The Supreme Court Press “Petition of the Month”TM for July 2014 is Ditkowsky v. The Illinois Attorney Disciplinary Review Committee (IARDC) Supreme Court Dkt. No. 13-1473, an appeal coming out of the State of Illinois. The petition was filed pro se by the petitioner Kenneth K. Ditkowsky.
Question Presented: (two of four questions presented by Petitioner)
1. Does the First Amendment provide protection to an attorney who reports criminal conduct to law enforcement?
2. Does the Illinois Attorney Disciplinary code nullify the moral and common law obligation of requiring citizens to object to elder abuse and financial exploitation of the elderly?
Many lawyers take up the law for idealistic reasons - to fight for the weak, to correct injustices, and preserve the rule of law. Upholding these values requires action be taken - action that can be lauded as crusading and exemplary by some, but reckless and inconvenient by others. However, when the lawyer takes on corruption whose seed might be planted within the legal system itself, the system sometimes retaliates with a fury with the ultimate punishment for an attorney - a referral to the bar's disciplinary committee and long term suspension or disbarment.2. Does the Illinois Attorney Disciplinary code nullify the moral and common law obligation of requiring citizens to object to elder abuse and financial exploitation of the elderly?
In the case of Ditkowsky v. The Illinois Attorney Disciplinary Review Committee (IARDC), Supreme Court, Dkt. No. 13-1473, Kenneth Ditkowsky was suspended from the bar for four years due to his investigation of what he believed to be the looting of an elderly woman, Mary Sykes. He believed that her attorney-guardian may have gone so far as to have stripped her bank safe deposit box and gold teeth fillings.. When he pursued the investigation, he was referred to the IARDC which recommended and ultimately achieved Ditkowsky's bar suspension. The IARDC took little account of Ditkowsky's past role in ferreting out corruption, notably helping the feds uncover judicial bribe taking in the Operation Greylord scandal of thirty years ago.
The Ditkowsky petition asks the Court to consider whether a lawyer's action to protect a potential abuse victim is Constitutionally protected speech.
As I dug into the Sykes case, I discovered that I had stepped into a quagmire. What was going was unbelievable! The family of Alice Gore reported that their mother was isolated, stripped of her assets, abused and Attorney Miriam Solo had orchestrated the removal of 29 teeth from Ms. Gore's mouth so as to mine her gold fillings!"~Kenneth K. Ditkowsky
In my humble opinion it is dishonest for a lawyer to shirk his responsibility to the Bill of Rights and the core value of Americans. No one asked any individual to be a lawyer! The taking of the oath meant taking the responsibility to stand up when Americana is threatened and be counted even if it means personal loss. This may be flag waving – but, we have something special and it must be preserved.,"~Kenneth K. Ditkowsky
Full Article and Source:
Petition of the Month, July 2014: Ditkowsky v. The Illinois Attorney Disciplinary Review Committee (IARDC)
See Also:
NASGA: Mary Sykes, Illinois Victim
NASGA: Alice Gore, Illinois Victim
13 comments:
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Lawyer self-policing is as corrupt as the courts they operate in.
Here's an honest lawyer, who spent his life doing right, and now he's suspended for blowing the whistle on a sick system which is ripping off the elderly, disabled, families and taxpayers.
Here's the central point:
When the lawyer takes on corruption whose seed might be planted within the legal system itself, the system sometimes retaliates with a fury with the ultimate punishment for an attorney - a referral to the bar's disciplinary committee and long term suspension or disbarment.
It's shut him up, cover it up, sweep it under the rug. Oh, no! He's still talking!! Get more brooms!!!
As officers of the court, attorneys have an ADDITIONAL ethical responsibility to report wrongdoing within the judicial branch and among public officials. Bottom line, the public must be protected, particularly the elderly and disabled. Attorneys are often the only ones with knowledge of systemic wrongdoing.
The in-cahoots attorneys who circle the wagon, shoot the messenger, and keep up their corrupt practices because "that's the way it's always been done around here" are taking a terrible risk with their privilege to practice law, with their financial security, with their family, and with their freedom.
Eventually, the truth always comes out. With email trails and video and online sources, evidence of corruption is much easier to dig up these days -- just look at the Bob McDonnell trial going on in Virginia.
The public is just sick of corrupt lawyers taking and taking and offering nothing in return but cynicism and pre-cooked results. They are going to take back their power, and it isn't going to be pretty, counselors.
Ken Ditkowsky has taught me so much through NASGA and I appreciate him and his advocacy very much.
A familiar name Ken Ditkowsky. Who has oversight of the Illinois Attorney Registration & Disciplinary Commission? I suggest the people in the area deliver a complimentary box of Detective Joe Roubicek's new book:
Guardian Angels Inc. The Vile Business of Corrupt Guardianship
And read Part 2: Stealing the Estate pages 24-26 a COOK COUNTY ILLINOIS GUARDIANSHIP CASE how about that for perfect timing?
http://nasga-stopguardianabuse.blogspot.com/2014/07/announcing-release-of-joe-roubiceks-new.html
For a Preview and Available at: http://www.amazon.com/Guardian-Angels-Inc-Business-Guardianship
Ken Ditkowsky is the type of lawyer who does the profession proud.
I applaud Ken Ditkowsky for his integrity and honesty!
Thank you Mr. Ditkowski for being a man of character and stamina. I appreciate all the attention you have brought to this case and I am sorry the ARDC let you down so terribly.
I wonder what the ARDC thinks of this honor and if anyone from the ARDC has extended congratulations to Ken Ditkowsky?
One would think 'Attorney' Ken Ditkowsky's complaints would have had standing. As a lawyer with years of a good service record to his profession, I believe 'Attorney' Ken Ditkowsky acted in good faith; he stayed true to his oath:
(705 ILCS 205/4) (from Ch. 13, par. 4)
Sec. 4. Every person admitted to practice as an attorney and counsellor at law shall, before his name is entered upon the roll to be kept as hereinafter provided, take and subscribe an oath, substantially in the following form:
I do solemnly swear (or affirm, as the case may be), that I will support the constitution of the United States and the constitution of the state of Illinois, and that I will faithfully discharge the duties of the office of attorney and counselor at law to the best of my ability.
(Source: R.S. 1874, p. 169.
The biggest problem is there aren't enough Ken Ditkowskys in the world. We need more lawyers who have character and commitment and who do the job because they want justice for those who have been wronged.
I grew up with honest lawyers like Ken Ditkowsky. After a lifetime in the law, seeing things change, I have lost my confidence and trust in the profession, particularly the self-policing aspects, which has brought their image down.
Ditkowsky did what he swore to do:
report attorney misconduct.
Section 8.3 requires reporting of misconduct.
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