Illinois Bar Complaint filed against former public defender alleges that she used the word “sh-t” in court, denied it, yelled in the courtroom, and disclosed client confidences

Hello and welcome to this JACPA Ethics Alert blog which will discuss the recent Bar Complaint that was filed against an Illinois assistant public defender who allegedly failed to communicate plea offers to clients, improperly disclosed confidential information, and engaged in disruptive conduct in the courtroom, including yelling and using a curse word (and then denying that she used it).  The case is In the Matter of: Therese Cesar Garza, No. 6180720, Illinois Attorney Registration and Disciplinary Commission No. 2012PR00035 (April 25, 2012).

The Bar Complaint alleges that the lawyer engaged in courtroom conduct that was disruptive to the tribunal, including the lawyer’s alleged use of the “s—“ word and then denying that she used it.  According to the Bar Complaint, the following exchange occurred:

“MS. CESAR: Oh sh-t.

THE COURT: What did you say, Ms. Cesar?

MS. CESAR: Oh shoot, I said. Oh shoot. I’m sorry I didn’t talk to her, Judge. I’m just – – it’s my fault. I’m running around, talking to                         people.

THE COURT: I don’t think that’s what you said.

MS. CESAR: Whatever. I know the word you think I said. My mother never let me say that, and I’ll tell you why. But I said shoot, darn it.”

The Bar Complaint also alleges that the lawyer yelled in the judge’s courtroom and disrupted the proceedings.  According to the Complaint, the following exchange occurred:

MS. CESAR: If I could correct the record, I told the Court at about 11:00 o’clock I had trouble getting people.

And when I finally got through, I talked to Mr. Word. He said he was going to try to come.

“THE COURT: Excuse me. I did not lose my hearing.

MS. CESAR: I did not say he was on the way. He indicated that he would come.

THE COURT: Let me just indicate again, you are yelling on the record. This happens all the time when you don’t get your way.

Because you lose something doesn’t mean you have to start yelling at me. I haven’t gotten deaf over the course of the time

I have listened to your argument. I just don’t agree with you. And it’s okay that people don’t agree.”

The lawyer is also accused of failing to communicate plea offers and disclosing confidential information about her clients to the judge, including one incident wherein the lawyer is alleged to have told the judge, before a plea was entered, that the client stole baby formula to feed his 8-month-old child.

Bottom line:  I’m not sure if it is something in the Illinois water (or perhaps the lawyers in the Public Defender’s offices in Illinois are overworked), but this is the second Illinois PD who has been accused of somewhat unusual behavior and violations of the Illinois Bar Rules in the last few years.  In my February 29, 2012 Ethics Alert, I discussed the case of In re: Disciplinary Proceedings against Kristine Peshek, Case No. No. 2011AP909-D wherein an Illinois lawyer was suspended for 60 days in both Illinois and Wisconsin for disparaging judges, violating client confidences on her blog, and failing to correct her client’s false sworn statements in a court proceeding (and blogging about it).  One of her mitigating factors was that she was overworked.

Be careful out there!

As always, if you have any questions about this Ethics Alert or need assistance, analysis, and guidance regarding these or any other ethics, risk management, or other issues, please do not hesitate to contact me.

THE LAW OFFICE OF JOSEPH A. CORSMEIER, P.A.

PROVIDES ETHICS ADVICE AND EXPERT OPINIONS TO LAWYERS AND LAW FIRMS

DEFENDS LAWYERS IN BAR MISSION AND DISCIPLINE CASES

(AND MUCH MORE!)

My law firm focuses on review, analysis, and interpretation of the Rules Regulating The Florida Bar, advice and representation of lawyers in Bar disciplinary matters, defense of applicants for admission to The Florida Bar before the Board of Bar Examiners, defense of all Florida licensed professionals in discipline and admission matters before all state agencies and boards, expert ethics opinions, and practice management for lawyers and law firms.  If there is a lawyer or other Florida professional license involved, I can defend the complaint or help you get your license.

If you have any questions or comments, please call me at (727) 799-1688 or e-mail me at jcorsmeier@jac-law.com.  You can find my law firm on the web at www.jac-law.com. In addition to handling individual cases, matters, problems and issues for my clients, I also am on retainer to provide ethics advice to numerous lawyers and law firms throughout the state of Florida.  I also provide legal assistance and advice to numerous individuals and non-legal entities to help insure compliance with the law and rules related to UPL and other issues.

Disclaimer:  this e-mail does not contain any legal advice and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

2454 McMullen Booth Road, Suite 431

Clearwater, Florida 33759

Office (727) 799-1688

Fax     (727) 799-1670

jcorsmeier@jac-law.com

www.jac-law.com

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Filed under Attorney discipline, Attorney Ethics, joe corsmeier, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism

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