MARC O'BRIEN McCONNEY, Champaign: McConney, who was licensed to practice in 1996, was disbarred on consent after he was convicted of mail fraud in federal court in Chicago. He forged his incapacitated grandmother's name to several checks and used the proceeds, more than $30,000, for his own purposes. He also signed his grandmother's name to a power of attorney form and used that fraudulent form to sell his grandmother's property and to transfer to himself her $100,000 certificate of deposit.
JAMES BERTUS MILLER, Aurora: Miller, who was licensed in 1978, was censured. He failed to prepare or file a bankruptcy petition for one client and a dissolution of marriage petition for a second client. He also failed to keep both clients informed concerning the status of their matters.
DAVID H. ORTIZ, Chicago: Ortiz, who was licensed in 1989, was disbarred. He misappropriated settlement funds from a minor and converted escrow funds he was holding in a real estate matter, neglected numerous client matters, failed to refund unearned fees, failed to communicate with clients, made false statements to clients, and failed to cooperate in the disciplinary proceeding. He was previously suspended for three years for misconduct.
DUNCAN T. SMITH: Smith, who was licensed in 1989, was suspended for three years and until further order of court, and ordered to pay restitution. He was convicted of driving under the influence, and possessing cocaine and drug paraphernalia. He also misappropriated $4,000 in client funds and did not cooperate in the disciplinary investigation. He was suspended on an interim basis on Oct. 21, 1999.
CHARLES McQUILLEN THOMSON, Chicago: Thomson, who was licensed in 1987, was suspended for three years and until further order of court with the suspension stayed by probation after three months. He neglected eight client matters and also failed to refund a fee paid by the client which he did not earn.
JUDITH ANNE TOOHILL, Farmington: Toohill, who was licensed in 1975, was censured. She advised clients they could ignore the provisions of their late mother's will, concealed the will, prepared legal documents to open an intestate estate, and made misrepresentations to the court concerning the existence of the will.
In addition to the cases noted above, the Supreme Court entered the following disciplinary order before the November term. It was not included in any prior information released.
ALAN CHARLES SCHAEFER, Hoffman Estates: Schaefer, who was licensed in 1985, was suspended on an interim basis and until further order of court. He had been charged with neglecting a client matter, failing to promptly refund an unearned fee, lying to a client regarding the status of his case after judgment had been entered against the client, falsely informing a client that he would pay the costs of an accounting firm that prepared a financial report for use in the client's litigation, and entering into several loan transactions with a client without adequate disclosures. A recommendation that he be suspended for three years and until further order of court is pending. He was previously suspended in 1999 for unrelated misconduct.
Cabins available for May Portugal-to-Spain cruise
A few choice outside cabins remain for late bookings on the ISBA Mediterranean cruise next May from Lisbon to Barcelona aboard the four-masted, 148-passenger "Wind Star" sailing vessel.
Carrousel Travel is still offering accommodations at the discounted prices of $2,975 per person, double occupancy for upper passenger deck cabins, and $2,850 p.p.d.o. for lower passenger deck cabins. Call (800) 800-6508 for details.
These prices include everything ground transfers, seven nights on the ship, all on-board meals and port charges except round-trip airfare, which is $675 on KLM. Brochures with registration forms are available in ISBA offices.
The itinerary calls for a Saturday, May 12, departure from Chicago for the overnight flight to Lisbon. Passengers will board the Wind Star at 3 p.m. Sunday, May 13, and set sail at 5 p.m. The day-by-day schedule follows.
May 14 Dock from 8 a.m. to 5 p.m. at Portimao on the southern coast of Portugal for sightseeing, shopping (handmade leather, copper and porcelain items) and lunching at an outdoor cafe.
May 15 Dock from 10 a.m. to 6 p.m. at Tangier, Morocco, for exploring the old town marketplace (carpets, spices and hard-bargaining merchants) or visiting the mysterious Kasbah.
May 16 Enter the Strait of Gibraltar and dock from 8 a.m. to 6 p.m. at Marbella, Spain, the resort jewel of the Costa del Sol.
May 17 A day at sea to enjoy features of the Wind Star, such as the fitness room, sauna, outdoor saltwater pool, hot tub and casino.
May 18 Dock from 8 a.m. to 11 p.m. at Ibiza, Spain, where winding streets in Dalt Vila (High Town) lead to a 14th century cathedral for panoramic views of city and sea.
May 19 Dock from 8 a.m. to 4 p.m. on the small Balearic island of Spanish Menorca, where steep cliffs overlook the harbor and British style reflects its past.
May 20 Arrive at Barcelona at 7 a.m. to prepare for the return flight to Chicago.
A pre-cruise Lisbon city tour option is offered from May 10 to 13, with accommodations May 11-12 at the Four Seasons Ritz Hotel. The price is $495 p.p.d.o.
An optional post-cruise Barcelona city tour option is available from May 20 to 22, with two nights in the Hotel Le Meridien. The price is $450 p.p.d.o.
Fall 'Golf Ireland' tour includes Ryder Cup
Carrousel Travel, an ISBA-affiliated travel program coordinator, is offering a special "Golf Ireland" and Ryder Cup tour from Sept. 21 to Oct. 1.
The land package for golfers, at $3,660 per person double occupancy, includes playing at Old Head, Lahinch, Ballybunion, Tralee and Waterville, and guaranteed entry to Ryder Cup competition Sept. 29-30 at Belfry. The non-golfer price is $3,140 p.p.d.o.
Land package features are nine nights of deluxe and first class accommodations, full Irish or English breakfasts daily, a welcome reception and dinner at Adare Manor, a dinner in Cork, and a farewell dinner in Birmingham, England.
A Carrousel travel escort will accompany the entourage. Transportation between stops will be via deluxe coach, and the package also includes porterage of baggage at airports and hotels, all taxes, and gratuities for drivers and guides.
Airfare from Cork to Birmingham is part of the inclusive package, but trans-Atlantic airfare, golf cart charges and caddy hires are extra.
To obtain complete information and make advance reservations, call Carrousel at (800) 800-6508.
By Jim Covington
Director of Legislative Affairs
The General Assembly has concluded its fall veto session by acting on the following legislation.
Burglary, Home Invasion, and Domestic Battery. House Bill 861 does four things. (1) The injury element of the home invasion statute is expanded to include the definition of a sex offense. (2) If a defendant commits, in the presence of a child under the age of 16, an enhanced felony domestic battery, aggravated domestic battery, aggravated battery, unlawful restraint, or aggravated unlawful restraint against a family or household member, the defendant must be imprisoned for at least 10 days and perform 300 hours of community service, or both.
(3) The burglary statute is amended to exclude residential burglary as an included offense of burglary. (4) The residential burglary statute is amended to allow for burglary as included offense and expands residential burglary to include "knowingly and without authority remains within" the dwelling place of another "or any part thereof."
Governor Ryan's amendatory veto recommends making home invasion a Class X felony if criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse is committed against a person within the dwelling place. The General Assembly accepted Gov. Ryan's amendatory changes, and the bill will become law June 1, 2001.
Kicked Out of School. Senate Bill 1426 allows a trial court, as part of an order of probation, to order a minor to attend a different school than the school in which the offense was committed if he or she is placed on supervision for a crime of violence. The bill also provides an option for individual school districts to implement a policy that would ensure that a child serves a full term of a suspension or expulsion from school, with an option for alternative education.
The General Assembly failed to override Gov. Ryan's total veto of this bill, which kills the bill. Governor Ryan vetoed SB 1426 because it would allow a school district to implement a policy that would force an expelled student to serve the full term of expulsion without allowing the district to admit the student to the school before the full term of the expulsion is completed.
Criminal Defacement of Property. Senate Bill 1382 requires a court to impose a mandatory fine of $500 and the actual costs incurred by the property owner for costs associated with repair, remediation, abatement, or clean-up of the property. This would be in addition to any other punishment currently allowed by law. Governor Ryan's amendatory veto recommended that persons convicted of a Class 3 or Class 4 felony be subject to a mandatory minimum fine of $500 instead of a fine of exactly $500. The General Assembly accepted this change and the bill will become law June 1, 2001.
Apprendi v. New Jersey. House Bill 1511 is the prosecutors' answer to Apprendi v. New Jersey. It requires any fact that is not an element of an offense but used to enhance the penalty must be charged and proved beyond a reasonable doubt. It also provides that if a sentence is "vacated" on appeal or collateral attack because of Apprendi, either the defendant may be re-sentenced to a term within the range otherwise provided, or if the State files notice of its intention to again seek the extended sentence, the defendant must be given a new trial. House Bill 1511 passed out of the Senate, and the House must do the same on Jan. 8 or 9 for it to become law.
Stephen Anderson
Editor
'Do what is right'
'Tis the season! Called "Advent" in the Christian eschatology, it commemorates the birth of one who millions of people believe was sent to redeem the world, and the anticipation that one day another may come to judge the world.
The promise of what comes next makes this time of year a season of hopeful waiting. Metaphorically, will the foretold seven trumpets of a second advent accompany a libretto of milk and honey, or of fire and brimstone?
Pastor Thomas Henry of St. Pauls on Orchard Street used "Are We There Yet?" as his December 3 sermon theme, and based it on a text from Isaiah that includes the messianic prophecy: "with righteousness shall he judge the poor, and reprove with equity for the meek of the earth. . ."
The sermon hymn, written 150 years ago by a Boston minister to emphasize social implications of the Gospel, contains the lines, "For lo, the days are hastening on, by prophet bards foretold, when with the ever-circling years, comes 'round the age of gold."
Coincidentally, Albert Gore was listening that same morning to Pastor Martha Phillips of Mt. Vernon Baptist Church speak to the advent topic, "A Time of Waiting."
Truly, we have much to await as the second biblical millennium rolls around on January 1, 2001. (By the way, did we miss the memo, or is there to be no appropriate worldwide ovation as midnight scampers across 24 time zones on December 31st?)
Aside from the eventual end of recountability, the Pyrrhic victory of one presidential candidate, and the political permutations of checks and balances in the Senate, we have an advent of sorts in Illinois three first-year justices on the Supreme Court.
Each brings strong values and talents to enhance the integrity and function of the court: Thomas Fitzgerald's creativity and practical leadership skills, Thomas Kilbride's pro bono background and expressed interest in administrative responsibilities, and Bob Thomas' enthusiastic will to succeed with virtuosity.
In his eloquent remarks after taking the oath on December 4, Justice Fitzgerald wrapped up his philosophy of life and law with the four words atop this column: "Do what is right." Simple words, but profound when uttered by one who says what he means and means what he says.
Fitzgerald credits this aphorism to the principled spirit he encountered as an assistant state's attorney. The office and its prosecutors, and indeed the system, profited from the nobility of Daniel Ward, John Stamos, Edward Egan and Louis Garippo.
"Do What Is Right" should be placarded in every law office and graven on the facades of all courthouses. It makes a whole lot more sense than the vaguely coined "Equal Justice Under Law."
As if to elaborate, Fitzgerald revealed that he has consecrated a fail-safe, super-screening committee to grant imprimatur to quality candidates for judicial vacancies. That Gino DiVito, our own champion of a merit-based judiciary, chairs this cardinal crew, is a double blessing.
Benjamin Miller is the only other justice who shares his appointive duties with blue-ribbon peers, and Thomas Moran paved this pathway years earlier. Perhaps the minority voice will become a majority chorus in the new year.
Charles Dickens didn't deal much in compliments when he wrote cynically about the law in dreary England, but he did close his famous fictional advent lesson with a wish we'll share: "God bless us every one!"
And make "Do what is right" your first resolution for the true millennium.
Speaking of prosecutorial nobility...
From whence came the contentiousness of so many county state's attorney elections this year? Quite a few chips flew from the foundation of integrity upon which this institution is balanced.
Meg Gorecki became the first woman state's attorney in Kane County, but it wasn't easy. Not only was she opposed by a Democrat who didn't bother to run in the primary, but many Republican politicos became turncoats. An ambiguous, dated tape recording muddied the track, but she won by a 2,300-vote nose.