In the legal profession, a license to practice is more than just a certification—it’s a badge of public trust. When an attorney’s personal conduct violates the law in a way that reflects poorly on their fitness for the job, the consequences from the disciplinary board can be severe. This was the case for Illinois attorney Jaroslaw Arkadiusz Szymański, whose repeated criminal acts of domestic battery and resisting arrest led to a lengthy, indefinite suspension from the bar.
The disciplinary action, brought by the Administrator of the Illinois Attorney Registration and Disciplinary Commission (ARDC), detailed two separate incidents of violence against his spouse, ultimately resulting in a two-year suspension and an indefinite period thereafter.
First Offense: Misdemeanor Battery (2016)
The first incident occurred in February 2016. A verbal argument between Szymański and his wife, Candice, escalated rapidly into a physical assault. The formal findings state that Szymański pushed his wife against a wall and placed his hands on her throat, causing a partial obstruction of her breathing and visible injuries, including scratches and redness.
Police noted a strong odor of alcohol on Szymański at the time of his arrest. Though initially charged with the felony of Aggravated Domestic Battery, he later pleaded guilty to an amended count of misdemeanor battery.
As part of his sentence, he was placed on 24 months of supervised supervision, which mandated abstaining from alcohol and completing a Domestic Violence Offender evaluation and treatment.
Second Offense: Domestic Battery and Resisting Arrest (2018)
Despite the previous criminal case and the conditions of his supervision, Szymański’s behavior repeated itself. In September 2018, after consuming a significant amount of alcohol, another argument ensued.
When his wife attempted to block him from entering their young daughters’ room, Szymański began punching her in the arm and attempted to punch her in the stomach. When police arrived to arrest him for Domestic Battery, he actively resisted the peace officers.
This second incident resulted in new charges and was deemed a serious relapse, demonstrating a failure to address the underlying issues, particularly alcohol dependency, that contributed to his violent behavior. An Emergency Order of Protection was subsequently issued for his wife and daughters.
The ARDC’s Indefinite Sanction
The ARDC concluded that Szymański’s actions constituted criminal acts that reflected adversely on his honesty, trustworthiness, or fitness as a lawyer, a violation of Rule 8.4(b) of the Illinois Rules of Professional Conduct. The repeated nature of the violence, coupled with the ongoing issue of alcohol abuse and his failure to maintain professional conduct, served as powerful aggravating factors.
In its final ruling, the Illinois Supreme Court ordered:
- A two-year suspension from the practice of law.
- The suspension would continue “until further order of the Court.”
The second part of the sanction—the indefinite suspension—is particularly punitive. It means reinstatement is not automatic. After the initial two years, Szymański must petition the Supreme Court and prove, through an evidentiary hearing before the ARDC, that he is fully rehabilitated, has successfully addressed his underlying issues (such as alcohol dependency), and is fit to practice law once again.
The case of Jaroslaw Szymański serves as a stark reminder that the ethical obligations of an attorney extend beyond the courtroom and into their personal life. Criminal behavior, especially that involving violence and substance abuse, is considered irreconcilable with the trust placed in a legal professional, resulting in a severe professional penalty.