In Re Parker

595 N.E.2d 549, 149 Ill. 2d 222, 172 Ill. Dec. 188, 1992 Ill. LEXIS 95
CourtIllinois Supreme Court
DecidedJune 9, 1992
Docket72851
StatusPublished
Cited by14 cases

This text of 595 N.E.2d 549 (In Re Parker) 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 Parker, 595 N.E.2d 549, 149 Ill. 2d 222, 172 Ill. Dec. 188, 1992 Ill. LEXIS 95 (Ill. 1992).

Opinion

JUSTICE CUNNINGHAM

delivered the opinion of the court:

Katherine Ann Parker (petitioner) has petitioned this court for reinstatement to the master roll of attorneys licensed to practice law in the State of Illinois. The Hearing Board and the Review Board have recommended reinstatement. The Administrator of the Attorney Registration and Disciplinary Commission (Administrator), pursuant to Supreme Court Rule 753(e)(6) (134 Ill. 2d R. 753(e)(6)), objected to reinstatement and petitioned this court for leave to file exceptions to the report and recommendation of the Review Board. (134 Ill. 2d R. 753(e)(6).) We granted the Administrator’s request and now consider the petition for reinstatement.

Petitioner was admitted to the Illinois bar in 1977 and was disbarred on consent pursuant to Supreme Court Rule 762(a) on September 30, 1986. (107 Ill. 2d R. 762(a).) The disbarment was related to petitioner’s Federal conviction in 1986 for conspiracy to distribute marijuana in southern Illinois in the late 1970s and early 1980s.

On April 20, 1990, petitioner filed a petition for reinstatement under Rule 767 (134 Ill. 2d R. 767). The Administrator moved for a continuance, and a hearing was held on December 18, 1990, at which the following evidence was presented.

Petitioner began using marijuana in 1973 when she was a student at MacMurray College. At that time, petitioner was married to David Reid, who also smoked marijuana. The two divorced shortly thereafter, after 2xk years of marriage. Petitioner graduated from MacMurray in 1974 and enrolled in law school at Southern Illinois University that fall. During her three years at law school, petitioner used marijuana with her classmates. Petitioner graduated from law school in 1977, and took a position as a law clerk for United States District Judge Henry Wise in Danville, Illinois.

Petitioner left her employment with Judge Wise at the end of 1977 to move to Carbondale, Illinois, and live with Patrick Baker. Baker worked part-time as a carpenter, but also engaged in the the illegal sale of drugs. Petitioner’s use of marijuana increased after she moved in with Baker, and Baker introduced her to cocaine. In 1980, petitioner and Baker married. At this time, petitioner was using cocaine on a daily basis. Petitioner gave birth to her first child in 1981, and her second in 1982. Petitioner and Baker separated in 1983, and divorced in 1984. Petitioner has custody of the two girls born of this marriage.

During her marriage to Baker, petitioner obtained marijuana and cocaine from him for her personal use. Petitioner also exchanged drugs with friends who were local young professionals. Petitioner and Baker derived their income primarily from the sale of drugs during their marriage, and the two purchased a home from the proceeds of drug sales in 1980.

After the couple’s separation, petitioner worked for an attorney, Bill Ballard, in Anna, Illinois. This was a part-time position, on an hourly basis, and ended after a few months.

On November 5, 1983, petitioner applied for a department store credit card and stated on the application that she earned $1,000 a month as an attorney in Ballard’s law office, an innaccurate amount. Petitioner also listed her occupation as self-employed for the five years prior to employment at Ballard’s office.

Petitioner next worked as an assistant State’s Attorney of Union County from December 1983 to December 1984. During this time, petitioner also worked part-time for an attorney in the area. Petitioner admitted using marijuana while employed as an assistant State’s Attorney.

On December 18, 1984, petitioner applied for a position with the Illinois Attorney General. On her application, petitioner stated that she made $50 a day at Ballard’s office. Petitioner testified that that information was “probably *** innaccurate” because Ballard was having a “rough time” when she worked for him. In December 1984, petitioner secured employment with the Attorney General’s office in Springfield, where she served as assistant to the chief of the public aid division. Sometime thereafter, petitioner became aware that she was under investigation by Federal authorities in the Southern District of Illinois for her previous involvement with illegal drugs. In 1985, petitioner discussed the investigation with her supervisor, who then asked her to leave the Attorney General’s office because Neil Hartigan, then Attorney General, was running for election. Petitioner was asked to sign a letter of resignation by her supervisor, who apparently did not want a scandal in the Attorney General’s office during the campaign.

Petitioner applied for unemployment compensation on the recommendation of her supervisor at the Attorney General’s office, and indicated on the form that she had been laid off. Petitioner was successful in obtaining benefits. Petitioner thereafter left Illinois and moved to Minneapolis to take a position as an executive recruiter.

On January 13, 1986, after cooperating with Federal investigators, petitioner and her attorney appeared in the Federal District Court for the Southern District of Illinois. Petitioner waived indictment and pleaded guilty to the charge of conspiracy to distribute marijuana. At the proceeding, the United States Attorney informed the court that petitioner’s involvement in the conspiracy was minimal compared to the amount of drugs involved and to her husband’s involvement. At sentencing on March 24, 1986, the United States Attorney noted that petitioner had been cooperative and truthful in the investigation. The court, noting that petitioner’s involvement with drugs was mainly for her own personal use, and that she had shown remorse for her activities, sentenced petitioner to five years’ probation.

On August 29, 1986, after cooperating with the Attorney Registration and Discipline Commission, petitioner filed a petition asking this court to remove her name from the master roll of attorneys pursuant to Supreme Court Rule 762(a) (107 Ill. 2d R. 762(a)). This court removed petitioner’s name from the master roll of attorneys on September 30,1986.

After her disbarment, petitioner did not, according to the Administrator, comply with Supreme Court Rule 764. (107 Ill. 2d R. 764.) At the time of petitioner's disbarment, Rule 764 required a disbarred attorney to notify, within 21 days of disbarment, all clients to whom she was responsible for pending matters of the disbarment, and inform them that she could no longer represent them. Rule 764 also required the disbarred attorney to file an affidavit with the supreme court within 35 days of disbarment stating that the notice requirement had been met. Petitioner testified that her attorney at the time handled all her filings, and that she thought he had filed the affidavit. Petitioner had no practice and no clients to notify at the time of her disbarment.

Petitioner left her job as an executive recruiter in Minnesota and applied for employment with Personnel Contractors, Inc., in Minneapolis on July 10, 1986. Petitioner stated in her application for Personnel Contractors, Inc., that the reason she left her job with the Attorney General’s office was to move to Minnesota. Petitioner did not inform this company of her conviction and disbarment because it did not ask.

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

Related

In Re Martinez-Fraticelli
850 N.E.2d 155 (Illinois Supreme Court, 2006)
In Re Timpone
804 N.E.2d 560 (Illinois Supreme Court, 2004)
Wilhelm v. A.G. Edwards & Sons, Inc.
61 F. App'x 272 (Seventh Circuit, 2003)
In Re the Reinstatement of Wiederholt
24 P.3d 1219 (Alaska Supreme Court, 2001)
In Re Eckberg
733 N.E.2d 1244 (Illinois Supreme Court, 2000)
In Re Richman
730 N.E.2d 45 (Illinois Supreme Court, 2000)
In Re Discipio
645 N.E.2d 906 (Illinois Supreme Court, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
595 N.E.2d 549, 149 Ill. 2d 222, 172 Ill. Dec. 188, 1992 Ill. LEXIS 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-parker-ill-1992.