Latest / Kendall County News - Shaw Local / Commission recommends suspension of law license for former Kendall County assistant state’s attorney
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- 0:05Speaker 1: Commission recommends suspension of law license for former Kendall County
- 0:09Assistant State's Attorney. Written by Eric Shelkoff, This article is
- 0:15being read by an automated voice brought to you by Everlett.
- 0:20The Illinois Attorney Registration and Disciplinary Commission has recommended that
- 0:24former Kendall County First Assistant State's Attorney Mark Schlifka have
- 0:28his law license suspended for three years starting in February.
- 0:32The suspension comes amid allegations he had been involved in
- 0:35an improper romantic relationship with a woman he was representing.
- 0:39The recommendation is to have his license suspended for three years,
- 0:43starting February fifth and ending February fourth, twenty twenty nine.
- 0:47The termination date is subject to modification by the Supreme Court.
- 0:51He would not be able to practice law while his
- 0:54license is suspended. While serving as a First Assistant State's Attorney,
- 0:58he engaged in a conflict of interest by having a
- 1:00sexual relationship with a woman who was the victim in
- 1:02a domestic violence case that he was prosecuting for the
- 1:05state and who was the defendant in a criminal case
- 1:07handled by a prosecutor whom mister Schlifka supervised. The Aritstate
- 1:12states on its website he also engaged in criminal conduct,
- 1:15namely unlawful video recording by taking nude photographs of that
- 1:19same woman while she was asleep and unable to consent.
- 1:23The Hearing Board of the Illinois Attorney Registration and Disciplinary
- 1:26Commission had recommended the suspension. Schlifker resigned in April twenty
- 1:30twenty three amid allegations that between March twenty twenty two
- 1:34in March twenty twenty three, he had been involved in
- 1:37an improper romantic relationship with a woman who had been
- 1:40the complaining witness and victim in two domestic battery cases
- 1:44and recently the defendant in a dui case. Shlifka apologized
- 1:49to his colleagues in an email the day he resigned.
- 1:51Records show I apologize to each and every one of
- 1:55you for letting you the office and all that we
- 1:57stand for down, Schlifka wrote in an email obtained in
- 2:01response to an Illinois Freedom of Information Act request. In
- 2:05December twenty twenty four, an appellate court upheld a judge's
- 2:08decision to dismiss Kendall County State's attorney Eric Weiss from
- 2:12a lawsuit filed against Shlifka by the woman. The cases
- 2:16were being prosecuted by the Kendall County State's Attorney's Office,
- 2:19and Shlifka was aware of the woman's involvement in them,
- 2:22according to a lawsuit she filed against Shlifka and Weiss.
- 2:26In the opinion, an appellate court upheld de Kelb County
- 2:30Chief Judge Bradley Waller's previous ruling to dismiss Weiss from
- 2:34the lawsuit that alleged he knew Shlifka had been involved
- 2:38in an improper physical relationship with the woman. The facts,
- 2:42as alleged in the plaintiff's amended complaint demonstrate most that
- 2:45Vice should have known that there was an inappropriate relationship
- 2:48between Shlifka and the plaintiff. According to the opinion, this
- 2:51does not amount to an allegation of knowledge that gender
- 2:53related violence was occurring or was even foreseeable, nor does
- 2:57it constitute a factual allegation that Vice as acted in
- 3:00any way to encourage or assist such violence. The American
- 3:04Bar Association has rules prohibiting a prosecutor from engaging in
- 3:08any inappropriate personal relationship with any victim or other witness
- 3:13in an amended lawsuit before Waller. The woman claimed that
- 3:16Weiss saw her and Shlifka together on at least two
- 3:19occasions and knew the plaintiff by sight in this small
- 3:22community to be a defendant in a criminal case pending
- 3:25in Kendall County. Defendant Weiss remained silent, and his silence
- 3:29should be viewed as approval and acceptance of Shlifka's inappropriate
- 3:33relationship with the plaintiff, according to the lawsuit, The appellate
- 3:37court and its ruling said there was nothing about the
- 3:40interactions allegedly observed by Weiss that should have put him
- 3:43on notice that Shlifka had sexually assaulted the plaintiff, Nor
- 3:48were there any allegations that acts of violence or other
- 3:50misconduct occurred where Weiss could have observed or learned of them.
- 3:53According to the ruling, without more, the mere allegation that
- 3:57a state's attorney uproviser observed his assistant state's attorney employee
- 4:00in public twice with a female criminal defendant who was
- 4:03also a complaining witness in another matter is insufficient to
- 4:07establish that an act of sexual assault or battery by
- 4:09that prosecutor was foresee The next hearing on the case
- 4:13is set for ten am March nineteenth in front of
- 4:16Waller