2012 IL App (3d) 110179
Ill. App. Ct.2012Background
- State petitions for neglect of minors W.R., E.H., and V.R. alleging respondent-mother allowed a convicted sex offender to pick up children from day care with unsupervised contact.
- Drell represented W.R., Sr. in juvenile court and later filed a custody motion on his behalf.
- Mediator role: Drell had previously mediated a custody dispute between Keisha C. and W.R., Sr. over three years earlier.
- During adjudicatory hearing, GAL highlighted prior mediation; Drell disclosed mediator involvement.
- Court discovered mediation history; trial court found a per se Rule 1.12(a) conflict and granted a new trial; State appealed.
- Appellate Court affirmed, holding Rule 1.12(a) applies and creates a per se conflict; standing and scope issues addressed in favor of fresh trials.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 1.12(a) applies to this case. | State argues rule not applicable to this matter. | Keisha C. and Drell contend two proceedings are the same matter. | Rule 1.12(a) applies; matter may continue in another form. |
| Whether Drell’s mediation history creates a per se conflict of interest. | Per se conflict given prior mediator role. | No direct prejudice shown; conflict not automatic. | Yes, per se conflict; new trial warranted. |
| Whether respondent-mother has standing to challenge the conflict. | Conflict belonged to W.R., Sr.; no standing. | Mother has interest in not having conflict; standing exists. | Mother has standing to seek new trial. |
| Scope of review for the new trial award as to all minors. | Per se conflict could affect off-record conduct; all minors may be affected. | Only W.R., Sr. was affected. | New trial appropriate for all minors. |
Key Cases Cited
- In re S.G., 347 Ill.App.3d 476 (Ill. App. 3d 2004) (per se conflict when GAL later represents the minor in same proceedings)
- In re Darius G., 406 Ill.App.3d 727 (Ill. App. 3d 2010) (per se conflict when attorney later represents the minor)
- People v. Hernandez, 231 Ill.2d 134 (Ill. 2d 2008) (three per se conflicts in criminal context; standard applied to juvenile cases)
- Santiago, 236 Ill.2d 417 (Ill. 2010) (interpretation of 'matter' across proceedings; Rule 4.2 context; broader vs case-specific reading)
- People v. Lang, 346 Ill.App.3d 677 (Ill. App. 2004) (appearance of impropriety when opposing sides served by mediator-turned-attorney)
- In re Marriage of Duffy, 307 Ill.App.3d 257 (Ill. App. 1999) (mediation confidentiality considerations in children's matters)