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Illinois Supreme Court

  • September 22, 2010 | Practice News
    Illinois Supreme Court disbars 11, suspends 39
    The Illinois Supreme Court has announced the filing of disciplinary orders involving a number of licensed lawyers. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law. More information on each case is available at the ARDC website.

    DISBARRED

    • William Charles Chesbrough, Elgin
    Mr. Chesbrough, who was licensed in 1980, was disbarred. He misappropriated more than $113,000 that he was holding for a client in connection with the client’s deceased mother’s estate. In addition, in two separate real estate matters, he converted more than $28,000 that he was holding either as earnest money or to pay real estate taxes.
    • Alan Samuel Cohen, St. Louis
    Mr. Cohen was licensed in Missouri in 1992 and in Illinois in 1993. He was disbarred in Missouri for failing to maintain a client trust account and for using client and third party funds to pay office and personal expenses. The Illinois Supreme Court imposed reciprocal discipline and disbarred him.
    • Joseph Patrick Collins, Chicago
    Mr. Collins, who was licensed in 1975, was disbarred on consent. He was convicted in federal court of conspiracy, securities fraud and wire fraud. The conviction was based on his conduct while serving as outside counsel for Refco Inc., a commodities brokerage firm. Mr. Collins participated with others in an eight-year scheme to hide the company’s financial situation by making false and fraudulent statements to various parties, including banks, auditors, investors and the Securities Exchange Commission.
    • C. Wayne K. Davis, St. Louis
    Mr. Davis was licensed in Missouri in 1996 and in Illinois in 1999. He was disbarred in Missouri after a felony conviction. He misappropriated at least $25,000.00 from his employer, the Edward Jones Company. The Illinois Supreme Court imposed reciprocal discipline and disbarred him.
    • Kelly Christine Garland, Chicago
    Ms. Garland, who was licensed in 2002, was disbarred on consent. She falsified court orders and an affidavit in five different domestic relations matters in order to conceal from her clients the true status of their cases.
    • Thaddeus James Hunt, Chicago
    Mr. Hunt, who was licensed in 2002, was disbarred. He misappropriated $10,274.67 in client funds, neglected seven client matters, failed to communicate with clients and abandoned his law practice.
    • Brainerd William LaTourette III, St. Louis
    Mr. LaTourette was licensed in Missouri in 1982 and in Illinois in 1983. He was disbarred in Missouri for failing to perform his duties as trustee for a family trust, disobeying a court order, engaging in the unauthorized practice of law, and failing to participate in disciplinary proceedings against him. The Illinois Supreme Court imposed reciprocal discipline and disbarred him.
    • James A. Reskin, Louisville, Ky.
    Mr. Reskin, who was licensed in Illinois in 1982, was disbarred on consent. He was convicted in the United States District Court for the Northern District of Oklahoma on charges of obstructing a criminal investigation by making false and misleading statements to the Internal Revenue Service and the United States Department of Justice.
    • Kenneth Alan Runes, Mount Prospect
    Mr. Runes, who was licensed in 1991, was disbarred. He misappropriated over $13,000 in client funds, neglected numerous client matters, failed to communicate with clients, failed to refund unearned fees, and did not cooperate with the ARDC investigation. Mr. Runes did not participate in his disciplinary hearing. He failed to participate in his disciplinary proceeding.
    • Lawrence Scott Wick, Ft. Walton Beach, Fla.
    Mr. Wick, who was licensed in Illinois in 1971, was disbarred. He billed more than $1 million to two corporate clients for work that he had never performed.
    • Bradford Thomas Yaker, Bingham Farms, Mich.
    Mr. Yaker was licensed in Illinois in 1988 and in Michigan in 1995. He was disbarred in Michigan for repeatedly representing to a client that he had filed a securities claim for the client when he had not done so. In addition, he falsely informed the client that he had reached a settlement in the matter and provided the client with a fictitious settlement agreement providing for a $30,000 payment. The Illinois Supreme Court imposed reciprocal discipline and disbarred him.
  • September 16, 2010 | Practice News
    Otwell appointed associate judge in 7th Circuit
    The Administrative Office of the Illinois Courts, announced today that Brian T. Otwell, received a majority of the votes cast by the circuit judges in the Seventh Judicial Circuit and is declared to be appointed to the office of associate judge. Mr. Otwell received his undergraduate degree in 1980 from the Illinois State University in Normal and his Juris Doctor in 1984 from the Southern Illinois University in Carbondale. Mr. Otwell is currently affiliated with the Sangamon County Public Defender’s Office in Springfield.
  • September 16, 2010 | Practice News
    Thomas L. Kilbride elected Chief Justice of Illinois Supreme Court
    [caption id="attachment_14606" align="alignright" width="150" caption="Justice Thomas L. Kilbride"][/caption] The Illinois Supreme Court announced Thursday it has unanimously elected Justice Thomas L. Kilbride as Chief Justice, effective October 26, 2010, to succeed Chief Justice Thomas R. Fitzgerald, who has announced his retirement for health reasons. Justice Kilbride’s tenure as Chief will run through October 25, 2013. “I am exceedingly honored and humbled by my colleagues’ selection of me as Chief Justice,” Justice Kilbride said. “I regret deeply that my friend Chief Justice Fitzgerald will not be able to complete his term as Chief, but I have learned much from his example of dignity, grace and leadership. I will miss his continued guidance and friendship.” “Fortunately, I can continue to draw on the example that my colleagues Charles Freeman and Bob Thomas have set before me as Chief, and I welcome and deeply appreciate the confidence they and each member of the Court has placed in me by this honor.” Chief Justice Fitzgerald announced earlier this week that he was retiring, effective October 25, for health reasons. Justice Kilbride, 57, was elected to the Supreme Court from the Third Judicial District in 2000, the same year Chief Justice Fitzgerald and Justice Thomas were elected to the Supreme Court. Justice Kilbride is known as a common man in an uncommon position who took an unusual path to reach the top of his profession. As the only member of the seven justices who had not served as a judge before, he brings a rare perspective to the Court. He had been a practitioner for nearly 20 years, first as a legal services attorney for the poor, then for a mid-sized law firm and as a solo practitioner in a storefront office. Throughout all of those years, he was continuously involved in volunteer service in the Rock Island area. “Justice Kilbride is a good and decent man, and will make a wonderful Chief Justice,” said retiring Chief Justice Fitzgerald. “He’s hard-working, thoughtful and highly capable.” In another Order filed on Thursday, the Supreme Court named Justice Rita B. Garman as a member of the Illinois Courts Commission to replace Justice Kilbride when he becomes Chief. Justice Kilbride grew up in Kankakee, received his B.A. degree magna cum laude from Saint Mary’s College in 1978; and his law degree from Antioch School of Law in Washington D.C. in 1981. While in law school, Justice Kilbride completed judicial internships for the administrative assistant to the Chief Justice (Warren Burger) of the United States Supreme Court and for U.S. District Court Judge Joyce Hens Green. As a member of the Court, he was the moving voice behind the formation of a special committee to study and make recommendations on how to encourage every practicing attorney in the state to give some form of free legal work to those who cannot afford it.
  • September 14, 2010 | Practice News
    Illinois Supreme Court Chief Justice Fitzgerald stepping down, names Theis as his replacement
    Illinois Supreme Court Chief Justice Thomas Fitzgerald announced Monday that he has Parkinson's disease and will retire effective Oct. 25. “I didn’t want to do anything to hurt the Court or the people it serves,” he said. “Right now, I’m fully capable of discharging its duties. I don’t know how much longer that will be true.” Fitzgerald recommended Appellate Court Justice and ISBA Board member Mary Jane Theis as his replacement and she was appointed by the high court. Justice Theis will serve an interim term of a little more than two years and the seat will be up for election in 2012. She has been a member of the Appellate Court in Cook County since 1993, and a judge since 1983. Read the Illinois Supreme Court release on Chief Justice Fitzgerald's retirement. Read more in the Chicago Sun-Times and Chicago Tribune.
  • September 9, 2010 | Practice News
    Barsanti appointed circuit judge in 16th
    The Illinois Supreme Court has appointed Kane County State’s Attorney John A. Barsanti as a Circuit Court Judge in the 16th Judicial Circuit to fill the vacancy created by the retirement of Judge Michael J. Colwell. The appointment is effective December 1, 2010 and terminates December 3, 2012. Mr. Barsanti, elected as state’s attorney in 2004 and re-elected in 2008, has a total of 27 years as a prosecutor dating to 1979, two years after law school, when he first joined the office. Mr. Barsanti received his Bachelor of Science degree from Carroll College and his juris doctorate from Kent College of Law in Chicago in 1977. He worked for two years in the Illinois Department of Labor before joining the state’s attorneys office. He also worked for the Illinois Appellate Prosecutor’s Office from 2000 to 2004. Mr. Barsanti is a member of the Capital Litigation Bar -- qualified to try death penalty cases --and was appointed to the Capital Litigation Screening Committee by the Administrative Office of the Illinois Courts. He is a member of the Kane County Bar Association, and has been a criminal law instructor at Waubonsee Community College and has served as a faculty member at training seminars for the State Appellate Prosecutor’s Office. He was born and raised in Cicero, and has been a resident of Kane County since 1972. He is married, and the couple has four children.
  • September 1, 2010 | Practice News
    McGlynn appointed in 12th Judicial Circuit
    The Illinois Supreme Court on Wednesday appointed Stephen P. McGlynn as Circuit Judge at large in the Twentieth Judicial Circuit. Mr. McGlynn, who had served before by appointment on the Fifth District Appellate Court, will fill the Circuit vacancy created by the resignation of Judge Michael O’ Malley. The appointment will take effect September 17 and will terminate December 3, 2012. Supreme Court Justice Lloyd A. Karmeier recommended Mr. McGlynn’s appointment after an application process which included review by a specially selected screening committee and interviews by Justice Karmeier of three finalists. Nineteen persons applied for the position, one withdrew and the remaining applicants were screened by the six-person committee who presented Justice Karmeier with the names of the three finalists. “I want to thank the Supreme Court and Justice Karmeier for the confidence they have placed in me, and the bipartisan selection committee that did its job in evaluating a number of very good people who applied,” said Mr. McGlynn. “I really enjoyed my prior tenure on the bench, and I’m very honored because I know that a judge can do a lot of good things, and it’s a marvelous way to serve my community.”
  • September 1, 2010 | Practice News
    Schmidt appointed to 7th Circuit vacancy
    The Illinois Supreme Court announced Wednesday that Sangamon County State’s Attorney John P. Schmidt has been appointed a circuit judge at-large in the Seventh Judicial Circuit. Mr. Schmidt was appointed to fill the Circuit Court vacancy created by the appointment of Judge Thomas Appleton to the Fourth District Appellate Court. The appointment is effective October 1, 2010 and will expire December 3, 2012. Justice Rita B. Garman recommended the appointment of Mr. Schmidt after a review process by a special citizen screening committee. The committee unanimously recommended Mr. Schmidt’s appointment to Justice Garman to fill the vacancy. Mr. Schmidt graduated from Western Illinois University in 1987 with a B.S. degree in History. He received his juris doctor degree from University of Tulsa in 1990. Before his appointment to the bench, Mr. Schmidt served as special assistant U.S. attorney from 1990-1992; he was responsible for prosecution of federal law violations, advising federal law enforcement agencies and preparing briefs for the Seventh Circuit Court of Appeals. From 1992-1995, he served as Sangamon County assistant state’s attorney. While there, he prosecuted various types of traffic, misdemeanor and felony cases. Subsequently, Mr. Schmidt served as first assistant state’s attorney for four years until his appointment as Sangamon County State’s Attorney in 1999. He has since won election to that position three times, most recently in 2008. Mr. Schmidt has served as member of the board of directors, treasurer and president of the Mental Health Centers of Central Illinois and as chairman of the Sangamon Child Advocacy Center. A resident of Springfield, Mr. Schmidt is married with one child.
  • August 31, 2010 | Practice News
    Cook appointed resident circuit judge in St. Clair County
    The Illinois Supreme Court on Tuesday appointed Associate Judge Michael N. Cook to fill the Circuit Court vacancy created by the retirement of Judge Annette A. Eckert, resident Circuit Judge of St. Clair County in the Twentieth Judicial Circuit. The appointment, made upon the recommendation of Justice Lloyd A. Karmeier, is effective October 1, 2010. Judge Cook has served as an associate judge since 2007. Prior to his appointment to the bench, he served as an associate with the Belleville law firm of Cook, Ysursa, Bartholomew, Brauer & Shevlin; he was also an assistant public defender for St. Clair County. Judge Cook graduated in 1999 with a juris doctor degree from the University of Tulsa. While there, he served on the Board of Advocates and in the Elder Law Legal Clinic. He graduated in 1994 with a bachelor of science degree in anthropology from Southern Illinois University-Edwardsville. His is a member of the St. Clair County Bar Association and currently serves as its first vice-president. In addition, Judge Cook also serves as chairman of the paralegal scholarship program at Southwestern Illinois College. Judge Cook is the only candidate seeking to succeed Judge Eckert, and will be unopposed on the November ballot.
  • August 31, 2010 | Practice News
    Propes appointed Circuit Judge of Cook County
    The Illinois Supreme Court has appointed Lorna E. Propes as a Circuit Judge of Cook County, Seventh Subcircuit. This appointment is effective Sept. 10, 2010, and terminates on Dec. 3, 2012. This fills the vacancy created by the retirement of the Hon. Lawrence W. Terrell.
  • August 27, 2010 | Practice News
    Justice Garman announces screening committee to fill vacancy in 11th Circuit
    Illinois Supreme Court Justice Rita B. Garman announced Friday the formation of a judicial screening committee to help fill a vacancy in the Eleventh Judicial Circuit. Justice Garman established the screening committee to assess the qualifications of those persons who have applied for appointment to the Circuit Court vacancy created by the upcoming retirement of Judge G. Michael Prall on Nov. 2, 2010. Under the Illinois Constitution, the vacancy will be filled by Supreme Court appointment. After the committee has received public input, gathered information and interviewed each of the applicants, it will report its findings to Justice Garman, who will make a recommendation to the Supreme Court from among those applicants submitting their credentials to the committee. The person appointed will serve until the position is filled by General Election in November 2012.