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05/18/88 In Re Frank A. Anglin

May 18, 1988

IN RE FRANK A. ANGLIN, JR., PETITIONER.


SUPREME COURT OF ILLINOIS

524 N.E.2d 550, 122 Ill. 2d 531, 120 Ill. Dec. 520 1988.IL.784

Disciplinary proceeding

APPELLATE Judges:

JUSTICE MILLER delivered the opinion of the court.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MILLER

Frank A. Anglin, Jr., has petitioned this court for reinstatement to the roll of attorneys licensed to practice law in this State. The Hearing Board and Review Board have recommended reinstatement. The administrator of the Attorney Registration and Disciplinary Commission, pursuant to Supreme Court Rule 753(e)(6), has objected to reinstatement and has petitioned this court for leave to file exceptions to the report and recommendation of the Review Board. (107 Ill. 2d R. 753(e)(6).) We granted the Administrator's request and now consider the petition for reinstatement.

Petitioner was licensed to practice law in this State on June 4, 1952. He practiced law in Chicago from that date until September 22, 1970, when he was suspended from practice for five years for commingling the funds of a client with his own and for making a false representation to the bar association committee that investigated him. In re Anglin (1970), 46 Ill. 2d 261.

Shortly after his suspension, and in a matter unrelated to the suspension, petitioner was arrested, and then tried and convicted in the United States District Court for the Northern District of Illinois, for the possession of stolen securities and for the possession of a handgun during the commission of a felony. Petitioner was sentenced to terms of three years' and one year's imprisonment, respectively, for the commission of those crimes, with the sentences to be served concurrently.

While serving the sentences, petitioner was subpoenaed before a Federal grand jury sitting in the Northern District of Illinois to answer questions concerning the identities of others involved in the plan to sell the stolen securities. Petitioner refused to answer those questions at his initial appearance before the grand jury, and he refused again when questioned a month later. Petitioner continued his refusal to testify after receiving a grant of immunity, and he was then held in civil contempt. As a result of the contempt, petitioner spent 15 months in the Cook County jail in Chicago and 3 months in the Winnebago County jail in Rockford.

Petitioner's claim that the time spent by him in custody for contempt was to be credited against his initial sentences for the possession of the stolen securities and the possession of the handgun was rejected by the district court (Anglin v. Johnston (N.D. Ill. 1974), 378 F. Supp. 750), and by the court of appeals (Anglin v. Johnston (7th Cir. 1974), 504 F.2d 1165, cert. denied (1975), 420 U.S. 962, 43 L. Ed. 2d 440, 95 S. Ct. 1353).

While the appeal in the contempt proceeding was pending in Federal court, petitioner filed a petition in this court to remove his name from the roll of attorneys licensed to practice law in this State. He was disbarred on consent on September 30, 1974.

On October 19, 1984, petitioner filed in this court the present petition for reinstatement to the roll of attorneys. (107 Ill. 2d R. 767.) Citing petitioner's prior misconduct and his refusal to disclose even now the names of those who were involved with him in the stolen securities transaction, the Administrator of the Attorney Registration and Disciplinary Commission filed objections to petitioner's petition for reinstatement.

At the reinstatement hearing before a panel of the Hearing Board, petitioner presented the testimony of numerous witnesses who attested to his character, rehabilitation, and current knowledge of the law. The petitioner, however, when asked the following questions by counsel for the Administrator, gave the following answers:

"Q. From whom did you get the securities that were in your possession at the time of your arrest?

A. That is the question that I have always felt it would not be proper for me to answer. That is the question which is the proximate cause for me receiving a sentence of three years, an additional sentence of 18 months. I have refused to answer that question on grounds that -- on my feeling that no one should share my responsibility for the crime that I committed.

Q. From whom did you get the securities that were in your possession at the time of your arrest?

A. And I yet refuse to answer that question.

Q. Who else was involved in obtaining the 500 bearer bonds?

A. I refuse to answer that question.

Q. Is it correct that there were other ...


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