Filed November 18, 2020

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

In the Matter of:

MICHAEL JEROME MOORE,

Attorney-Respondent,

No. 6194325.

Commission No. 2020PR00017

REPORT AND RECOMMENDATION OF THE HEARING BOARD

DEFAULT PROCEEDING

The hearing in this matter was held on October 26, 2020, before a Hearing Board Panel consisting of Brigid A. Duffield, Chair, Nicole C. Mueller, and Gerald M. Crimmins. The hearing was conducted by video conference. Michael Rusch and Melissa A. Smart appeared on behalf of the Administrator. Respondent did not appear for the video conference or otherwise participate in the hearing, and no counsel appeared on his behalf. At the conclusion of the Administrator's presentation, Counsel for the Administrator recommended that Respondent be suspended for one year and until further order of the Court. We agree with the Administrator's recommendation.

We have considered the Administrator's one-count Complaint, a copy of which is attached as Exhibit 1. We have also considered the Order entered on October 2, 2020, deeming the allegations of the Complaint admitted, a copy of which is attached as Exhibit 2.

Respondent filed an Amended Answer, which was stricken for failure to comply with Commission Rule 233. He did not timely file a second amended answer. On August 26, 2020, he filed a motion, without notice to the Administrator, seeking additional time to file an amended answer. The Chair denied Respondent's motion.

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Respondent pled guilty to the aggravated battery of his neighbor, Avon Howard-White, a person 60 years of age or older. He made false statements regarding his conduct to the investigating detective. He was sentenced to two years of probation, which included completing a drug/alcohol evaluation and treatment recommendation.

In aggravation, the Panel considered that Respondent has been disciplined previously. He was suspended for sixty (60) days in 2017 for neglecting a criminal appeal and leaving derogatory, threatening, and racially offensive voicemail messages for third parties. In re Michael Jerome Moore, M.R. 028896, 2015PR0076 (September 22, 2017). We also consider in aggravation Respondent's lack of cooperation and participation in this proceeding. While Respondent participated in the first pre-hearing conference and filed pleadings in this matter, his behavior overall was uncooperative. He was unwilling to file an answer that conformed to the requirements of Commission Rule 233, he did not appear for his scheduled deposition, nor did he appear for his disciplinary hearing.

Accordingly,

  1. Respondent agreed to accept service by email and was served with the Complaint on May 5, 2020. A copy of the Affidavit of Agreed Service is attached as Exhibit 3.

  2. The allegations of the Complaint were deemed admitted in an Order entered on October 2, 2020. A copy of that Order is attached as Exhibit 2.

  3. In consideration of the Order deeming the allegations of the Complaint admitted, this Panel finds Respondent committed the misconduct charged in the Complaint.

  4. Given Respondent's misconduct, the aggravating factors present and the case law cited by the Administrator, we recommend that Respondent, Michael Jerome Moore, be suspended for one year and until further order of the Court.

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  1. The Panel has concluded this report format will adequately and appropriately communicate its recommendation to the Court.

Respectfully Submitted,

Brigid A. Duffield
Nicole C. Mueller
Gerald M. Crimmins

CERTIFICATION

I, Kenneth G. Jablonski, Clerk of the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois and keeper of the records, hereby certifies that the foregoing is a true copy of the Report and Recommendation of the Hearing Board, approved by each Panel member, entered in the above entitled cause of record filed in my office on November 18, 2020.

Kenneth G. Jablonski, Clerk of the
Attorney Registration and Disciplinary
Commission of the Supreme Court of Illinois