November 27, 2002
SPRINGFIELD -- A Downstate attorney on Tuesday became
the first lawyer in Illinois to be suspended for insulting opposing lawyers.
Marvin Gerstein, 62, of Urbana ran afoul of state
disciplinary authorities over letters he wrote in 1997 and 1998 in which
he called legal opponents names that included "punk" and "geekbreath" and
suggested they stick their letters to him "in that bodily orifice into
which no sun shines."
In August a state review board recommended suspending
Gerstein for 30 days. The board noted that Gerstein had been reprimanded
twice before, in 1991 and 1978, for making insulting or threatening remarks.
Gerstein appealed to the Illinois Supreme Court, arguing
that his harsh language was protected by the 1st Amendment.
The court let the suspension stand without comment.
The suspension takes effect immediately, said James
Grogan, chief counsel for the state Attorney Registration and Disciplinary
Commission.
The commission cited Gerstein for ethics violations,
including conduct "which tends to ... bring the courts or the legal profession
into disrepute."
Gerstein, a general practitioner who often represents
workers in litigation against their employers, could not be reached for
comment.
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