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In Re Schwarz

OPINION FILED MARCH 21, 1972.

IN RE TERRELL SCHWARZ, ATTORNEY, RESPONDENT.


Disciplinary proceeding.

MR. JUSTICE SCHAEFER DELIVERED THE OPINION OF THE COURT:

Rehearing denied May 25, 1972.

This matter is before the court upon the exceptions of the respondent, Terrell Schwarz, to the report and recommendation of the Committee on Grievances and Board of Managers of The Chicago Bar Association, sitting as Commissioners under Rule 751. (Ill. Rev. Stat. 1969, ch. 110A, par. 751.) The report recommended that the respondent be disbarred.

The respondent testified under subpoena in a criminal prosecution against one Louis Kizas, then an associate judge of the circuit court of Cook County. Before he testified an order was entered granting him immunity. (Ill. Rev. Stat. 1969, ch. 38, par. 106.) This disciplinary proceeding is based upon the testimony that he gave at that time, the important portion of which is as follows:

"Q. And what if anything occurred at that time in the parking lot?

A. In the parking lot I engaged in some conversation with Judge Kizas to the effect of thanking him for coming out, and I shook hands with him.

Q. All right. Prior to your shaking hands with him, what if anything did you do?

A. I had folded five $10 bills into a small wad in my palm.

Q. You say your palm, the palm of which hand?

A. My right hand.

Q. And then what did you do?

A. Then I shook hands with Judge Kizas.

Q. Did you shake hands with your ...


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