The lawyer who represented former Illinois State Trooper Matt Mitchell in his workers' compensation case has been censured for having inappropriate email contact with the arbitrator in the case.
The Illinois Attorney Registration and Disciplinary Commission's complaint against Kerry Irene O'Sullivan alleges she had ex parte communications with Worker's Compensation Commission Arbitrator Jennifer Teague, who was assigned to rule on the merits of Mitchell's claim.
"The Supreme Court of Illinois approved the parties' petition for discipline on consent censuring Ms. O'Sullivan," said Geri Dreiling, O'Sullivan's spokesman. "She continues to be available to represent workers compensation and personal injury clients. She will cooperate with the ARDC in the future pursuant to her professional obligations."
O'Sullivan, 36, is an associate with the St. Louis law firm Brown & Crouppen. The censure will not affect her law license, but is a public reprimand that will be on her record.
Mitchell was on probation from the State Police for reckless homicide in connection with a high-speed crash in November 2007 that killed Collinsville sisters Jessica and Kelli Uhl. He has since resigned.
The News-Democrat obtained copies of Teague's email's under the Illinois Freedom of Information Act after Mitchell's hearing was held at a different time and place than originally scheduled. She wrote to the court reporter in one email that she wanted to have the hearing "on the sly with no press."
Teague, of Shiloh, has since resigned as a state arbitrator and changed her last name to Carril.
O'Sullivan sent an email Oct. 14 to Carril and Assistant Attorney General William Schneider, who represented the public, stating she would not proceed with a hearing in the case because the state was disputing whether the claim is entitled to compensation. Emails later continued between O'Sullivan and Carril but excluded Schneider.
Carril responded to O'Sullivan, stating "Seriously???????? I cannot believe they are bringing this on themselves."
O'Sullivan responded: "The defense appears to be that he was acting so recklessly that it takes the `arising out of (his employment).' But by that argument, any goofus who pulls a guard off of a machine and then gets his hand chomped off is out of (workers' compensation), too," O'Sullivan wrote to Carril.
Carril, who was placed on leave just moments after she submitted her decision denying Mitchell's claim, also faces possible discipline from the ARDC. Her hearing is scheduled for April 12-13.
Two other lawyers also were accused of engaging in inappropriate electronic correspondence with Carril as well -- Elizabeth Barringer and Caryn Nadenbush, who worked for the St. Louis law Hennessy & Roach, had hearings last month.
The ARDC requested Barringer and Nandenbush both be suspended. Their cases are under advisement by the Illinois Supreme Court.
