MARION, Ill. (AP) — The Illinois Supreme Court censured a former long-time southern Illinois state’s attorney over comments he made during a 2011 murder case.
The Illinois Attorney Registration and Disciplinary Commission on Monday announced the state high court’s decision regarding former Williamson County State’s Attorney Charles Garnati. He has been disciplined following the commission’s determination that he made “improper and racially based opening and closing arguments” during the prosecution of a black man.
In a February disciplinary complaint, Garnati is accused of making the racial comments during Marcus Marshall’s trial that may have swayed the all-white jury. Marshall, 32, of Creal Springs was sentenced to 85 years in prison in the August 2010 slaying of LaQuinn Hudson.
Two years later, an appellate court reversed the conviction after it found Marshall was denied the right to a fair trial because the state’s “use of race was an egregious and consistent theme throughout the trial.” A new trial was ordered but has yet to be held.
The commission, a Supreme Court agency that oversees allegations of wrongdoing, cited several remarks made by Garnati during Marshall’s trial, including, “to understand the black community here in Marion,” in his statement about the community’s unwillingness to cooperate with law enforcement.
Garnati, the longest-serving state’s attorney in Illinois, stepped down earlier this month after more than 30 years in office. He decided to resign because of health concerns, Garnati said, and not because of the allegations. But he disagrees with the censure, he said.
“It’s a situation where I didn’t feel I was doing anything improper,” Garnati said. “They apparently felt I did, and they’re the boss and slapped my wrist. We’ll go on.”
A censure doesn’t prevent a lawyer from continuing to practice, it simply reflects the determination that he or she engaged in misconduct, according to the Attorney Registration and Disciplinary Commission.
Garnati plans to open his new Marion office for private practice in about a week.
Also, attorney Lino John Menconi of Schaumburg was disbarred on Friday, the commission said. The commission previously found he kept thousands of dollars that should have gone to clients.
