A hearing board that is part of the disciplinary arm of the Illinois Supreme Court has recommended that the law license of former Springfield alderman Sam Cahnman be suspended for 90 days.
A hearing board for the state Attorney Registration and Disciplinary Commission found that Cahnman behaved dishonestly when he represented Calvin Christian III in nine traffic cases while Christian had a pending lawsuit against the city. Christian, who had been ticketed by city police, was suing the city for destroying police disciplinary files that he had requested under the state Freedom of Information Act.
Read the recommendation here. (PDF)
The hearing board did not find that Cahnman had a conflict of interest when he represented Christian and other clients in traffic cases stemming from stops by city police. The board, however, did conclude that Cahnman had acted dishonestly by participating in closed council meetings in 2013 where Christian’s lawsuit was discussed without informing the mayor or other alderman that Christian was a client.
The hearing board determined that Cahnman had “conflicting loyalties” when he participated in four council executive sessions where Christian’s lawsuit against the city was discussed.
“After weighing the credibility of witnesses, we find it impossible to believe that the Respondent, or any attorney acting in good faith, would not know that he had conflicting loyalties by attending those closed sessions of the city council at which the city’s strategy in litigation against one of the Respondent’s clients was discussed, and such conflicting loyalties must be disclosed,” the board wrote in its written decision issued today. “Respondent knew he had a fiduciary relationship with both his client Christian and the City of Springfield, and knew that such relationships included undivided loyalty to both.”
Cahnman can appeal the board’s recommendation for a suspension to an ARDC review board. The Supreme Court has the final say in disciplining lawyers. The Supreme Court last year censured Cahnman for misrepresenting his actions in obtaining part of a judge’s appointment calendar. In recommending a 90-day suspension, the hearing board determined that Cahnman’s prior misconduct was an aggravating factor. By itself, Cahnman’s attendance at four council executive sessions where aldermen discussed legal strategy in Christian’s lawsuit was serious, the board found.
“Respondent’s dishonesty did not consist of a single incident or a single lapse of sound judgment, but rather it occurred on four different occasions over a lengthy period of time,” the board found. “Respondent’s testimony showed that he does not understand the seriousness of a public official failing to disclose his conflicting loyalties in matters in which he is participating. … Additionally, Respondent did not show any remorse for his conduct.”
Cahnman represented
Ward 5 and lost a reelection bid last spring. In an email, William
Moran, Cahnman’s attorney, said that the former alderman is considering
whether to appeal the recommendation.
“My
client is pleased that the hearing board has recommended that all but
one of the charges filed against him by the administrator of the ARDC be
dismissed, including all of the allegations concerning conflicts of
interest,” Moran wrote. “Mr. Cahnman is disappointed in the one finding
made against him, in light of the ruling that he was not engaged in a
conflict of interest in violation of the rules.
The city ultimately settled Christian’s FOIA lawsuit for more than $100,000. Christian also sued the city in federal court, alleging that he had been stopped and ticketed by police in retaliation for seeking police disciplinary files via FOIA requests. That lawsuit was dismissed on Tuesday by U.S. District Court Judge Colin S. Bruce after Christian’s lawyers withdrew from the case and Christian failed to proceed with the matter.
“We are pleased that the case has been dismissed,” said Daniel Noll, a lawyer defended the city in the federal case. “The allegations that were made against the officers were frivolous and had no basis in fact. These officers acted appropriately and professionally at all times and should be commended for their outstanding police work.”
Read past coverage of Cahnman’s case here, here and here.
Contact Bruce Rushton at brushton@illinoistimes.com.
This article appears in Aug 20-26, 2015.
