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While Applying for Tenn. U.S. Attorney Post, Attorney Claimed Illness Affected His Work

By Leah Nylen

The new Eastern District of Tennessee U.S. Attorney asked a court to reduce his alimony payments last year, saying a diagnosis of Parkinson’s disease made it difficult for him to do his job, the Chattanooga Times Free Press reported.

Bill Killian, a former sole practitioner at William C. Killian, Attorney at Law PC, was confirmed by the Senate last week to lead the Knoxville-based U.S. Attorney’s office.

According to the newspaper, Killian was diagnosed with Parkinson’s in January 2009 and sought to reduce his $4,000 a month alimony payments to his ex-wife, Becky Killian, whom he divorced in 2005.

Contacted this week, Killian said he had seen two other doctors who said he did not have Parkinson’s disease but parkinsonism, a related condition that causes abnormal movements.

?It only affected my work as a trial attorney, not in any other aspect of practicing law, if I was required to take notes for long periods of time,? Killian told the newspaper. ?It does not impair me at all doing the U.S. attorney?s job. I am working about 14 hours today, and I assure you, if I had Parkinson?s, I couldn?t do it.?

Marion County Chancery Court denied Killian’s petition to reduce the alimony payments. This week, a Tennessee appeals court affirmed that decision, saying Killian’s “neurological disorder” did not hamper his earnings enough for a decrease in the payment.

?[Killian] argues that Parkinson?s disease ?adversely affects his ability to earn a living,?? the appeals court opinion said. ?It is significant that [Killian] was not diagnosed with Parkinson?s disease until January 2009. … It is also relevant that, at the time of the hearing, [Killian] had applied for the position of United States Attorney and testified that he thought he could perform that job.?

For her part, Killian’s ex-wife said she believes he has Parkinson’s but that it will not affect his ability to be U.S. Attorney.

?I think he can do the job perfectly,? Becky Killian said. ?He was only trying to use that to get out of paying the alimony.”

Full post as published by Main Justice on October 08, 2010 (boomark / email).