15. October 2011 12:40
11 PR 76
Award: Arbitrator subjected to discipline
Accident: The Arbitrator filed her own work comp claim, and wanted CMS to pay her early, because she was "strapped" and paying two mortgages. The Arbitrator attempted to advance her own case by offering to provide hearing dates to the State Assistant Attorney General in one of its cases pending before this Arbitrator, in exchange for a prompt payment in the Arbitrator's own workers' compensation case.
Arbitrator also e-mailed to the parties in a case that "I will tear into these people [(the Respondent)] like they have never seen".
Arbitrator also communicated with attorneys by e-mail on cases ex parte, to discuss what they thought the case should settle for, calling counsel "annoying and a bad lawyer", saying "I can't figure out where the god damn records are and I am pissed!", and calling counsel a "dumb ass"
Some of the misconduct by this Arbitrator included:
a. inducing another to engage in conduct, or give assistance to another's conduct, when the lawyer knows that conduction will violate these Rules, specifically, Rule 3.5(i) of the Illinois Rules of Professional Conduct (1990);
b. engaging in conduct that is prejudicial to the administration of justice, in violation of Rue 8.4(a)(5) (1990); and
c. engaging in conduct which tends to defeat the administration of justice or bring the courts or the legal profession into disrepute in violation of Supreme Court Rule 770.