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Sen. Sims’ attorney claims his client is being smeared by someone upset about his crime-reform bill

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* From the end of an Illinois Times story about how “A New Berlin man who admitted to pointing a handgun at state Sen. Elgie Sims as the two were driving separate vehicles in Springfield in March 2021 was sentenced to nine months of probation on Aug. 17″….

The Chicago Tribune reported in early August that Sims was approached by the FBI in its investigation of potential “influence peddling” by Axon Enterprise Inc. The Tribune reported that Axon, an Arizona law-enforcement technology company, hired law firm Foley & Lardner LLP to lobby the legislature. Sims is an of-counsel attorney at Foley.

According to the Tribune, “Investigators are looking into whether Axon – either directly or through other lobbying entities – improperly tried to influence Sims in his official duties as a member of the Illinois Legislature working on the criminal-justice legislation.”

Sims declined comment on the Tribune story.

His attorney, Thomas Anthony Durkin, said in a statement to IT: “There is a good reason federal investigations are required by law to be secret. It is to protect people who have not committed crimes. Senator Sims has committed no crime and has not been charged with any crime. Obviously, someone not happy with this historic and long overdue crime-reform bill – and many in law enforcement are unhappy – is baselessly attempting to smear Senator Sims’ good name and hard work by leaking this investigation.”

That’s a bold move.

posted by Rich Miller
Wednesday, Aug 24, 22 @ 10:54 am

Comments

And now an elected Democrat accuses the FBI of corruption. He must have read the papers this morning and changed tactics

How secret is the Mar a Lago seizure? The investigation has more leaks than the Titanic

Comment by Lucky Pierre Wednesday, Aug 24, 22 @ 11:01 am
===How secret is the Mar a Lago seizure? The investigation has more leaks than the Titanic===

“Because Trump”?

- Lucky Pierre -, I hope you have now stopped your “law and order” stuff.

The hypocrisy is even a lot for you if you try that again, lol

To the post,

Maybe it’s time for a reassessing why the FBI might be interested, and helping where one could is better than another visit at a time the FBI might need more of Sims’ time?

Comment by Oswego Willy Wednesday, Aug 24, 22 @ 11:08 am
advice from a lawyer I know…Tom Durkin is hired when you need to strike a plea.

Comment by Amalia Wednesday, Aug 24, 22 @ 11:10 am
Don’t you know that Lady Justice is blindfolded for a reason?

Leaks of FBI investigations are never ok no matter who is being investigated.

The Durham investigation of the origins of the Trump Russia probe has zero leaks.

Comment by Lucky Pierre Wednesday, Aug 24, 22 @ 11:15 am
The guy who menaced a legislator with a gun should have done prison time.

Comment by Big Dipper Wednesday, Aug 24, 22 @ 11:25 am
Durkin ran the same playbook with Rep Ford and got it down to a misdemeanor. But that was a different public corruption unit within the USAO. It’ll be interesting to see how this plays out.

Comment by Stung Wednesday, Aug 24, 22 @ 11:26 am
Is Meisner’s source even a law enforcement agent? There is so much speculation here. I admit I’m guilty of speculation too sometimes. It’s best to just let whatever investigation there is play out and not make any conclusions before then.

Comment by Three Dimensional Checkers Wednesday, Aug 24, 22 @ 11:41 am
To the attorneys here. What is an “of-counsel attorney”? We have a family friend who has been “of-counsel” at a law firm for many years and I never could get an answer of what that actually meant.

Comment by Highland IL Wednesday, Aug 24, 22 @ 11:46 am
“Leaks of FBI investigations are never ok no matter who is being investigated.”

I only learned about the FBI investigation of Donald Trump from Donald Trump when Donald Trump announced it on Donald Trump’s Truth Social platform, so take it up with him.

– MrJM

Comment by MisterJayEm Wednesday, Aug 24, 22 @ 11:55 am
“What is an ‘of-counsel attorney’?”

The attorney has a relationship with the firm, but is neither a partner nor an associate.

It’s a negative definition, i.e. it doesn’t tell you much of anything about what that attorney does, but it does tell you what that attorney ain’t.

– MrJM

Comment by MisterJayEm Wednesday, Aug 24, 22 @ 12:02 pm
The 9 month probation sentence is ridiculous. Erratic driving, targeting a state official, and a loaded weapon. Add in Hoyles questionable history. The States Attorney should be ashamed.

Comment by Stormsw7706 Wednesday, Aug 24, 22 @ 12:27 pm
Is this “of-counsel” akin to parking your law license at a firm while not using it but without marking it as “inactive”? This is the process infrequent, part-time real estate agents needed to do years ago to keep their license available at a moments notice to conduct business without having to do a bunch of paperwork (and delays). If so, then the investigation is more about Axon than anyone else.

Comment by From DaZoo Wednesday, Aug 24, 22 @ 12:30 pm
Probably an unpopular opinion with the commenters here but maybe legislators shouldn’t be allowed to practice law (or be ‘of counsel’) while also writing the laws.

Comment by Torco Sign Wednesday, Aug 24, 22 @ 1:09 pm
===maybe legislators shouldn’t be allowed to practice law (or be ‘of counsel’) while also writing the laws===

Citizen assembly. Farmers sponsor ag bills too

Comment by Rich Miller Wednesday, Aug 24, 22 @ 1:10 pm
I appreciate the attempts to clarify “of counsel”. Please keep clarifying/still murky.

The General Assembly passed an ethics reform package in the spring of 2021 (effective Jan 2022) that prohibits legislators from doing any lobbying work at other levels of government for an entity that also lobbies the GA. But apparently you can still be “of council” to an entity that lobbies the GA?

Comment by The Young Gov Wednesday, Aug 24, 22 @ 1:11 pm
A lot of time Of Counsel attorneys only work part time. Attorneys become Of Counsel after they retire to work part time. I don’t imagine Sen. Sims was working 40 hours a week at Foley and Lardner.

Comment by Three Dimensional Checkers Wednesday, Aug 24, 22 @ 1:18 pm
“Counsel” or “Of Counsel” can mean different things at different firms.

In some firms, it is a mid-point between Partner and Associate — a way to give senior (10+ year) attorneys a better title and more pay flexibility (i.e. taking them off the automatic pay raise schedule that exist for associates at most of the BigLaw firms in the major cities). At other firms, it can mean someone who has aged out of the partnership (i.e. hit a mandatory retirement age). It can also mean someone who is in some sense associated with a firm, but maintains a separate practice elsewhere.

Confusingly enough, I worked at a firm where “counsel” covered people in all three situations.

Also, in Illinois, you don’t need to actually be engaged in the practice of law to keep your license active — you just have to take your continuing education courses on a two-year cycle, and pay your license fee. As far as I know, being “of counsel” has nothing to do with keeping your license active.

Comment by NotNotAStateEmployee Wednesday, Aug 24, 22 @ 1:28 pm
=Citizen assembly. Farmers sponsor ag bills too=

Not to mention a gubernatorial candidate that runs a private school proposing vouchers for the same.

Comment by JS Mill Wednesday, Aug 24, 22 @ 1:40 pm
“As far as I know, being ‘of counsel’ has nothing to do with keeping your license active.”

The “of counsel” tag only addresses the attorney’s relationship with the firm.

– MrJM

Comment by MisterJayEm Wednesday, Aug 24, 22 @ 2:00 pm
you can keep your license active no matter where you practice…or not practice…by taking the required continuing education courses and pay your fee. Or let your license be inactive and take it up again, which is what Kim Foxx did as she was not an active attorney when she was doing all that criminal justice work for Preckwinkle.

Comment by Amalia Wednesday, Aug 24, 22 @ 3:49 pm
Of Counsel allows for the sharing of legal fees between the firm and the “of-counsel.”

Comment by Wheaton Wednesday, Aug 24, 22 @ 7:39 pm