Monday, August 18, 2008

Felony conviction overturned because prosecutor's law license was suspended

The Aurora Beacon Newspaper reports that a felony conviction out of Kendall County has been overturned by the 2nd District because one of the Assistant State's Attorneys who tried the case had had her license temporarily suspended for failing to answer the question on the renewal form asking whether or not she maintained malpractice insurance.

The article states that the defendant's lawyer was simply checking how to spell the prosecutor's name on the ARDC website for purposes of the appellate brief when he discovered that the prosecutor's license was suspended six days before his client's trial. That had to be a good feeling. I bet the brief sure took a different tone after that discovery.

I know the ASA involved in that case. She was actually decent to work with, which I cannot say for the majority of prosecutors that I come across in my practice. She no longer works for Kendall County, but now works in the Kane County State's Attorney's office. Her license was only suspended for ten days. It just so happens that during that period of time she tried a felony case that she won and that the defendant decided to appeal. That was unfortunate for her, but like I said, that must have been a good feeling for the defense lawyer when he first made his discovery.

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