BEFORE THE HEARING BOARD

OF THE

ILLINOIS ATTORNEY REGISTRATION

AND

DISCIPLINARY COMMISSION

In the Matter of:

KENNETH D. LABUDDA,

Attorney-Respondent,

No. 6277838.

Commission No. 2020PR00069

FILED --- November 5, 2020

COMPLAINT

Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission, by his attorney, Christine P. Anderson, pursuant to Supreme Court Rules 753 and 761, complains of Respondent, Kenneth D. Labudda, who was licensed to practice law in the State of Illinois on November 7, 2002 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:

COUNT I
(Conviction for Violation of an Order of Protection,
dishonest statements and sending racially offensive text messages
)

1. On October 25, 2018, Respondent's wife, Rosemarie Labudda ("ex-wife"), obtained a judgment of dissolution against Respondent, in the matter entitled, In the Marriage of Rosemarie K. Labudda and Kenneth D. Labudda, 18D39 (Cir. Ct. Lake Co.). Respondent did not answer or appear in the matter and the judgment was entered by default. Pursuant to the judgment, Respondent's ex-wife was awarded sole possession of the marital home in Lake Zurich, Illinois.

2. On December 10, 2018, the Court granted an emergency order of protection against Respondent in Lake County, Illinois, In re Rosemarie Labudda, 18OP2280. In the petition for the order of protection, Respondent's ex-wife alleged that, in violation of the dissolution judgment, Respondent appeared at the marital home and removed various items from the home. She also alleged that Respondent sent her threatening and nasty messages. The order of protection provided that Respondent was prohibited from harassing, interfering with personal liberty, physical violence or stalking of his ex-wife. In addition, Respondent was ordered to have no physical, verbal, written, third party or social media contact with his ex-wife. He was also ordered to stay at least 500 feet away from his ex-wife and the former Lake Zurich marital home.

3. On December 11, 2018, Respondent was personally served with the order of protection in case number 18OP2280.

4. On December 16, 2018, beginning at or about 2:15 p.m., Respondent sent approximately nine text messages of an harassing nature to his ex-wife, in violation of the order of protection in case number 18OP2280.

5. On December 16, 2018, based on the text messages sent to his ex-wife, referenced in paragraph four above, Respondent was arrested for violating the order of protection, in the matter entitled, People of the State of Illinois v. Kenneth Labudda, 18CM3880 (Cir. Ct. Lake Co.).

6. On December 17, 2018, Respondent posted bond in case number 18CM3880 and was released from the Lake County Jail.

7. On December 21, 2018, beginning at approximately 8:49 p.m., Respondent sent the following string of text messages to his ex-wife:

Last Sunday night, I was arrested and sent to jail. While in prison, I was raped. Whatever love we once shared is now gone.

Thank you for making that so.

Four black guys. It was one hell of a party, and my asshole is still bleeding.

Thank you.

And the beautiful cops told them that I was a lawyer who was arrested for violating a Protection Order. Those Niggers really injured me. Good Bye.

I was released from Waukegan, and have been seeking medical treatment for a torn colon.

You have had your revenge, and I am struggling to live.

Just stay away, I will tend to myself.

Larry Sr. needs your attentions.

Fr. Julius told me all about you and your wonderful family. I did not heed his wise words.

I am at death's door. Farewell.

Just took a poop, and the toilet was full of blood. I can barely stand.

I loved you with all of my heart.

1010 N. Sterling Ave., Palatine. Please cremate my body.

An plaze (sic) my Ashesv (sic) in Bless D (sic) ground. I am not well.

Please Baby Girl. I am in Apt. 203, 1010 N. Sterling. I am dreadfully ill.

8. On December 21, 2018, based on the text messages to his ex-wife, referenced in paragraph seven above, Respondent was arrested for a second violation of the order of protection, in the matter entitled, People of the State of Illinois v. Kenneth Labudda, 18CM3447. During his arrest, he advised the arresting officer, Deputy Sean Werchek and Northwest Community Hospital emergency room doctor, Peter Lazzari, that he had been raped in the Lake County Jail the previous weekend when he was arrested on his first violation of the order of protection. Respondent was taken to the hospital by Deputy Werchek because he had claimed to be suffering from chest pains. Respondent was cleared and transferred to the Lake County Jail later that evening.

9. Respondent's statements to his ex-wife, Deputy Werchek and Doctor Lazzari, referenced in paragraphs seven and eight above, that he was raped in the Lake County jail and that the cops advised other inmates that he was a lawyer arrested for violating an order of protection, were false, because Respondent was not raped by four black men, or any other inmate, in the Lake County Jail and the police officers did not advise other inmates that Respondent was a lawyer arrested for violating an order of protection.

10. At the time Respondent made the statements to his ex-wife, Deputy Werchek and Doctor Lazzari, that he was raped in the Lake County Jail and that the cops advised the other inmates that he was a lawyer arrested for violating an order of protection, as described in paragraphs seven and eight, above, he knew that his statements were false.

11. On December 27, 2018, Respondent posted bond in case number 18CM3447 and was released from the Lake County Jail.

12. On December 31, 2018, at approximately 5:45 a.m., in violation of the order of protection in case number 18OP2280, Respondent appeared and entered his former marital home in Lake Zurich. Respondent entered the home through a boarded up window well. After entering the home, Respondent proceeded to remove various items from the home.

13. In the afternoon of December 31, 2018, Respondent travelled to a Walgreens store in Lake Zurich and purchased a bottle of Jack Daniels whiskey. He drank from the bottle of Jack Daniels and then placed the remainder of the open bottle into the glove compartment of his vehicle. He then drove to a home, where he knew his wife was staying with her sister, a few blocks from the Walgreens. As he pulled away from the home where his ex-wife was staying, he was pulled over by Deputy Werchek and arrested for a third violation of the order of protection, in the matter entitled, People of the State of Illinois v. Kenneth Labudda, 19CM112 (Cir. Ct. Lake Co.). At the time of his arrest, Respondent had the open bottle of Jack Daniels in his vehicle and he was also charged with the open transportation of alcohol in the matter entitled, People of the State of Illinois v. Kenneth Labudda, 19TR2 (Cir. Ct. Lake Co.).

14. On January 11, 2019, an Information was filed in case number 19CM112, charging Respondent with a violation of the order of protection by making prohibited contact at the Lake Zurich martial home on December 31, 2018.

15. On February 20, 2019, Respondent pled guilty to violating an order of protection, a Class A misdemeanor, in violation of Chapter 720, Section 5/12-3.4(a)(1) of the Illinois Compiled Statutes, in case number 19CM112. On that date, the Honorable Charles D. Johnson entered a judgment of conviction against Respondent for the crime of violating an order of protection. Judge Johnson sentenced Respondent to 18 months of probation, with 180 days of stayed jail time. As part of the terms of his probation, Respondent was ordered to comply with various conditions, including abstinence from alcohol, submit to random urine screens, and submit to substance abuse and domestic violence evaluation and treatment. Pursuant to Respondent's plea agreement, the State's Attorney dismissed the remaining charges pending against Respondent.

16. On May 29, 2019 and August 11, 2019, petitions to revoke probation were filed against Respondent in case number 19CM112, based on Respondent's continued alcohol usage, positive urine screens for alcohol and failing to report to probation, in violation of the terms of his probation. A warrant was issued for Respondent's arrest on August 21, 2019. On August 26, 2019, Respondent was arrested on the warrant and transferred to the Lake County Jail, where he remained until November 2, 2019.

17. On November 1, 2019, the Honorable Jacquelyn D. Melius found that Respondent violated his probation in case number 19CM112, revoked his probation and sentenced Respondent to serve 240 days in the Lake County Jail, with credit for time served.

18. On November 2, 2019, Respondent was released from the Lake County Jail after receiving credit for serving the entire 240 sentence, with good time, and his case was terminated.

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

  1. committing criminal acts that reflects adversely on his honesty, trustworthiness or fitness as a lawyer in other respects, by engaging in the crimes of violation of an order of protection, in violation of 720 ILCS 5/12-3.4(a)(1), and in violation of Rule 8.4(b) of the Illinois Rules of Professional Conduct;

  2. conduct involving dishonesty, fraud, deceit or misrepresentation, by falsely stating to his ex-wife that he was raped by "four black guys" in the Lake County Jail and that the cops advised other inmates that he was a lawyer arrested for violating an order of protection, and by falsely stating to Deputy Werchek and Doctor Lazzari that he was raped in the Lake County Jail, in violation of Rule 8.4(c) of the Illinois Rules of Professional Conduct; and

  3. engaging in conduct that is prejudicial to the administration of justice, in violation of Rule 8.4(d) of the Rules of Professional Conduct, by virtue of Respondent having sent text messages to his ex-wife containing racially offensive language, as described in paragraph 7, above.

COUNT II
(Failure to report his conviction pursuant to Supreme Court Rule 761)

1-19. The Administrator realleges the facts set forth in paragraphs one through 19, above.

20. Supreme Court Rule 761(a) provides that it is the duty of an attorney admitted in this state who is convicted in any court of a felony or misdemeanor to notify the Administrator of the conviction in writing within thirty days of the entry of the judgment of conviction.

21. A conviction for violation of an order of protection, in violation of Chapter 720, Section 5/12-3.4(a)(1) of the Illinois Compiled Statutes, is a Class A misdemeanor.

22. Pursuant to Supreme Court Rule 761(a), Respondent was required to notify the Administrator of his conviction on or before March 22, 2019.

23. At no time did Respondent notify the Administrator of his misdemeanor conviction in case number 19CM112 as required by Supreme Court Rule 761(a).

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

  1. failing to notify the Administrator of his conviction in writing within 30 days after the entry of the judgment of conviction in violation of Supreme Court Rule 761(a).

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 Rule 761, and that the panel make findings of fact, conclusions of fact and law, and a recommendation for such discipline as is warranted.

Christine Anderson
Counsel for Administrator
One Prudential Plaza
130 East Randolph Drive, #1500
Chicago, Illinois 60601
Telephone: (312) 540-5211
Facsimile: (312) 565-2320
E-mail: canderson@iardc.org
Email: ARDCeService@iardc.org

Respectfully submitted,

Jerome Larkin, Administrator
Attorney Registration and
Disciplinary Commission

By:  /s/Christine P. Anderson
Christine P. Anderson