Opinion
No. MR 20769.
March 2006.
Summary of Misconduct:
Mr. Sanders, who was licensed in 1994, was suspended for 90 days and until further order of the Court, with the entire suspension stayed pending completion of a two-year period of probation with conditions. He neglected two habeas corpus petitions on behalf of two separate clients, an expungement matter on behalf of a third client, and failed initially to cooperate with the Administrator's investigation into two of those matters.
Order of the Court:
The petition by the Administrator of the Attorney Registration and Disciplinary Commission to impose discipline on consent pursuant to Supreme Court Rule 762(b) is allowed.
Respondent Daniel Robert Sanders is suspended from the practice of law for 90 days and until further order of the Court, with the entire suspension stayed by a two-year period of probation subject to the following conditions:
a. Within 21 days of the Court's order, respondent shall enter into a course of treatment with a qualified mental-health professional acceptable to the Administrator, and shall report to the mental-health professional as often as deemed warranted by such professional;
b. Respondent shall comply with all treatment recommendations of the mental-health professional, including the taking of medications as prescribed;
c. Respondent shall provide to the mental-health provider an appropriate release authorizing the treating professional to: (1) disclose to the Administrator on at least a quarterly basis information pertaining to the nature of respondent's compliance with any treatment plan established with respect to respondent's condition; (2) promptly report to the Administrator respondent's failure to comply with any part of an established treatment plan; and (3) respond to any inquiries by the Administrator regarding respondent's mental or emotional state or compliance with any established treatment plans;
d. Respondent shall notify the Administrator within 14 days of any change in treatment professionals;
e. Respondent shall abstain from the usage of any unprescribed controlled substances;
f. Respondent shall, upon request by the Administrator, submit to random substance testing by a mental-health professional or facility approved by the Administrator, within eight hours of receiving notice by the Administrator that he shall submit to the testing. The results of the tests shall be reported to the Administrator. Respondent shall pay any and all costs of such testing;
g. Respondent's practice of law shall be supervised by a licensed attorney(s) who is aware of respondent's mental illness and is also acceptable to the Administrator. Respondent shall notify the Administrator of the name and address of any and all attorneys with whom he establishes a supervisory relationship, and shall provide notice to the Administrator of any change in supervising attorneys within 14 days of the change. Respondent shall authorize the supervising attorney(s) to provide a report in writing to the Administrator no less than every three months, regarding the nature of respondent's work, the number of cases being handled by respondent and the supervisor's general appraisal of respondent's continued fitness to practice law;
h. Respondent shall attend and successfully complete the course conducted by the Illinois Professional Responsibility Institute within the first six months of probation;
i. Respondent shall attend meetings scheduled by the Commission probation officer as requested by the Administrator. Respondent shall submit quarterly written reports to the Administrator concerning the status of his practice of law and the nature and extent of his compliance with the conditions of probation;
j. Respondent shall notify the Administrator within 14 days of any change of address;
k. Respondent shall comply with the Illinois Rules of Professional Conduct and shall timely cooperate with the Administrator in providing information regarding any investigations relating to his conduct;
l. Respondent shall reimburse the Commission for the costs of this proceeding, as defined in Supreme Court Rule 773, and shall reimburse the Commission for any further costs incurred during the period of probation;
m. At least 30 days prior to the termination of the period of probation, respondent shall reimburse the Disciplinary Fund for any Client Protection payments arising from his conduct; and
n. Probation shall be revoked if respondent is found to have violated any of the terms of probation. The 90-day stayed period of suspension shall commence on the date his probation is revoked and will continue until further order of the Court.