Lawyer Suspended For Unprofessionalism Could Face More Discipline

AURORA, IL — An Aurora attorney was suspended from practicing law for a period of time in 2017 after displaying unprofessional behavior in two cases, including swearing in court in response to a judge's decision. Pending a hearing with the Illinois Attorney Registration and Disciplinary Commission, Alison Motta could face further punishment.

Accusations of eye rolling, visible reactions to testimony and audible comments in the presence of a jury are all detailed in a 14-page complaint filed with the disciplinary commission Nov. 17. Notable among them is an instance when Motta, a criminal defense attorney with Aurora-based firm Motta & Motta, called Judge Amy J. St. Eve's decision to overrule objections "f------ bull----," court transcriptions show.

According to documents, Motta said she didn't realize how sensitive the court microphones were when she made the comment, which took place in front of jurors.

The judge filed a complaint about Motta's continuous disruption during the two-week trial for the July 2017 case United States of America v. Vandetta Redwood, in which Redwood was charged after police said she handed a loaded gun to a minor who killed a 14-year-old in an after-school fight, according to reports from ABC7 Chicago.

A transcribed conversation in the same case shows an assistant U.S. attorney telling Judge St. Eve:

"[Motta] was visible in reactions and comments during the course of the trial. It started with the opening and continued through the witnesses, including audible remarks commenting on questions and commenting on testimony, commenting on the veracity of testimony It is audible, and it is inappropriate."

The transcription continued: "It is: A, distracting to the jury; but, also, it is improper for Ms. Motta to be essentially making arguments or testifying herself or commenting on testimony in an audible way. She appears to be talking to herself. We ask the Court to direct her to stop."

The judge told Motta to consider moving her microphone away from the table and suggested she "control your emotions" in the courtroom, documents show.

In the same case, Motta was caught and admitted to taking cell phone photos of evidence presented during the trial, which violated court rules, according to the complaint.

An executive committee first disciplined the attorney for unprofessional behavior on May 7, 2017, suspending Motta from practicing law in the Northern District of Illinois for 90 days, after which she was automatically reinstated. She was also prohibited from serving as lead attorney on any trial for a year, after which she was able to petition to be reinstated, documents show.

"The Executive Committee found that Respondent intended to disrupt the trial because the misconduct occurred so many times, and after so many warnings," the complaint reads.

From there, the order was forwarded to the disciplinary commission, which can decide to impose further discipline pending a hearing. A date has yet to be set for such a hearing, according to Sharon Opryszek, a senior litigation counsel for the organization who signed the complaint.

"As the Respondent has not yet answered the complaint nor filed her witness list, I would not wish to speculate at this time," Opryszek said of possible additional disciplinary actions.

Patch reached out to Motta and her law firm requesting comment but has not received a response at the time of publication. Any comment received will be included here.

In another instance detailed in the complaint, Motta served as an attorney in a 2013 trial for Anthony Garcia, who was arrested in Illinois in July 2013 in relation to the murder of four people in Omaha, Nebraska, two in 2008 and two in 2013.

Documents show Motta made statements to several news outlets, violating an order of protection that barred her from disclosing information regarding the case. As a result, a judge removed her from the case.

Once a hearing is set, Opryszek told Patch its length will depend on several factors, including how many witnesses are called to testify.