Thursday, October 29, 2009

Disciplinary complaint for discriminatory conduct raises interesting questions

The Administrator of the Attorney Registration and Disciplinary Commission of Illinois has filed a disciplinary complaint that may generate an interesting discussion of an Illinois Rule of Professional Conduct. The complaint states that the attorney, among other thigns, used abusive and insulting language towards public officers while in a different state and to others while in Illinois in violation of a rule that states it is miconduct to engage in conduct that is "prejudicial to the administration of justice, including adverse discriminatory treatment of others based on race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status."

In most instances, the language was not used in the context of the practice of law so it is not clear what is the relationship with the notion of "prejudicial to the administration of justice."

It will be interesting to see if the case addresses the question of whether the rule calls for discipline for discriminatory conduct because it is prejudicial to the administration of justice or whether it calls for discipline for discriminatory conduct only if it is prejudicial to the administration of justice.

The complaint is available here.

Thanks to the Legal Profession Blog for the information.

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