2012 IL App (3d) 110179
Ill. App. Ct.2012Background
- Neglect petitions filed Aug. 28, 2008, alleging that respondent-mother allowed a convicted sex offender to pick up her children from day care and have unsupervised contact.
- Attorney Lea A. Drell represented W.R., Sr. (the father) in the juvenile case and later filed a custody motion on his behalf.
- During the adjudicatory hearing, Drell questioned the respondent-mother to show limited involvement and advocated for the father’s custody.
- Drell disclosed she had mediated a prior custody dispute between the respondent-mother and W.R., Sr., raising a potential conflict of interest.
- The trial court held there was a per se Rule 1.12(a) conflict and ordered a new trial; the State appealed.
- The appellate court affirmed, applying Rule 1.12(a) to a broad interpretation of “matter” and extending the new trial to all three minors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 1.12(a) applies to this case | State contends rule does not apply | Mother argues rule applies across matters | Rule 1.12(a) applies (broader matter interpretation) |
| Whether the conflict is per se | Conflict existed due to mediator background | No per se conflict shown | Yes, per se conflict found; new trial warranted |
| Standing to challenge the conflict | Mother has standing as affected party | Conflict belonged to W.R., Sr. | Mother had standing to seek a new trial |
| Scope of the new trial | Conflict could affect all three minors | Limit to the affected minor(s) | New trial appropriate for all three minors |
Key Cases Cited
- In re S.G., 347 Ill. App. 3d 476 (2004) (per se conflict when GAL later represents the respondent-mother)
- In re Darius G., 406 Ill. App. 3d 727 (2010) (attorney’s later representation of the minor risks conflicting loyalties)
- Santiago, 236 Ill. 2d 417 (2010) (broader vs. narrow interpretations of ‘matter’ in Rule 1.12/4.2)
- People v. Hernandez, 231 Ill. 2d 134 (2008) (per se conflict framework in criminal-like proceedings)
- People v. Graham, 206 Ill. 2d 465 (2003) (conflict-of-interest threshold: conflicting interests with defendant)