On Tuesday, December 12, 2023, the Illinois Attorney Registration and Disciplinary Commission of Illinois filed a complaint against former Kendall County First Assistant State’s Attorney Mark A. Shlifka alleging several incidents of misconduct.
The case is entitled “In the Matter of Mark A. Shlifka,” with case no. 2023PR00076.
The charges cited Illinois Rules of Professional Conduct 1.7(a)(2), 8.4(b)(d) which states:
Engaging in a conflict of interest.
Committing a criminal act that reflects adversely on dishonesty, trustworthiness, or fitness as a lawyer in other respects.
Engaging in conduct that is prejudicial to the administration of justice.
The Rules of Professional Conduct can be found here.
According to the complaint, Shlifka began an inappropriate sexual relationship with a woman, referred to as J.N., in mid-April 2022. At that time, J.N. was both the victim in an aggravated battery case that Shlifka was personally prosecuting on behalf of Kendall County, known as The People v. Jose Aguirre, and a criminal defendant herself in an unrelated case of aggravated DUI and driving with a revoked license that was being prosecuted by the Kendall County State’s Attorney’s office. The complaint alleges Shlifka engaged in a conflict of interest by entering into the relationship without disclosing it to the court or his office. It also accuses him of misconduct by being present at an April 6, 2023, pre-trial conference for J.N.’s case without revealing his prior connection to her.
In another serious allegation, the disciplinary commission claims that between April and December 2022, Shlifka took nude and sexually explicit photos of J.N. without her consent while she was asleep. This activity could constitute criminal offenses of unauthorized video recording and battery. The complaint further notes that in December 2022, Shlifka purchased an airline ticket for J.N. so she could accompany him to a legal conference in Palm Springs, California, in violation of her bond conditions from her DUI case prohibiting out-of-state travel.
Shlifka resigned from his post as First Assistant State’s Attorney on April 24, 2023. The disciplinary matter is now before the Illinois Attorney Registration and Disciplinary Commission Hearing Board. If found guilty of misconduct, penalties could range from censure to disbarment. A hearing date has not been scheduled.
The complaint states:
“WHEREFORE, the Administrator requests that this matter be assigned to a panel of the Hearing Board, that a hearing be held, and the panel make findings of fact, conclusions of fact and law, and a recommendation for such discipline as is warranted.”
According to avvo.com, Mr. Shlifka attended the Chicago-Kent College of Law, Illinois Institute of Technology, graduating in 1988. He acquired his law license in Illinois in the same year.
A copy of the original filing can be found here.