Public-domain · open source
OpenJurist

188 Ill. 2d 423

721 N.E.2d 1126

In Re Howard

Illinois Supreme Court

Decided December 2, 1999

Illinois Supreme Court · decided 1999-12-02

Cited by 28 later decisions — most recently June 2015 · most notably 219 Ill. 2d 526 - In Re Winthrop (2006), In Re Dennis E. CARLSON, Debtor-Appellant (2001)

4 federal appellate · 11 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1999-12-02

View the full empirical analysis of this case →

JUSTICE MILLER,

¶1dissenting:

¶2I do not agree with the majority’s conclusion that a two-year suspension is the appropriate sanction in this case. In my view, the respondent should be disbarred.

¶3Regarding the misconduct involved in this proceeding, the record reveals that the respondent, during a prior suspension imposed by this court, met with clients, accepted money from them, and offered them legal advice. Separately, the respondent made a false statement on a petition seeking admission pro hac vice in a criminal matter before a federal court in Alaska, later neglected the defendant’s appeal in that case, and refused to return the defendant’s fee.

¶4The respondent’s history of misconduct includes the suspension previously imposed by this court, which arose from the respondent’s neglect of two clients’ claims, his failure to promptly refund client fees, and his conversion of client funds. In addition, the United States Court of Appeals for the Seventh Circuit suspended the respondent from practicing before that court for his neglect of criminal appeals. The respondent also received a reprimand from the Review Board based on the federal court suspension and his neglect of another criminal case.

¶5The respondent’s record of misconduct in this case and in prior matters warrants a more severe sanction than the two-year suspension imposed by the majority. Because of the respondent’s history of sanctions and misconduct, I believe that disbarment is appropriate here.

¶6JUSTICE HEIPLE joins in this dissent.

/188/ill2d/423 · .json · Public domain