On Wednesday, October 30, 2024, the Administrator of the Attorney Registration and Disciplinary Commission filed a two-count complaint against attorney Sara McClusky before the Hearing Board of the Illinois Attorney Registration and Disciplinary Commission.
The case is entitled “In the Matter of Sara McClusky,” with case no. 2024PR00067.
The charges cited Illinois Rules of Professional Conduct 1.3, 3.2, 3.4(c), 8.4(b), and 8.1(b) which states:
Failure to act with reasonable diligence and promptness in representing a client.
Failure to make reasonable efforts to expedite litigation consistent with the interests of the client.
Knowingly disobeying an obligation under the rules of a tribunal.
Committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.
Knowingly failing to respond to lawful demands for information from a disciplinary authority.
The Rules of Professional Conduct can be found here.
According to the complaint, McClusky was appointed by an Illinois Circuit Court in Massac County on October 13, 2023, to represent clients D.J. and E.J. in their appeals of a parental rights termination order issued on September 1, 2023. As the appeals were expedited, McClusky’s brief was initially due on November 8, 2023. However, she failed to file a brief or request an extension by that date.
The Fifth District Appellate Court then issued multiple orders directing McClusky to file her brief, including on December 5, 2023, with a deadline of December 20th, and again on December 29th allowing her an extra seven days. However, McClusky did not file any documents in response. On May 3, 2024, the Appellate Court ordered McClusky to file the brief by May 16, 2,024, and appear for a hearing on May 20, 2024, if she failed to do so. She did not file the brief or appear as directed.
As a result of her failures to comply with court orders, McClusky was found in direct criminal contempt on two occasions. She was fined $100 and the court ordered the Clerk to report her conduct to the ARDC. The complaint alleges McClusky’s actions violated various Illinois Rules of Professional Conduct relating to diligence, expediting litigation, obeying court rules, and committing a criminal act reflecting poorly on fitness as a lawyer.
The second count alleged McClusky failed to cooperate with the ensuing ARDC investigation. She did not respond to two letter requests for information or comply with an investigator subpoena to give a sworn statement. As such, the complaint claimed McClusky violated disciplinary rules requiring cooperation with lawful requests from regulatory authorities.
The complaint states:
“WHEREFORE, the Administrator respectfully requests that this matter be assigned to a panel of the Hearing Board, that a hearing be held, and that the panel make findings of fact, conclusions of fact and law, and a recommendation for such discipline as is warranted.”
According to the filing, Ms. McClusky acquired her law license in Illinois in 2021.
A copy of the original filing can be found here.
