In Re Bell

588 N.E.2d 1093, 147 Ill. 2d 15, 167 Ill. Dec. 963, 1992 Ill. LEXIS 7
CourtIllinois Supreme Court
DecidedJanuary 23, 1992
Docket71175
StatusPublished
Cited by15 cases

This text of 588 N.E.2d 1093 (In Re Bell) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Bell, 588 N.E.2d 1093, 147 Ill. 2d 15, 167 Ill. Dec. 963, 1992 Ill. LEXIS 7 (Ill. 1992).

Opinion

JUSTICE BILANDIC

delivered the opinion of the court:

On June 15, 1988, the Administrator of the Attorney Registration and Disciplinary Commission (hereinafter ARDC) instituted a disciplinary action against respondent, James Bernard Bell, by filing a 17-count complaint before the ARDC Hearing Board (hereinafter Hearing Board). The complaint alleged that respondent, in violation of numerous provisions of the Illinois Code of Professional Responsibility (hereinafter Code), had: (a) been convicted in Federal court of making false statements to influence a bank; (b) filed a false affidavit before the Supreme .Court of Tennessee; (c) neglected the cases of seven clients; and (d) given false letters and sworn statements to the ARDC in response to its inquiries.

On November 22, 1988, the Administrator filed a request to admit facts and genuineness of documents, to which respondent failed to respond. (107 Ill. 2d R. 216.) The Hearing Board granted the Administrator’s motion September 15, 1989, thereby establishing the facts set forth in the Administrator’s complaint as true and the Administrator’s documentary evidence as genuine. After conducting a hearing on the Administrator’s complaint against respondent, the Hearing Board issued its report and recommendation on September 15, 1989. It found that the Administrator had sustained his burden of proving the allegations of counts I through X, XII, XIII and XV by clear and convincing evidence. The Hearing Board recommended that respondent be disbarred. 107 Ill. 2d R. 753(c)(3).

On November 15, 1989, respondent filed exceptions to the Hearing Board’s report and recommendation with the ARDC Review Board. (107 Ill. 2d R. 753(e)(1).) Respondent failed to comply with the Review Board’s briefing schedule, which resulted in the Review Board’s rendering its determination without the benefit of respondent’s brief. On June 8, 1990, the Review Board adopted the Hearing Board’s findings of fact and conclusion of law, recommending that respondent be disbarred. 107 Ill. 2d R. 753(e)(4).

On June 28, 1990, respondent moved this court to allow his exceptions to the Hearing Board’s report to stand as his exceptions to the Review Board’s report. (107 Ill. 2d R. 753(e)(5).) We allowed respondent’s motion. Respondent also failed to comply with our briefing schedule, requesting three successive extensions in which to file his brief. On July 15, 1991, this court ultimately accepted respondent’s brief instanter.

Respondent presents the following issues for review by this court: (1) whether this court’s discharge of the Rule 761 proceedings against respondent precludes the Administrator from filing a complaint based on respondent’s misconduct which led to his indictment and convictions; (2) whether the Administrator has jurisdiction to file a complaint based on the same misconduct; (3) whether application of the Code to misconduct engaged in prior to the Code’s effective date violates the constitutional prohibition against ex post facto laws; (4) whether the Hearing and Review Boards erred in finding that the Administrator had proven 13 counts of the complaint by clear and convincing evidence; (5) whether the Hearing Board erred in denying respondent’s motion for a continuance; and (6) whether the recommended sanction is appropriate.

While not dispositive of the merits of this action, we feel compelled to note that respondent neglected and engaged in dilatory tactics throughout his own disciplinary proceedings. Most telling is the fact that respondent failed to appear on the second day of the hearing before the Hearing Board. As a result, respondent offered no evidence or testimony to controvert the allegations of the Administrator’s complaint. We note that the Hearing Board also allowed the Administrator’s motion to admit the facts set forth in his complaint and the genuineness of his documentary evidence. Thus, the Administrator’s case against respondent stands completely unrebutted. We turn now to a detailed review of the Administrator’s case.

I

A. Bank Applications/Federal Convictions

On December 11, 1979, respondent was charged by indictment, in the United States District Court for the Middle District of Tennessee, with five counts of knowingly making false statements to influence a bank. (18 U.S.C. §1014 (1988).) Each count of the indictment related to separate conduct involving five different banks. On March 27, 1980, respondent pled guilty to counts I and IV of the indictment and counts II, III and V were dismissed pursuant to respondent’s plea agreement.

Count I of the Administrator’s complaint is based on the conduct alleged in the two counts of the indictment to which respondent pled guilty. Counts II through IV of the Administrator’s complaint are based on the remaining three counts of the indictment, which were dismissed.

The Administrator presented certified copies of the following documentary evidence to the Hearing Board to support counts I through V of his complaint against respondent: respondent’s Federal indictment, respondent’s “Petition to Enter Plea of Guilty,” the “Judgment and Probation/Commitment Order,” and an “Exhibit in Furtherance of Rule 11(f), Federal Rule of Criminal Procedure” prepared by the United States Attorney for the Middle District of Tennessee. This Rule 11(f) exhibit was prepared during the investigation which led to respondent’s indictment, and attached to it are photostatic copies of the personal financial statements that respondent furnished to the various banking institutions delineated in the indictment.

On January 26, 1987, the ARDC initiated Supreme Court Rule 761 proceedings (107 Ill. 2d R. 761) against respondent based on his Federal convictions. (In re Bell, No. M.R. 4217.) Pursuant to Rule 761, if an attorney is convicted of a crime involving moral turpitude, the Administrator must petition this court to suspend the attorney from the practice of law until further order. (107 Ill. 2d R. 761(b).) Whether to temporarily suspend the attorney pursuant to Rule 761 is a matter of discretion. (107 Ill. 2d R. 761(b).) On February 12, 1987, this court issued a rule to show cause why respondent should not be suspended from the practice of law until further order pursuant to Rule 761. (107 Ill. 2d R. 761.) Respondent answered and this court discharged the rule to show cause on July 15,1987.

B. False Affidavit

Respondent was admitted to practice law in Illinois on August 13, 1979. Due to respondent’s Federal convictions, on June 16, 1980, the Supreme Court of Tennessee suspended him from practicing law in Tennessee for a period of five years. Pursuant to this order, the Supreme Court of Tennessee required respondent to file an affidavit listing all jurisdictions where he was admitted to practice law. Respondent’s May 14, 1980, affidavit failed to disclose that respondent was admitted to practice law in Illinois. Respondent failed to disclose the falsity of his affidavit to the Supreme Court of Tennessee and likewise failed to disclose his convictions to this court as required by Supreme Court Rule 761(a) (107 Ill. 2d R. 761(a)).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Salem v. Larkin
N.D. Illinois, 2022
In Re Howard
721 N.E.2d 1126 (Illinois Supreme Court, 1999)
In Re Ingersoll
710 N.E.2d 390 (Illinois Supreme Court, 1999)
Podolsky & Associates v. Discipio
Appellate Court of Illinois, 1998
Podolsky and Associates LP v. Discipio
697 N.E.2d 840 (Appellate Court of Illinois, 1998)
Department of Corrections Ex Rel. People v. Adams
663 N.E.2d 1145 (Appellate Court of Illinois, 1996)
Statewide Grievance Committee v. Griffin, No. Cv 95 0550341 (Apr. 12, 1996)
1996 Conn. Super. Ct. 3352 (Connecticut Superior Court, 1996)
James B. Bell v. Justice Michael A. Bilandic
47 F.3d 1173 (Seventh Circuit, 1995)
In Re Chandler
641 N.E.2d 473 (Illinois Supreme Court, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
588 N.E.2d 1093, 147 Ill. 2d 15, 167 Ill. Dec. 963, 1992 Ill. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bell-ill-1992.