ARDC Hearing Board Recommends Disbarment for Former Governor

The case captioned In re Rod R. Blagojevich, 19 PR 00061, the ARDC Hearing Board recommended disbarment for the former governor. He was placed on interim suspension in 2011, but his disciplinary case was not completed until his prison sentence was commuted by President Trump. The Hearing Board, in a brief opinion, explained why disbarment was appropriate:

The hearing in this matter was held on February 25, 2020, at the Chicago offices of the Attorney Registration and Disciplinary Commission, before a Hearing Board Panel consisting of Carl (Carlo) E. Poli, Chair, Jennifer W. Russell, and Jim Hofner. Respondent was not present. Sheldon M. Sorosky appeared on Respondent’s behalf. Christopher R. Heredia and Jonathan M. Wier appeared on behalf of the Administrator and recommended that Respondent be disbarred.

We have considered the following: the Administrator’s one-count Complaint, a copy of which is attached as Exhibit 1; the Order entered on September 10, 2019, deeming the allegations of the Complaint admitted, a copy of which is attached as Exhibit 2; and the Administrator’s Exhibits 1-6, which were admitted into evidence.

Respondent, the former Governor of the State of Illinois, was convicted of committing numerous crimes while he was in office. Those crimes included wire fraud, attempt to commit extortion, corrupt solicitation, conspiracy to commit extortion, conspiracy to commit corrupt solicitation, and making false statements to the Federal Bureau of Investigation, in violation of Title 18, U.S.C. secs. 371, 666(a)(1)(B), 1001(a)(2), 1343, 1346, and 1951(a). Respondent’s convictions of these crimes were upheld by the United States Court of Appeals for the Seventh Circuit. The Supreme Court of the United States denied Respondent’s petitions for writ of certiorari. On October 26, 2011, the Illinois Supreme Court placed Respondent on interim suspension, which is still in effect.

Respondent was represented by counsel throughout this proceeding but elected not to file an answer, comply with discovery requests, appear for deposition, or appear at the hearing in this matter. While he was incarcerated, Respondent’s appearance at the hearing had been waived. The Panel takes judicial notice, however, that Respondent’s sentence was commuted and he was released from prison on February 18, 2020. Therefore, it was possible for Respondent to appear for his disciplinary hearing.

There are numerous factors that aggravate Respondent’s misconduct. As a former Assistant State’s Attorney and elected official, Respondent was well aware of his obligation to uphold the law, and, as governor, he took an oath to faithfully discharge the duties of the office of governor to the best of his ability. Instead of doing so, he sought to further his own interests by engaging in a pattern of dishonest and deceptive conduct. While Respondent, by his attorney, acknowledged the fact of his convictions, he has not acknowledged that his conduct was wrongful or expressed any remorse. His failure to appear for his disciplinary hearing demonstrates a lack of respect for the disciplinary process and the legal profession. We have considered that Respondent has no prior discipline, but this minimal mitigation does not impact our recommendation.

The following cases cited by the Administrator support the recommendation of disbarment: In re Pappas, 92 Ill. 2d 243 (1982); In re Rosenthal, 73 Ill. 2d 46 (1978).

Based on Respondent’s egregious misconduct, the substantial amount of aggravation, the case law presented by the Administrator, and the lack of case law or any mitigation evidence  presented by Respondent, we conclude that a recommendation of disbarment is warranted.

Accordingly,

1. “Respondent’s counsel accepted electronic service of the Complaint and accompanying documents. A copy of the Entry of Appearance and Acceptance of Service Pursuant to Rule 214(d) filed on August 8, 2019 is attached as Exhibit 3.
2. The allegations of the Complaint were deemed admitted in an Order filed on September 10, 2019. A copy of that Order is attached as Exhibit 2.
3. In consideration of the Order deeming the allegations of the Complaint admitted, we find Respondent committed the misconduct charged in the Complaint.
4. Given Respondent’s serious misconduct, the significant aggravation, and the case law cited by the Administrator, we recommend that Respondent, Rod R. Blagojevich, be disbarred.
5. The Panel has concluded that this report format will adequately and appropriately communicate its recommendation to the Court.”