, case number 2009CM000616.

6. On August 10, 2010, the Walworth County, Wisconsin, District Attorney filed an amended criminal complaint against Respondent in case number 2009CM000616, charging him with four misdemeanor counts, including criminal trespass, violation of a foreign protection order, disorderly conduct, and entry into a locked room.

7. On December 13, 2010, following a jury trial in case number 2009CM000616, Respondent was found guilty of violation of a foreign protection order in violation of W.S.A. section 813.128(2), and disorderly conduct in violation of W.S.A. section 947.01, and he was acquitted of the remaining charges.

8. On May 23, 2011, the court in case number 2009CM000616 entered a judgment of conviction against Respondent and sentenced him to concurrent sentences of nine months and 90 days incarceration, respectively, for the two misdemeanor counts referred to in paragraph seven, above, with the jail time stayed in both instances in favor of a one year period of probation. Respondent also was ordered to pay $782.40 in court costs.

9. On August 22, 2011, Respondent filed a notice of appeal regarding his conviction in case number 2009CM000616, and the matter was docketed as State of Wisconsin appeal number 2011AP1970. On February 29, 2012, the Wisconsin Appeals Court affirmed Respondent's conviction.

10. At all times alleged in this complaint, Illinois Supreme Court Rule 761(a) required Respondent to report any misdemeanor convictions to the Administrator within 30 days of the entry of the judgment of conviction.

11. At no time prior to June 23, 2011, did Respondent report to the Administrator his May 23, 2011 convictions in Walworth County, Wisconsin in case number 009CM000616.

12. By reason of the conduct described above that occurred on or before December 31, 2009, Respondent has engaged in the following misconduct:

  1. committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects by violating W.S.A. section 813.128(2), W.S.A. section 947.01, and Rule 8.4(a)(3) of the Illinois Rules of Professional Conduct (1990);

  2. conduct involving dishonesty, deceit, fraud, or misrepresentation, in violation of Rule 8.4(a)(4) of the Illinois Rules of Professional Conduct (1990); and

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

  4. conduct which tends to defeat the administration of justice or to bring the courts or the legal profession into disrepute.

13. By reason of the conduct described above that occurred on or after January 1, 2010, Respondent has engaged in the following misconduct:

  1. failure to report a conviction to the Administrator within 30 days of the entry of the judgment of conviction, in violation of Illinois Supreme Court Rule 761(a);

  2. conduct that is prejudicial to the administration of justice, in violation of Rule 8.4(d) of the Illinois Rules of Professional Conduct (2010); and

  3. conduct which tends to defeat the administration of justice or to bring the courts or the legal profession into disrepute.

WHEREFORE, the Administrator respectfully 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.

Scott A. Kozlov
Counsel for the Administrator
One Prudential Plaza
130 East Randolph Drive, Suite 1500
Chicago, Illinois 60601
Telephone: (312) 565-2600
Respectfully submitted,

Jerome Larkin, Administrator
Attorney Registration and
Disciplinary Commission

By:  Scott A. Kozlov