Pro Se Attorney’s Offensive Statements to Judge and Opposing Counsel Result in Disciplinary Case
A pro se Des Plaines, Illinois attorney had a run-in with the Illinois Attorney Registration & Disciplinary Commission (“IARDC”) after making provocative statements while representing himself in divorce proceedings initiated by his estranged wife. The complaint, filed by the IARDC on August 5, 2021, lists several violations of the Illinois Rules of Professional Conduct (“Rules”) as a result of the attorney’s statements made to a judge and sent to opposing counsel via email. According to the attorney, he represented himself in the underlying matter because he could not afford counsel due to a recent cancer diagnosis.
The pro se attorney directed the following statements to the presiding judge during a hearing:
This is child abuse, perpetuated by the court and its corrupt and incompetent officers.
You are a clown.
You’re a child abuser. I mean, honestly, I should call DCFS on you because you’ve abused these children for two years. What you have done and what people like you do to people all over this country is a disgrace.
According to his answer to the IARDC complaint, the attorney made these statements in response to the judge’s alleged violation of a remand order and “flip-flopping” on whether to grant the attorney parenting time. Furthermore, the attorney said that most of his statements were protected First Amendment speech. However, the IARDC complaint stated that the attorney’s conduct violated Rules 8.2(a), which prohibits making statements a lawyer knows to be false or with reckless disregard as to their truth or falsity concerning the qualifications or integrity of a judge and 8.4(d), which prohibits conduct that is prejudicial to the administration of justice by making false and/or reckless statements.
To make matters worse, the pro se attorney also targeted opposing counsel by sending them accusatory, unfounded e-mails. The attorney sent the following statements to opposing counsel via e-mail:
You are all child abusing filth, all of you.
I strenuously object to you being a lowlife bottomfeeder, who suborns perjury, breaks the IRPC and extorts your own client.
In his answer, the attorney stated that these statements about opposing counsel were “entirely truthful and accurate.” In addition, he said that these statements were made while opposing counsel were “purposely countermanding” the remand hearing that was mandated by an appeals court. However, the IARDC complaint stated that this was a violation of Rules 4.4(a), which prohibits using means that have no substantial purpose other than to embarrass, delay, or burden a third person, and 8.4(d).
The ABA Journal reported that the IARDC struck the pro se attorney’s answer, contending that he “could not go beyond affirming or denying the allegations.” However, he plans to file a motion for reconsideration. To date, the IARDC disciplinary hearing on the matter is still pending. To see some of other coverage on professional conduct click here and here.
