In Re Childress

561 N.E.2d 614, 138 Ill. 2d 87, 149 Ill. Dec. 244, 1990 Ill. LEXIS 92
CourtIllinois Supreme Court
DecidedSeptember 26, 1990
DocketM.R. 6289
StatusPublished
Cited by9 cases

This text of 561 N.E.2d 614 (In Re Childress) 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 Childress, 561 N.E.2d 614, 138 Ill. 2d 87, 149 Ill. Dec. 244, 1990 Ill. LEXIS 92 (Ill. 1990).

Opinion

JUSTICE MILLER

delivered the opinion of the court:

Following an investigation and hearing, the Committee on Character and Fitness for the First Judicial District refused to certify to the State Board of Law Examiners that petitioner, James Stevenson Childress, possessed good moral character and general fitness to practice law. Childress has filed with this court a petition requesting relief from the committee’s adverse decision. (See 113 Ill. 2d R 708(d).) We deny the petition.

In 1973 petitioner, who was then 16 years old, pleaded guilty in the circuit court of Cook County to charges of rape and robbery and was sentenced to an indeterminate term of four to six years’ imprisonment. Petitioner was released from prison in 1977. Following a period of military service, petitioner entered Chicago State University in 1983 and completed the course work required for a bachelor of arts degree two years later. In August 1985 petitioner enrolled as a student at the Southern University Law Center, in Baton Rouge, Louisiana.

Petitioner graduated from law school in May 1989. Shortly before his graduation, he submitted to the State Board of Law Examiners an application requesting permission to take the Illinois bar examination scheduled for July of that year. Under our rules, an applicant such as petitioner who has previously been convicted of a felony must obtain certification of his good moral character and general fitness to practice law before he will be allowed to take the examination. (See 113 Ill. 2d R. 704(b).) The present matter was therefore assigned to an inquiry panel of the Committee on Character and Fitness for the First Judicial District, where petitioner resided. After considering petitioner’s application, the inquiry panel declined to provide the required certification.

In accordance with the committee’s rules, petitioner’s application was then referred to a seven-member hearing panel. After an evidentiary hearing, the panel recommended, by a five to two vote, that petitioner’s application for admission to the bar be denied. The full committee later adopted the hearing panel’s recommendation. Following that action, the committee filed with the State Board of Law Examiners a four-page report of its findings and conclusions. (See 113 Ill. 2d R. 708(c).) Of primary concern to the committee were petitioner’s criminal record and petitioner’s lack of candor in two application forms he submitted to the Southern University law school. The committee concluded in its report that petitioner had not been sufficiently rehabilitated and accordingly declined to certify him for admission to the bar of this State.

Petitioner filed with this court the present challenge to the committee’s decision. (See 113 Ill. 2d R. 708(d).) We directed the parties to submit briefs and oral argument on the matter.

The evidence introduced before the hearing panel was, in the main, undisputed. Petitioner was born in Chicago on August 30, 1956, and resided there throughout his youth. Petitioner’s parents were divorced when he was five years old. In the following years, petitioner lived first with his mother, then with his father, and later with his maternal grandparents. In August 1970, petitioner enlisted in the United States Army, misrepresenting his age to do so. Though petitioner remained in contact with his mother, he did not inform her of his enlistment or station. Petitioner’s mother eventually learned that he was in the service, and she was able to secure his release. Petitioner was honorably discharged from the military in March 1971, and he then returned to Chicago. During the next two years petitioner lived without parental supervision. As a minor, petitioner was charged in about a dozen different delinquency proceedings. With one exception, discussed below, all the cases were stricken or dismissed.

On March 13, 1973, petitioner committed the rape and robbery that resulted in his incarceration. Before the hearing panel, petitioner testified that he followed the victim into an apartment building and committed the offenses in an elevator there. Several weeks after the attack, the victim identified petitioner as the assailant. Petitioner was initially charged as a juvenile, but the matter was later transferred to the adult docket. In December 1973, petitioner pleaded guilty to charges of rape and robbery and was sentenced to an indeterminate term of four to six years’ imprisonment. Petitioner was paroled from prison in July 1977.

Several months after his release from prison, petitioner married a nurse whom he met while he, was in prison. Petitioner eventually adopted the woman’s three children from a prior marriage. Petitioner began attending college classes in the fall of 1977, and continued to do so for the next few years. He did not, however, earn a degree. In January 1980, petitioner again enlisted in the army. During this period of service, petitioner received two punishments under article 15 of the United States Code of Military Justice (10 U.S.C. §815 (1988)). The first was imposed when petitioner disobeyed an order directing him to send an allotment of money to his wife; the second was imposed when petitioner left his post without permission. Petitioner was also the subject of a summary court martial proceeding (10 U.S.C. §824 (1988)) for stealing the wallet of another soldier, and he served 30 days’ confinement for the offense. Petitioner was discharged from the military in August 1982 under other than honorable circumstances.

Petitioner was given a number of documents to complete upon his arrival at law school. Among those was a one-page form entitled “Preliminary Application,” which petitioner filled out and submitted on August 28, 1985. The form asked applicants whether they had “ever been charged with any criminal offense”; following the question were blanks marked “Yes” and “No,” and applicants responding to the question in the affirmative were instructed on the next line to explain the nature of the charge. Petitioner’s preliminary application shows check marks in both the “Yes” and “No” blanks. Above the check mark in the “No” blank appears the notation “See II. R.S. chap. 38 12-13.” The offense cited by petitioner is criminal sexual assault. (See Ill. Rev. Stat. 1989, ch. 38, par.

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Cite This Page — Counsel Stack

Bluebook (online)
561 N.E.2d 614, 138 Ill. 2d 87, 149 Ill. Dec. 244, 1990 Ill. LEXIS 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-childress-ill-1990.