Suspended attorney causes stir at Kane County jail
A Chicago attorney caused a little ruckus last week at the Kane County jail, where he was arrested two days in a row on misdemeanor trespassing charges.
According a sheriff’s report, David A. Bertha, 38, of the 9200 block of Constance Avenue, Chicago, was arrested Oct. 26 and 0ct. 27 after showing up at the jail in an attempt to visit a client being held there.
Because Bertha’s law license was suspended Aug. 22, he was denied entry, but refused to leave and was arrested, the report said. He returned the next day and was arrested again.
He is due in court Friday on the charges, which carry a penalty of anywhere from court supervision and fines to 364 days in jail if convicted.
A message left with Bertha was not returned.
According to the Attorney Registration and Disciplinary Commission of the Illinois Supreme Court, Bertha’s license was suspended for a year, but he has the ability to have the final eight months of the suspension lifted if he complies with an eight-month probation period.
Bertha was accused of breaching his fiduciary duty by signing over a $1,000 earnest money check to his father when the money was required to be deposited into a separate account. He also failed to turn over the money to a third party until the ARDC investigation, according to findings of an ARDC hearing board.
Bertha told the board his real estate business had not recovered after 2008 and he was struggling to pay $100,000 in student loans.
“Unlike many of the attorneys who have been suspended until further order of the court, respondent (Bertha) accepts responsibility for his misconduct, made restitution, has no prior discipline, and does not have mental health of substance abuse issues that would require him to prove his fitness before returning to practice,” the board concluded. “If respondent does not comply with the conditions of his probation, his license will be suspended for an additional eight months from the date on which the probation is revoked.”
Congrats to:The National Latino Peace Officers Assocation#146;s Aurora Chapter, which raised a more than $20,000 for scholarships in the 2nd Annual Tuition Knock Out and Top Cop. It was more than four times the amount raised in the inaugural event in 2012.The Oct. 27 fundraiser featured several boxing matches between area police officers, including Aurora Police Chief Greg Thomas and Elgin Police Chief Jeff Swoboda as the top draw. I enjoyed reading the banter on Facebook, especially from Elginites happy that Swoboda and Lt. Anna Lalley won their matches. Hopefully, organizers can put together another great event next year.