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Home > Attorney Registration and Disciplinary Commission of Illinois v. Peshek

Attorney Registration and Disciplinary Commission of Illinois v. Peshek [1]

Submitted by DMLP Staff on Mon, 09/28/2009 - 16:04

Summary

Threat Type: 

Disciplinary Action

Date: 

08/25/2009

Status: 

Pending

Location: 

Illinois

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Other
The Illinois Attorney Registration and Disciplinary Commission filed a disciplinary complaint against a former Illinois assistant public defender, Kristine Ann Peshek, for revealing confidential information about her clients and "assisting a criminal or fraudulent act" on her blog, "The Bardd [sic] Before... read full description
Parties

Party Receiving Legal Threat: 

Kristine Ann Peshek

Type of Party: 

Government

Type of Party: 

Individual

Location of Party: 

  • Illinois

Location of Party: 

  • Illinois

Legal Counsel: 

Lea S. Black- Counsel for the Attorney Registration and Disciplinary Commission of Illinois
Description

The Illinois Attorney Registration and Disciplinary Commission filed a disciplinary complaint against a former Illinois assistant public defender, Kristine Ann Peshek, for revealing confidential information about her clients and "assisting a criminal or fraudulent act" on her blog, "The Bardd [sic] Before the Bar -- Irreverant [sic] Adventures in Life, Law, and Indigent Defense."

Peshek worked for the Winnebago County Public Defenders' Office from December 1989 until April 2008.  She was fired when her supervisor found out about the blog in April 2008.  A disciplinary action was filed against Pershek on August 25, 2009, alleging violations of several Rules of Professional Conduct in Illinois and describing Peshek's use of clients' first names or jail identification numbers in her blog entries.

The complaint [2]quotes an entry from Peshek's blog from mid-March 2009, the time when she was defending a college student charged with possession: "#127409 (the client's jail identification number) This stupid kid is taking the rap for his drug-dealing dirtbag of an older brother because 'he's no snitch.'"

The complaint also includes the following excerpt from the blog: 

"Dennis," the diabetic whose case I mentioned in Wednesday's post, did drop as ordered, after his court appearance Tuesday and before allegedly going to the ER. Guess what? It was positive for cocaine. He was standing there in court stoned, right in front of the judge, probation officer, prosecutor and defense attorney, swearing he was clean and claiming ignorance as to why his blood sugar wasn't being managed well.

Peshek denied the allegations in a September 10, 2009 email to the ABA Journal, and said she was looking for an attorney. 

The complaint alleges that Peshek violated five rules:

1. failing to call upon a client to rectify a fraud that the client perpetrated on the court, in violation of Rule 1.2(g) of the Illinois Rules of Professional Conduct;

2. failing to disclose to a tribunal a material fact known to the lawyer when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client, in violation of Rule 3.3(a)(2) of the Illinois Rules of Professional Conduct;

3. conduct involving dishonesty, fraud, deceit or misrepresentation, in violation of Rule 8.4(a)(4) of the Illinois Rules of Professional Conduct;

4. conduct that is prejudicial to the administration of justice, in violation of Rule 8.4(a)(5) of the Illinois Rules of Professional Conduct; and

5. conduct which tends to defeat the administration of justice or to bring the courts or the legal profession into disrepute, in violation of Illinois Supreme Court Rule 770.

Peshek has started a new password protected blog, "A Bird in a Roomful of Cats" (http://cori1047.wordpress.com/ [3]). 

Related Links: 

  • New York Times: A Legal Battle for Lawyers — Online Attitude v. Rules of the Bar [4]
  • Legal Profession Blog: Blogging Lawyer Charged With Confidentiality Violations [5]
  • iardc.org: In the Matter of Kristine Ann Pershek, Complaint [2]
  • ABA Journal: Blogging Assistant PD Accused of Revealing Secrets of Little-Disguised Clients [6]

 

Details

Web Site(s) Involved: 

The Bardd [sic] Before the Bar -- Irreverant [sic] Adventures in Life, Law, and Indigent Defense (defunct)

Publication Medium: 

Blog

Subject Area: 

  • Employee Blogs
Court Information & Documents

Jurisdiction: 

  • Illinois

Source of Law: 

  • Illinois

Court Name: 

Hearing Board of the Illinois Attorney Registration and Disciplinary Commission

Court Type: 

Administrative
CMLP Information (Private)

Priority: 

1-High

CMLP Notes: 

-MW 9/24/2009

 

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Source URL (modified on 08/20/2014 - 11:10pm): https://www.dmlp.org/threats/attorney-registration-and-disciplinary-commission-illinois-v-peshek

Links
[1] https://www.dmlp.org/threats/attorney-registration-and-disciplinary-commission-illinois-v-peshek
[2] https://www.iardc.org/09CH0089CM.html
[3] http://cori1047.wordpress.com/
[4] http://www.nytimes.com/2009/09/13/us/13lawyers.html?emc=eta1
[5] http://lawprofessors.typepad.com/legal_profession/2009/09/wave-of-the-future.html
[6] http://www.abajournal.com/news/blogging_assistant_pd_accused_of_revealing_secrets_of_little-disguised_clie/