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Government LawyersThe newsletter of the ISBA’s Standing Committee on Government Lawyers

September 2009, vol. 11, no. 1

Public sector discipline: May 2009 Term of Court

In re Mills, Commission No. 07 SH 2, S. Ct. No. M.R. 23070 (May 18, 2009). Daniel Cass Mills was employed as an Assistant State’s Attorney in Sangamon County, Illinois, between 2005 and 2006. Throughout 2005, Mills purchased and used cocaine and cannabis, and he occasionally used cocaine with another Assistant State’s Attorney.

The disciplinary case against Mills was originally brought on the basis of his possession and use of the illegal drugs. For purposes of concluding this matter by way of a petition for discipline on consent, additional misconduct was incorporated, namely, Mills’ involvement in an altercation in and in front of the Caddy Shack bar in Springfield, Illinois. He had pulled a 9mm handgun from his waistband and pointed it at another bar patron. After he was arrested trying to flee from the bar, the police found a pipe used for smoking cannabis in his pocket. On December 5, 2008, a judgment of conviction was entered against Mills in the Circuit Court of Sangamon County for unlawful use of a weapon, unlawful possession of a firearm, and possession of drug paraphernalia. The court ordered a 90-day jail sentence, a two-year period of probation with conditions, and a $1,000 fine.

The Supreme Court of Illinois allowed the Administrator’s petition to impose discipline on consent and suspended Mills for two years and until further order of the Court. Mills was not considered eligible for probation because he had provided insufficient evidence of treatment for substance abuse, as is required under Supreme Court Rule 772, governing probation.

The Mills petition to impose discipline on consent and the Supreme Court’s final order of discipline can be found in their entirety in the Attorney Registration and Disciplinary Commission’s Web site at <www.iardc.org>, by selecting “Rules and Decisions” and inserting the attorney’s name or the case number in the appropriate search field. ■

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Leonardo Morales is a Law Clerk for the Attorney Registration and Disciplinary Commission. He is a third-year student at The John Marshall Law School.

 


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