These allegations come from a pending motion for disbarment on consent.
14. Beginning in December, 2017 and continuing through August, 2018, Movant left a series of hostile and insulting voicemail calls to ARDC Deputy Administrator James Grogan in which Movant threatened to “come after” Mr. Grogan, defined justifiable homicide, and referred to Mr. Grogan engaging in a sex act with Speaker of the Illinois House, Michael Madigan. The voicemails made by Movant after May 15, 2018, were in violation of the terms of his probation in People of the State of Illinois v. Donald Franz, docket number 16119156601, that Movant have no unlawful contact with the ARDC.
15. On October 23, 2018, Movant was arrested and charged with two counts of felony Telephone Harassment, in violation of 720 ILCS 5/26.5(2) and 5/26.5-5(b)(2), in People of the State of Illinois v. Donald Franz, docket number 18 CR 15782.
16. On December 11, 2018, Movant pled guilty to one count of felony Telephone Harassment and was sentenced to 30 months of intensive drug probation with conditions including Global Positioning System (“GPS”) and alcohol monitoring, and 106 days served in custody at the Cook County Department of Corrections, time considered served.
E. McHenry County criminal felony and misdemeanor convictions
17. On January 19, 2017, in the late evening, a Crystal Lake police officer responded to a call of a weaving car on Williams Street in McHenry County. The officer arrived at the location and found Movant in the driver’s seat of a parked vehicle with an open bottle of alcohol in the center console cup holder. The officer noted that Movant was unable to follow commands and smelled alcohol on Movant’s breath. As the officer attempted to arrest Movant, the Movant was verbally abusive, called the officer an ‘asshole’ and struggled with the officer, resulting in an injury to the officer’s right hand and finger.
18. Movant was subsequently arrested, and officers recovered from Movant’s pants pocket a silver colored handgun, Colt semiautomatic pistol with seven rounds of .380 ammunition. The officer determined that Movant had a revoked FOID card and a revoked Concealed Carry License (“CCL”). A search of Movant’s vehicle revealed multiple boxes of rifle ammunition.
19. On January 20, 2017, in the early morning hours, Movant was arrested by Crystal Lake Police on multiple charges including Aggravated Battery to a Police Officer, Aggravated Resisting a Peace Officer, and Aggravated DUI. During a search of Movant’s vehicle, officers recovered two handguns and multiple rounds of ammunition. Movant was charged with multiple counts of Unlawful Possession of a Firearm and Ammunition without FOID Card in People of the State of Illinois v. Donald Franz, number CLPD 17-001291 and the Aggravated DUI was charged in the matter of People of the State of Illinois v. Donald Franz, ticket number 17 DT 43.
20. On January 20, 2017, subsequent to Movant’s arrest on charges as detailed in paragraph 19, Crystal Lake police officers executed two search warrants at Movant’s home and vehicle and seized 56 firearms and 13,066 rounds of ammunition.
21. On March 9, 2017, Movant was charged by way of a Grand Jury Indictment with the Class 2 felony of Aggravated Battery of a Peace Officer, in violation of 720 ILCS 5/12-3 (5/12-3.05(d)(4); the Class 4 felony of Aggravated Resisting a Peace Officer, in violation of 720 ILCS 5/31-1(a) and 5/31-1(a-7); the Class 3 felony of Unlawful Possession of a Firearm without Requisite FOID Card, in violation of 430 ILCS 65/2(a)(1) and 65/14; the Class 4 felony of Unlawful Possession of Firearm Ammunition Without Requisite FOID Card, in violation of 430 ILCS 65/2(a)(2) and 65/14; the Class 4 felony of Aggravated DUI, in violation of 625 ILCS 5/11-501(625 ILCS 5-11-501(a)(2) and 5-11-501(d)(1)(G)); and the Class A misdemeanors of
Possession of a Revoked Concealed Carry License, in violation of 430 ILCS 66/70(g), Possession of a Revoked FOID Card, in violation of 430 ILCS 65/9.5(a)(1) and Unlawful Use of Driver’s License in violation of 625 ILCS 5/6-301(a)(1).
21. On December 13, 2017, Movant pled guilty to the Class 4 felony of Aggravated Resisting of Police Officer, amended charge of Class A misdemeanor DUI, and Unlawful Possession of a Firearm Without Requisite FOID Card. Movant was sentenced to 24 months of probation with conditions, which included that he shall not violate any criminal statute, 10 days confinement in McHenry county jail, compliance with ADES recommendations, and completion of anger management.
22. On November 9, 2018, Special Prosecutor Charles M. Colburn filed a Petition for Revocation of Probation (“PTR”) based upon Movant’s indictment for Felony Harassment by Telephone, alleging that from July 19, 2018 through August 15, 2018, Movant left harassing voicemails directed at Mr. Grogan, the Deputy Administrator of the ARDC.
23. On June 11, 2019, Movant entered a blind plea of guilty to the PTR. Movant’s sentencing date is set for August 13, 2019.
The lawyer had other issues as well related to alcohol consumption.
Legal Ethics Lawyer 