In re MICHAEL CREIGHTON GLENVILLE, Petitioner.
No. M.R. 6564
November 30, 1990
139 Ill. 2d 242
Petitioner, Michael Creighton Glenville, was graduated from IIT Chicago-Kent College of Law in June 1985 and passed the Illinois bar examination in July 1985. Following an investigation, the Committee on Character and Fitness (Committee) refused to certify to the State Board of Law Examiners that petitioner possessed the good moral character and general fitness necessary for the practice of law. Petitioner requested a hearing on that decision and, on October 17, 1988, and November 15, 1988, the hearing panel of the Committee received evidence concerning his character and fitness to practice law. The panel initially voted 4 to 3 to recommend certification, but one member of the panel changed his vote. As a result, the full Committee directed the panel to reconvene and, on January 22, 1990, the panel voted 5 to 2 to deny certification. Petitioner filed exceptions to the report and recommendation of the hearing panel (
The following issues are raised on review: (1) whether the hearing panel arbitrarily disregarded petitioner‘s evidence that he suffered an alcohol-related blackout on March 28, 1984; and (2) whether the hearing panel‘s recommendation to deny certification was arbitrary.
The following evidence was adduced at petitioner‘s hearing. He was born in 1944 and has resided in Chicago and its surrounding communities his entire life. Petitioner testified that he began drinking alcohol at the age of 14. He statеd that while he had used marijuana and cocaine sometimes in the past, he preferred alcohol.
Petitioner had engaged in a series of criminal acts, beginning in December 1958, when he was arrested with
In 1978, petitioner began working as a hearing officer with the Cook County assessor‘s office. In his employment application, petitioner included one prior position which he never held and failed to include any of his prior arrests. In 1981, petitioner entered the evening program at IIT Chicago-Kent College of Law. In his application for admission, petitioner included one prior position which he never held and failed to include his job as a bouncer in a bar.
In 1982, petitioner entered the Chicago police academy and was graduated first in his class. As a policeman, petitioner received five honorable mentions. Five or six complaints were made against petitioner but none of them were sustained.
The following incident took place on March 27, 1984, and March 28, 1984, while petitioner was on furlough from the Chicago police department. At approximately 11:30 p.m. on March 27, 1984, petitioner went to the Snuggery Lounge in Chicago. In the course of three to four hours, petitioner drank five or six Southern Comfort Manhattans which, according to the record, contained two to three ounces of alcohol per drink. Throughout the evening, petitioner was accompanied by Mr. Hall and Mr. Terry Finnegan. Petitioner knew Hall
At approximately 1:30 a.m., a prostitute, Brenda Yearby, solicited petitioner for an act of sex and informed him that he could meet her at the Paxton Hotel in Chicago. He told her that he was a policeman and suggested that she leave the bar. Yearby, however, remained there with her companion, Rufus Terry. Petitioner left to use the washroom; when he returned he noticed that his drink tasted bitter. He testified that he experienced a complete blackout which lasted 14 to 16 hours. There is no medical evidence in the record which indicates that petitioner‘s blackout was drug-induced. He maintains that the blackout was caused by his addiction to alcohol and his overconsumption of alcohol that evening.
The record reveals that Yearby and Terry carried an attache case containing 1,000 $1 bills and an additional $140. At some point during the evening Terry opened the case in the lounge. Petitioner did not see thе attache case in the lounge. According to him, Finnegan saw the case and he told petitioner that the case contained little bags of white powder.
At approximately 4:30 a.m., petitioner and his two companions left the lounge and went to the Paxton Hotel. The hotel clerk, Charles Carner, testified that petitioner “staggered through the door” and appeared drunk. Petitioner showed Carner his badge and told him that he was on a “drug investigation.” He demanded Yearby‘s room key, but Carner refused to give it to him. Carner testified that petitioner became extremely abusive, used profane language and threatened him with his pistol. Carner relented and brought petitioner to Yearby‘s room. On the way to the room petitioner kicked and beat Carner and threatened him further with his pistol. Carner gave petitioner the room key, but petitioner was
Yearby and Terry called the 911 emergency number. Chicago police officer Michael Williamson responded quickly to the call and conducted a brief investigation at the hotel. Officer Williamson then proceeded immediately to petitioner‘s apartment. Officer Williamson confronted petitioner outside his apartment and asked petitioner what he had been doing. Petitioner stated he was out having a good time and that he was on his way to Cicero. Petitioner was placed under arrest and 255 one dollar bills were found in the dresser drawer of petitioner‘s apartment.
After he made bond, petitioner was voluntarily committed to Ingalls Memorial Hospital for detoxification. He was then transferred to Northwestеrn Memorial Hospital, where he remained for two weeks. Petitioner testified that he was suicidal for several days following the incident.
Petitioner was charged with home invasion, armed robbery, residential burglary, armed violence and theft. After a bench trial, petitioner was found guilty of the misdemeanor offense of theft in an amount less than $300, and was sentenced to one year of conditional discharge. Petitioner was acquitted of the remaining charges. The court found that petitioner did not possess
After an administrative hearing, petitioner was discharged from the Chicago police department. That decision was upheld by the circuit court and appellate court. (177 Ill. App. 3d 583.) Petitioner maintains that he did not receive a fair hearing because the police board did not consider whether the incident was causally related to his addiction to alcohol.
Petitioner testified that his criminal or violent behavior always occurred when he was under the influence of alcohol, and he was never in any kind of trouble when he was not under the influence of alcohol. He stated that he had suffered blackouts in the past as a result of his overconsumption of alcohol, but never of the magnitude of March 28, 1984.
Petitioner testified that he began attending Alcoholics Anonymous (AA) meetings once he was released from the hospital. He stated that he attends AA meetings three times per week, has chaired meetings, has served as a secretary, and has sponsored two persons. He further stated that all of his friends are AA members and he regularly attends AA social functions.
Petitioner testified that he has not consumed any alcohol or taken any mood-altering drugs since March 28, 1984. He admits that he is an alcoholic and is “powerless over all of the mind and mood altering drugs.” He testified that he is confident that he will not drink alcohol or take drugs again. Finally, petitioner apologized for what he had done.
Ryan testified that she, like petitioner, is a recovering alcoholic. She stated that, based on her relationship with her brother and her experience as a member of AA, she is confident that petitioner will never drink alcohol again. She testified that she has not seen petitioner drink alcohol since March 28, 1984.
Five friends of petitioner who are members of AA also testified on petitioner‘s behalf. They stated that petitioner has often expressed regret over the incident of March 28, 1984. They further stated that, based on petitioner‘s personality, desire and active involvement in AA, they do not believe petitioner will ever drink alcohol again.
The five members of AA further testified that they each suffered blackouts in the past as a result of the overconsumption of alcohol, and that they each did things while under the influence of alcohol that they later regretted. They expressed the opinion that alcoholics frequently suffer blackouts.
Dr. Jack Arbit, a clinical psychologist, interviewed petitioner, examined his history and gave him a series of neuropsychological and personality tests. Dr. Arbit opined that petitioner suffered from “alcohol dependence and chronic anxiety reaction.” He noted that petitioner is deeply committеd to AA and to reorganizing his life. He believed that petitioner has the ability to abstain from alcohol and to overcome the stresses and demands of life and the practice of law.
Dr. Arbit testified that blackouts typically occur as a result of the overconsumption of alcohol. He further testified that alcoholics suffer blackouts more frequently
Mary Larsen, a senior certified addictions counselor, met with petitioner on several occasions and reviewed his history. Larsen testified thаt petitioner was “just one of millions” who have performed violent or immoral acts while under the influence of alcohol. She stated that, in her experience, a large percentage of alcoholics suffer blackouts. She further stated that a large percentage of police officers who have undergone treatment for alcoholism have used their weapons when it was inappropriate to do so. Larsen concluded that petitioner is dedicated to abstinence and is taking the correct steps to remain sober. She opined that petitioner is not capable of performing bad or violent acts when he is not under the influence of alcohol.
The first issue presented for review is whether the hearing panel arbitrarily disregarded petitioner‘s evidence that he suffered an alcohol-related blackout on March 28, 1984. The hearing panel heard a great deal of evidence on the subject of alcohol-related blackouts. The evidence was comprised of the testimony of petitioner and the testimony of petitioner‘s lay and expert witnesses. Nonetheless, “[c]ertain members of the hearing panel experienced doubts as to the possibility that a ‘black out’ does occur as a result of the excessive consumption of alcohol.”
Petitioner presented two expert witnesses who testified that it is possible for someone to suffer a blackout as a result of the overconsumption of alcohol. In fact, both experts testified that blackouts are a common problem for alcoholics. There was no expert testimony to the contrary.
The Committee report and the record amply demonstrate to this court that the expert testimony on alcohol-related blackouts was not arbitrarily disregarded. In their concluding remarks of their report, the Committee noted that “[c]ertain members experienced doubts as to the possibility that a ‘black out’ does occur as a result of the excessive consumption of alcohol.” A doubt is simply an inclination to disbelieve. (Webster‘s Third New International Dictionary 679 (1986).) Disbelieving expert testimony does not mean that the testimony was arbitrarily rejected.
In addition, the record of the hearing before the Committee demonstrates that the Committee did not simply reject the testimony on alcohol-related blackouts in an arbitrary fashion. In fact, Committee member Robert F. Martwick expressed interest in blackout episodes and therefore asked petitioner‘s expert, Dr. Jack Arbit, about the behavior of persons who are in an alcohol-related blackout state. The other expert who testified on behalf of the petitioner, Mary Larsen, was asked questions about alcohol-related blackouts by the attorney
The second issue presented for review is whether the hearing panel‘s recommendation to deny certification was arbitrary. Petitioner bears the burden of proving that he possesses the good moral character and general fitness necessary for the practice of law. (In re DeBartolo (1986), 111 Ill. 2d 1, 5.) When a hearing panel concludes that a petitioner does not possess the good moral character and general fitness necessary for the practice of law and recommends to deny certification, the court will not reverse unless that recommendation was arbitrary. In re Ascher (1980), 81 Ill. 2d 485, 498; In re Latimer (1957), 11 Ill. 2d 327, 330; In re Frank (1920), 293 Ill. 263, 264; but see In re Loss (1987), 119 Ill. 2d 186, 193-94 (when the Committee recommends to certify the applicant, the court will not reverse unless the record shows by clear and convincing evidence that petitioner is neither rehabilitated nor fit to practice law).
It is apparent from the Committee‘s report and from the record of the hearing before the Committee that the Committee considered the totality of the petitioner‘s background, including his rehabilitation efforts since the incident of March 28, 1984, before concluding that petitioner did not possess the good moral character and general fitness necessary for the practice of law. The record is replete with information about petitioner which supports the Committee‘s determination that petitioner does not possess the requisite character to practice law. Therefore, we hold that the Committee‘s recommendation to deny certification was not arbitrary.
The Committee deemed the petitioner‘s arrest record to be significant. At the age of 14, in 1958, petitioner was arrested for riding in a stolen motor vehicle. He pleaded guilty to this offense in juvenile court and he
In 1972, petitioner was arrested as a result of a fight at a wedding reception. Petitioner was acquitted of this charge. In 1974, petitioner was arrested on a battery warrant which was issued as a result of petitioner‘s conduct in evicting a patron from a tavern. Petitioner was acquitted of this charge also.
Petitioner was charged with driving while intoxicated in 1974 and 1977. In 1974, he pleaded guilty to this offense and his driving privileges wеre revoked for one year. In 1977, he was found not guilty of driving while intoxicated, but his driving privileges were suspended for 90 days because he refused to take a breathalyzer test.
The Committee considered petitioner‘s conduct on March 27 and 28, 1984, to be the most significant factor which impacted upon his character and fitness. The petitioner was not able to testify about most of the events that transpired during the March 1984 incident, because he claimed at the hearing that much of the incident occurred while he was in an alcoholic-blackout state. Therefore, the hearing panel had to rely to a large extent on stipulations, and transcripts of the cause before the police board and the criminal division of the circuit court of Cook County.
We can understand why the Committee attached so much significance to the March 1984 incident because the testimony of petitioner and the circumstances surrounding the incident cast some doubt on petitioner‘s veracity. Since he cannot recall because of the blackout, petitioner‘s only explanation for his going to the Paxton Hotel
As it turned out, when petitioner arrived at the hotel, the briefcase did not contain the little bags of white powder that he was searching for. The briefcase contained over $1,000 in cash instead. The hotel clerk testified at the hearing that petitioner attempted to phone the police from the hotеl but that he was unsuccessful because the telephone switchboard was unattended. This would support petitioner‘s explanation that he was engaged in a drunken police raid. However, the very people he attempted to reach by phone, the Chicago police, met him outside his apartment almost immediately after the incident. Petitioner was questioned by Officer Michael Williamson outside his apartment. Officer Williamson asked petitioner what he had been doing that night. The petitioner did not say that he had confiscated money in a raid. Rather, petitioner stated that he was out having a good time and that he was on his way to Cicero. Petitioner‘s reply to Officer Williamson casts some doubt on the truthfulness of his explanation to the Committee that he was engaged in a drunken police raid.
The second reason relates to petitioner‘s testimony that he suffered an alcohol-related blackout in March 1984. Petitioner was ultimately convicted of misdemeanor theft. (
Honesty is an important factor in assessing a person‘s moral character. (In re Polito (1989), 132 Ill. 2d 294, 303.) Petitioner did answer his bar application completely and honestly. (See In re Mitan (1979), 75 Ill. 2d 118
On the subject of petitioner‘s alcoholism, it is clear from the record that he has overcome this problem. He attends AA meetings three times per week, he has held leadership positions within AA and he is generally an active participant in the organization. Petitioner states that he has dedicated his life to abstinence. As an example of his determination, he abstained from alcohol despite the trauma of his father‘s death in 1985. He is to be commended for his fortitude. While the petitioner may be rehabilitated, rehabilitation is only one factor, albeit an important one. (In re Loss (1987), 119 Ill. 2d 186, 196.) The Committee adequately considered petitioner‘s rehabilitation before it decided to deny certification. Petitioner‘s past misconduct cannot be lessened by his subsequent exemplary conduct. In re Berkley (1983), 96 Ill. 2d 404, 410.
For the reasons stated, the petition for admission is denied.
Petition denied.
JUSTICE STAMOS, specially concurring:
I agree with the majority‘s denial of the petition in the case at bar. However, I find, in some respects, the majority fails to squarely face the issues presented in this case. I therefore write separately.
The Committee‘s report and the majority opinion focus almost exclusively on the incident of March 27, 1984. Because of the outrageous nature of this incident, the Committee was forced to focus most of its efforts on petitioner‘s past in connection with both the particular incident in question and petitioner‘s history of alcoholism. After examining the Committee‘s report, I have determined that petitioner‘s testimony before the Committee about this incident, in light of the events and results of his trial for the criminal acts he allegedly committed that evening, raises some questions regarding petitioner‘s veracity. I will explain this later. However, even though I agree with the majority that the Committee reached its alleged “findings” regarding the expert testimony relating to alcohol-related blackouts without arbitrarily disregarding petitioner‘s expert testimony, I believe the majority failed to recognize how unimportant this issue is in relation to the evidence of petitioner‘s lack of moral character.
There is nothing arbitrary about denying this petition. There is ample evidence in the Committee report, unconnected to the incident of March 27, 1984, or peti
Further, petitioner lied on his application to law school. He failed to list a previous job and listed one prior position which he had not occupied. Again, petitioner testified that he falsified this information in order to “be seen in a better light.”
There is nothing in the record that shows petitioner‘s deceitful nature has any connection to his alcoholism. Rather, the record, particularly petitioner‘s own testimony, reveals a pattern of using fraud and deceit to further careеr objectives. The majority opinion fails to clearly articulate this point. Petitioner had argued that the Committee‘s decision to deny certification was based solely on petitioner‘s alcohol-inspired violent tendencies. However, the Committee report clearly shows that while much of the focus was on petitioner‘s alcoholism and alcohol-induced violent behavior, it also considered petitioner‘s general background and employment history, which revealed petitioner‘s history of prevarication. Therefore, based solely on petitioner‘s deceitful tendencies, I would deny certification.
The majority correctly mentions petitioner‘s rehabilitation from alcoholism. (139 Ill. 2d at 249.) Rehabilitation is indeed important. (Loss, 119 Ill. 2d at 196.) Petitioner argues that his case is “markedly different” from the Loss case in that the petitioner in Loss had a more egregious criminal record and history of dishonesty. However, the same misgivings regarding the Loss peti
I also agree with the majority‘s conclusion regarding how the incident of March 27, 1984, and its legal resolution casts some doubt on petitioner‘s veracity. Before I explain this, however, I must discuss the ambiguity caused by the majority‘s failure to exactly define the terms “alcohol-related blackout” (see 139 Ill. 2d at 244) or “complete blackout” (see 139 Ill. 2d at 246). To a lay person, a “blackout” could mean a temporary memory loss or a loss of consciousness. (American Heritage Dictionary 185 (2d College ed. 1985).) The majority never explains this. The Committee report contains summaries
Indeed, in his arguments before the court, petitioner made much of the hearing panel‘s “finding” that alcohol-related blackouts cannot occur. While I agree with the majority‘s conclusion that there was insufficient evidence to show that the panel arbitrarily rejected petitioner‘s expert testimony, to go no further leaves several questions unanswered.
First, petitioner argues the hearing panel concluded that no blackout had occurred. The majority opinion fails to address this argument. I find that the panel made no such “finding” of fact. The Committee report merely stated that “[c]ertain members of the hearing panel experienced doubts” regarding the factual existence of “blackouts” stemming from the overconsumption of alcohol. The report contains no evidence to connect this statement to the vote taken by the hearing panel. In fact, the Committee report noted that the hearing panel had reviewed all the evidence, including petitioner‘s police record, transcripts of his hearings before the police board and the trial court, and his general background. The majority opinion merely states that some of thе Committee members “expressed interest” in the blackout theory. (139 Ill. 2d at 251.) This begs the question. The majority should have focused on the totality of the
I also find that the majority‘s discussion of the March 27, 1984, incident and petitioner‘s conviction following that event does not clearly explain why these circumstances reflect poorly on petitioner‘s moral character. “An opinion of an expert is to be accorded such weight [as], in light of all the facts and circumstances of the case, reasonably attaches to it.” (Emphasis added.) (People v. Harvey (1919), 286 Ill. 593, 604.) While all the testimony regarding the possibility of alcohol-related blackouts went uncontradicted, the other facts and circumstances relating to petitioner‘s alleged blackout on March 27, 1984, leads me to conclude that the majority‘s conclusion that these events cast a pall on petitioner‘s veracity needs bolstering.
While not conclusive in and of themselves, there are several reasons why petitioner‘s credibility in connection with his testimony regarding the March 27, 1984, incident is at least somewhat doubtful; the majority touched on most of these. First, petitioner, while testifying before the hearing panel, stated he did not take drugs on the night of March 27; he stated that his blackout was solely alcohol induced. Yet, petitioner‘s defense at trial was predicated on “drug intoxication,” and one of petitioner‘s witnesses testified that petitioner was under the influence of drugs whеn the witness saw petitioner the morning of March 28. The record is unclear as to what petitioner‘s attorney meant by pleading “drug intoxication,” and we cannot determine the credibility of the witness’ testimony. While certainly not conclusive, this evidence adds to my impression that petitioner has habitually relied on falsehood to avoid the consequences of his past behavior.
The next two reasons relate to assessing whether petitioner‘s testimony regarding his suffering the blackout
These two determinations of the trial court could be seen as being at odds with what petitioner characterizes as a “complete blackout.” Theft was, at common law, a specific-intent crime. (
Petitioner was convicted of a crime which requires “conscious awareness” of his behavior, or at least “practical certainty” that his behavior will achieve a particular result. I find this logically inconsistent with the concept of a “complete blackout.” How could petitioner be “consciously aware” of his behavior on March 27, 1984, and perform the acts which consisted of the other elements of the crime of which he was eventually convicted, without being “consciously aware” of his behavior, as Dr. Arbit, one of petitioner‘s expert witnesses, testified before the hearing panel? Of course, as a court of review, we cannot determine whether this inconsistency is the product of petitioner‘s dishonesty or was caused by a strategy which petitioner‘s attorney used at trial. Thus, this problem, on its own, could not be a determining factor in our review of petitioner‘s character. However, I believe this inconsistency can only weigh against petitioner, in light of the other more obvious examples of petitioner‘s untruthfulness.
I find that the trial court‘s determination that petitioner thought he was acting in the line of duty is similarly inconsistent with the “blackout” testimony before the hearing panel. (See 139 Ill. 2d at 245-46.) A person who has a sincere belief—even if totally fanciful—and who acts intentionally under that belief cannot be said to be without conscious awareness of his actions. Yet, Dr. Arbit testified that petitioner was not consciously aware of what he was doing. Again, this logical inconsistency alone would not lead me to conclude that petitioner lacks the character required for bar admission, because we have no way of determining whether the trial judge‘s