I have a strong opinion on this case – this is a dreadful act of overreaching by the ARDC. Ms. Naughton and a friend were accused of disorderly conduct after a Cubs game in 2012. In 2013, she was tried and acquitted of all charges.
Now, in an atrocious abuse of prosecutorial discretion, the ARDC has filed charges alleging the same facts as were alleged in the criminal case.
Sadly, the criminal case is not res judicata. Nor will the acquittal prevent a prosecution. However, the ARDC must meet is burden of proof by clear and convincing evidence. It is hard to see the ARDC meeting that burden where the State’s Attorney could not meet the beyond a reasonable doubt standard.
Finally, this seems to be a huge waste of resources and effort considering the acquittal.
Again, this is my opinion. The prosecution illustrates an attorney discipline system that is overly harsh and pointless. Please note that none of these allegations have been proven. Indeed, they have been rejected by one court. Until there is a trial before a finder of fact, no one should rely on the allegations in the ARDC complaint.
One more thing: I don’t know any of the people involved.
Edward X. Clinton, Jr.