On Tuesday, August 16, 2022, the Administrator of the Illinois Attorney Registration and Disciplinary Commission filed a complaint before the Hearing Board for attorney discipline against Elgin attorney Brandon James McNulty for his criminal convictions for operating while intoxicated.
The case, titled In the Matter of Brandon James McNulty, was brought by Illinois Attorney Registration and Disciplinary Commission, case #2022PR00064.
The charges cited McNulty’s violation of Rule 8.4(a)(b) of the Illinois Compiled Statutes, which states:
It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another.
The complaint enumerates the following allegations, to wit:
“‘On or about August 30, 2020, at approximately 5:15 PM, Respondent was driving on Carron Road north of Sturbridge Way in Elgin when Respondent swerved off the road and hit three mailboxes. Respondent’s vehicle came to a stop along the side of the road. The vehicle sustained heavy front-end damage. At the time of the accident, Respondent did not have a valid driver’s license and had that same afternoon consumed alcohol. At approximately 5:28 PM on the same day, Kane County Sheriff Deputy Schultz was dispatched to the site of the accident. When Deputy Schultz arrived on scene, he observed Respondent’s silver Chevrolet with heavy front-end damage and with the airbag deployed. Deputy Schultz also observed several mailboxes that appeared to have been destroyed by Respondent’s car. Deputy Schultz observed Respondent next to the car.”
“Deputy Schultz spoke with Respondent, who admitted driving the car. Respondent further admitted that he had been drinking earlier in the day while playing golf. While he spoke with Respondent, Deputy Schultz noted a strong order of alcohol on Respondent’s breath, observed that Respondent had difficulty maintaining his balance, and observed that Respondent was slurring his speech. Deputy Schultz administered standardized field sobriety tests, all of which Respondent failed. Deputy Schultz placed Respondent under arrest, and transported Respondent to the Kane County Jail. At the Kane County Jail, Deputy Schultz attempted to administer to Respondent a breathalyzer test, but Respondent refused to provide a breath sample. Deputy Schultz learned that Respondent did not have a valid driver’s license at the time he was driving the car.”
The complaint further alleges:
“Respondent had previously been found guilty of driving under the influence of alcohol in Du Page County on April 30, 2002, and was convicted of operating while intoxicated in Brookfield, Wisconsin, on January 16, 2012”.The filing additionally notes:
“‘On December 2, 2020, Respondent was indicted by a grand jury Kane County, which charged Respondent with two felony counts of driving a vehicle while under the influence of alcohol in violation of Chapter 625 Section 5/11-501(a)(2). Count 1 alleged that Respondent was driving a vehicle while under the influence of alcohol after he had previously violated Chapter625 Section 5/11-501(a)(2) or a similar provision on two previous occasions. Count 2 alleged that Respondent was driving a vehicle while under the influence of alcohol when he did not have a valid driver’s license'”
By reason of the conduct and convictions described above, Respondent has engaged in the following misconduct:
a. committing a criminal act that reflects adversely on his fitness as a lawyer, by conduct including committing and being convicted of the offense of operating while under the influence of alcohol (third violation), in violation of Chapter625, Section 5/11-501(a)(2) of the Illinois Compiled Statutes, in violation of Rule 8.4(a)(b)
The Administrator requests “that this matter be assigned to a panel of the Hearing Board, that a hearing be held pursuant to Rule 761, and that the panel makes findings of fact, conclusions of fact and law, and a recommendation for such discipline as is warranted.”
He attended the University of Illinois Chicago School of Law, graduating in 2005. McNulty practices in Elgin, Illinois. He has been licensed in Illinois, license number #6287872.
A copy of the original filing can be found here.
