In re Breen

225 Ill. 2d 681 · Supreme Court of Illinois · September 15, 2006

Summary

The Illinois Supreme Court approved a petition for discipline on consent under Supreme Court Rule 762(b). Joseph Francis Breen was suspended from practicing law for six months and until further order, with the suspension stayed after 90 days subject to a two-year probation involving substance-abuse treatment, monitoring, and other conditions.

Court
Supreme Court of Illinois
Jurisdiction
Illinois
Decision date
September 15, 2006
Procedural posture
The Administrator of the Attorney Registration and Disciplinary Commission petitioned the Illinois Supreme Court to impose discipline on consent under Illinois Supreme Court Rule 762(b).
Precedential value
Published disciplinary order; no general doctrinal rule announced beyond application of the cited disciplinary rules.
Parties
Administrator of the Attorney Registration and Disciplinary Commission v. Joseph Francis Breen
Disposition
approved

Topics

administrative lawagency adjudicationjudicial review of agency action

Practice areas

attorney disciplineprofessional responsibilityadministrative law

Questions Presented

  1. Whether the Administrator's petition to impose discipline on consent under Illinois Supreme Court Rule 762(b) should be allowed.
  2. What discipline and probationary conditions should be imposed based on respondent's consent and conduct.

Holdings

  1. The petition by the Administrator of the Attorney Registration and Disciplinary Commission to impose discipline on consent pursuant to Illinois Supreme Court Rule 762(b) is allowed.
  2. Respondent is suspended from the practice of law for six months and until further order of the court, with the suspension stayed after 90 days pending completion of a two-year period of probation subject to the conditions stated in the order.

Key quotations

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. (225 Ill. 2d at 681)

Factual background

Joseph Francis Breen consented to attorney discipline after convictions for driving under the influence of alcohol, driving under a suspended license, operating an uninsured motor vehicle, and improper traffic-lane usage. The court imposed a six-month suspension, stayed after 90 days, and conditioned the stay on a two-year probation involving treatment, abstinence, substance testing, reporting, and compliance obligations.

Procedural history

The Administrator filed a consent-discipline petition concerning respondent Joseph Francis Breen. The Illinois Supreme Court allowed the petition and imposed a six-month suspension, stayed after 90 days, subject to a two-year probation and specified conditions.

Court Document

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