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Keywords

tortattorney
tortdamagesattorneyequitytrustwillpunitive damagesrespondentconstructive trust

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In re Topper, 135 Ill.2d 331, 553 N.E.2d 306, 142 Ill.Dec. 792

Facts

Russell J. Topper, an attorney licensed in Illinois since 1933, was involved in a significant case known as the Brown case, which was assigned to Judge Reginald J. Holzer. In February 1979, Holzer, facing financial difficulties, requested a $10,000 loan from Topper. Despite feeling uneasy about the request, Topper withdrew the money from his personal account and provided it to Holzer without any formal documentation. The loan was never repaid, and Topper later testified against Holzer, who was convicted of extorting him.

Respondent was licensed to practice law in Illinois in 1933, and since that time he has been a sole practitioner specializing in an equity and chancery practice. In the fall of 1978, respondent filed a suit, which we will refer to as the Brown case, in the chancery division of the circuit court of Cook County. The suit sought an equitable accounting, a constructive trust, injunctive relief, and compensatory and punitive damages in excess of $2 million as a result of alleged misappropriation of corporate assets.

Issue

Whether an attorney violates disciplinary rules when he loans money to a judge under alleged extortion, even if neither the attorney nor the client benefits from the transaction.

The issue presented in this case is whether an attorney violates our disciplinary rules when, allegedly succumbing to an extortionate demand, he loans $10,000 to a judge presiding over a case in which he is an attorney of record, even though the judge later recuses himself from the matter upon the attorney's request.

Rule

An attorney violates disciplinary rules by giving or lending anything of value to a judge, as it undermines the integrity of the judicial system and creates an appearance of impropriety.

An attorney who loans anything of value to a sitting judge erodes and damages the public's confidence in the bar, the judiciary, and the entire legal system.

Analysis

The court found that Topper's actions constituted a violation of the disciplinary rules, despite his claims of extortion. The court emphasized that the ethical standards prohibit any financial transactions between attorneys and judges that could compromise the integrity of the judicial process. Topper's acknowledgment of feeling 'cold dread' when handing over the money indicated his awareness of the impropriety of his actions.

The court found that Topper's actions constituted a violation of the disciplinary rules, despite his claims of extortion. The court emphasized that the ethical standards prohibit any financial transactions between attorneys and judges that could compromise the integrity of the judicial process.

Conclusion

The court concluded that Topper's conduct warranted a one-year suspension from the practice of law due to his violation of the disciplinary rules regarding financial dealings with a judge.

The court concluded that Topper's conduct warranted a one-year suspension from the practice of law due to his violation of the disciplinary rules regarding financial dealings with a judge.

Who won?

The Administrator of the Attorney Registration and Disciplinary Commission prevailed, as the court upheld the findings of misconduct against Topper.

The Administrator of the ARDC filed a complaint charging the respondent, Russell J. Topper, with professional misconduct in connection with a loan that he made to Judge Reginald J. Holzer.

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