Attorney responds to state complaint

KANKAKEE — A Chicago attorney under investigation by a state agency has answered its complaint of alleged misconduct of clients.

Bart Beals represents clients in Kankakee County court as well as U.S. District Court.

His attorneys — Samuel J. Manila and Stephanie Stewarts — filed Beals’ response Nov. 22.

The original report was filed with the Illinois Attorney Registration and Disciplinary Commission (ARDC) on Oct. 28.

ARDC operates under the authority of the Illinois Supreme Court.

At a later date, a hearing board will listen to arguments from the ARDC attorneys and Beals’ attorneys.

Beals denied sexually assaulting the wife of a client he was representing in a federal court case, the response document said.

The document said, “[Beals] has never been arrested, charged, or convicted of any crime in relation to [victim].”

There are no pending cases involving Beals in Peoria County where the alleged assault is to have occurred.

Beals said the sex was consensual, and that the woman’s son came home during. The son made his presence known as well as when he was leaving. The document said the woman did not cry for help or ask her son to stay.

According to the complaint, the sexual assault occurred on Oct. 22, 2021 at the residence of Beals’ client. The victim was the client’s wife [S.M.]. S.M. went to the hospital and had a rape kit completed, which the hospital gave to police.

S.M. said Beals tried to contact her several times on Oct. 22 and Oct. 23, 2021, the complaint said.

On Oct. 25, 2021, S.M. informed her attorney of the sexual assault and Beals’ calls, he told her she needed to file a report with police. She had told him she was hesitant about how it could affect Beals’ representation of D.M., the complaint said.

S.M. filed the report in January 2022, according to the complaint.

The attorney contacted Beals and told him to have no further contact with S.M. All communications should be made to the attorney. Beals agreed to not have any more contact, the complaint said.

Beals admitted to that paragraph of the complaint.

OTHER COMPLAINT COUNTS

ARDC also accused Beals with two counts of inappropriate sexual relationships with two clients, according to the complaint.

Beals did admit to parts of the other three counts in the complaint.

A fourth count included an allegation of a Kankakee County case in which Beals had a conflict of interest he failed to report.

Between March 2021 and October 2021, Beals is accused of having a relationship with a woman [with initials B.S.] that included her transmitting pictures of herself of a sexual nature to Beals, who paid her through an app on his phone, the complaint said.

Prior to July 27, 2022, B.S. and another woman, M.G. were arrested in connection with the same offense, the complaint said.

Beals filed his appearance for M.G. who was charged by the Kankakee County State’s Attorney’s office with unlawful possession of a controlled substance with intent to deliver. Also on July 27, 2022, B.S. was arrested and charged with unlawful delivery of a controlled substance, the complaint said.

“On or about August 29, 2022, the Kankakee County State’s Attorney tendered discovery to [Beals], including the names of the persons the State’s Attorney intended to call as witnesses in the case. B.S. was one of the persons that the State’s Attorney disclosed as a witness they intended to call,” according to the complaint.

In his response Beals said, B.S. was not in the State of Illinois and a fugitive, so there was no expectation she was going to be called as a witness.

At the time Beals received discovery from the state’s attorney and learned that the state’s attorney intended to call B.S., he knew that a conflict of interest existed and that he had a duty to advise the court, the State’s Attorney, and M.G., his client, the complaint said.

“[Beals] denies the allegations and further stating respondent did not believe a conflict existed unless and until B.S. was actually going to be a witness at a hearing or trial.

Between Aug. 29, 2022 and Sept. 8, 2023, Beals did not inform the state’s attorney, the judge or M.G,, that he had been in a relationship with B.S. and had paid her money for the photos of her, the complaint said.

On or before Sept. 8, 2023, the state’s attorney learned that Beals had previously communicated with B.S. via Facebook Messenger and that Beals transferred money to B.S.’s Cash App account after she sent the pictures of herself to Beals. The state’s attorney expressed concern that this was a conflict of interest that required Beals’ withdrawal as M.G.’s counsel, which Beals did on Sept. 8, 2023, the complaint said.

Beals informed the court that a non-waivable conflict of interest existed and required his withdrawal as counsel for M.G. The court allowed Beals to withdraw from the matter, the complaint said.

https://daily-journal.com/news/local/kankakee/attorney-responds-to-state-complaint/article_032081e0-b0c4-11ef-9da8-53ecf29a7e2e.html