They learn to understand the effects of poverty and abuse on child development, and to respect cultural diversity and sensitivity. Each volunteer must devote 12 hours annually to additional in-service work.
Illinois CASA has 1,194 volunteers advocating for 3,181 children of all ages and ethnicity in the court system. For more information, call executive director Carol Weisheit at (309) 452-3646.
Franks praises court for death penaltycase rules
ISBA President Herb Franks has praised the Illinois Supreme Court for unanimously adopting rules submitted by its Special Committee on Capital Cases, chaired by Justice Thomas R. Fitzgerald. The text follows of Franks' letter that was published Feb. 3 in the Chicago Tribune.
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The Illinois Supreme Court deserves a great deal of credit for adopting new rules to improve the handling of death penalty cases in Illinois. They are a bold step in the right direction.
As the Tribune's Jan. 24 editorial noted, the court's action will help restore public confidence in Illinois justice. Public confidence in our system of justice is essential.
When Illinois re-enacted the death penalty in 1977, the state made a legal and moral commitment to the people of Illinois that, if executions take place in their name, they would be done right. The adoption of these rules, along with other actions by the executive and legislative branches of state government, demonstrate that leaders of our state take this commitment seriously.
The new Supreme Court rules will produce these improvements:
* Only lawyers with special skills and experience will be prosecuting and defending capital cases.
* Judges who preside over these cases will be specially trained.
* Prosecutors must identify for the defense any information they have that tends to negate the guilt of the accused, thus reducing the chance of pretrial or trial error.
* Prosecutors must provide early notice to the defense if the death penalty will be sought, and provide the basis upon which the penalty will be sought, which will allow the defense to better prepare for trial.
* The admissibility of DNA evidence will be governed by uniform guidelines to ensure that such evidence is presented competently and intelligently.
* Prosecutors are reminded that their duty is to seek justice, not merely to convict.
The Illinois State Bar Association researched and proposed the competency standards for lawyers five years of criminal trial experience, including no fewer than eight felony trials, at least two of which were capital cases.
We are pleased that the court adopted these standards, along with our suggestion that two qualified lawyers be appointed to represent an indigent capital defendant. Because of the high stakes in capital cases, it is only common sense that the lawyers involved should be the best available.
In addition to the action of the Illinois Supreme Court, the other two branches of Illinois government have been at work on the problems associated with the death penalty. Gov. George Ryan's blue-ribbon committee is holding hearings and studying all sides of the issue.
The Illinois General Assembly has created the Capital Crimes Litigation Act, a fund to provide both prosecutors and defense lawyers the resources necessary to search for the truth. The legislature also adopted a law to require preservation of DNA evidence and to permit its appropriate use in court.
All of these actions are a signal to the public that our laws will be fairly applied, The public expects and deserves nothing less.
Bar exam results needed to evaluatecurriculums
The ISBA Committee on Legal Education, Admission and Competence is concerned with the increasing percentage of law school graduates who fail to pass the examination for admission to the Illinois bar.
The committee's concern, however, is not so much with the cause of the continuing drop in the bar exam passage rate, which it says has "plummeted from its high point in 1995 of over 94 percent to its current rate of approximately 78 percent."
Instead, the committee hopes to prevail upon the Illinois Board of Admissions to the Bar to provide information the law schools need to correlate the failures of students with the content of educational curriculums.
"The current passage rate has caused a serious problem for Illinois law schools as significant numbers of their graduates fail the bar examination," Gary S. Laser, chair of the ISBA committee, wrote to the Board of Governors in October.
"In response, a number of law schools have become more focused on educating their students to pass the bar examination, to increase the bar passage rates of both first-time takers and repeat takers," said Laser, an associate professor at the Chicago-Kent College of Law.
The Board of Governors on Feb. 2 voted to permit the Legal Education Committee to request that the Board of Admissions release detailed bar exam results of students who failed to the law schools from which they graduated.
The information should include each failed student's name and the grades he or she received on each question in the bar exam, Laser said.
The law schools then would compare the results with students' transcripts to determine which courses were taken, which instructors taught the course, and what grades were given in them.
"Law schools are experienced in handling sensitive student information and can be expected to treat the results of the bar examination with the kind of sensitivity and concerns for privacy that it deserves and to which they treat other sensitive information," Laser said.
ISBA joins amicus in case on federal judge benefits
The Illinois State Bar Association on Jan. 3 joined several other major associations in the amicus curiae brief of a U.S. Supreme Court case that involves retirement contributions and compensation for federal judges.
The question in U.S. v. Judge Terry J. Hatter Jr., et al., (No. 99-1978) is whether Congress violated the compensation clause of Article III of the Constitution when it imposed a new tax that adversely affects only sitting federal judges.
The underlying issue is whether federal judges appointed before 1983 can be required to pay into social security and the mandatory federal retirement program, as are other federal employees and judges appointed since 1983, ISBA general counsel Dennis A. Rendleman told the Board of Governors on Feb. 2.
The issue appears to be a continuation of previous participation by ISBA in the 1999 case, Williams v. U.S., that relates to compensation for Article III judges and the impact of the Federal Ethics Reform Act.
Other associations joining in the Hatter amicus are the Chicago Bar, the Los Angeles County Bar, the Bar of San Francisco, the Bar of the City of New York, the New York County Lawyers, the Connecticut Bar and the Federal Bar Council.
New officials of the Attorney Registration and Disciplinary Commission appointed Jan. 8 by the Illinois Supreme Court are:
Benedict Schwarz II of West Dundee, chairperson of the ARDC to Dec. 31, 2001; he serves on the board of directors of the Lawyers' Assistance Program.
Leonard F. Amari of Chicago, chairperson of the Review Board to Dec. 31, 2003; he is a past president of the Illinois State Bar Association.
James E. Caldwell of Chicago and Melissa Chapman Rheinecker of Granite City, reappointed to the Review Board to Dec. 31, 2003.
Proposals due March 2 for Annual Meeting seminars
ISBA sections and committees have until Friday, March 2, to submit proposals for Law Ed Series seminars that will be presented during the 125th Annual Meeting from June 21 to 24 at The Abbey on Lake Geneva.
The Committee on Continuing Legal Education will review proposals for timeliness, diversity of speakers, and components on alternative dispute resolution, technology and ethics.
Application forms and more information may be obtained from assistant executive director David N. Anderson at the Illinois Bar Center in Springfield, (800) 252-8908.
The current schedule of spring Law Ed Series seminars follows. For registration information, refer to the announcement on pages 11 to 14 or call the CLE registrar at (800) 252-8908.
Friday, March 2, 1-4:30 p.m. Introduction to Grandparents Raising Grandchildren, by the Elder Law Section; Park Inn International, Urbana.
Friday, March 9, 9 a.m.-3:15 p.m. Vocational Rehabilitation, Medical Management and Return to Work, by the Workers' Compensation Section; Holiday Inn, Collinsville.
Saturday, March 10, 9 a.m.-3:30 p.m. Traffic Law Update, by the Traffic Laws and Courts Section; Renaissance Hotel, Springfield.
Friday, March 23, 9 a.m.-3:15 p.m. Vocational Rehabilitation, Medical Management and Return to Work, by the Workers' Compensation Section; Palmer House Hilton, Chicago.
Friday, March 23, 1-4:10 p.m. Civil Practice Update, by the Civil Practice and Procedure Section; Sheraton Four Points Hotel, Rock Island.
Friday, March 30, 8:30 a.m.-4 p.m. Secured Transactions Under the New Article 9 of the Uniform Commercial Code, by the Commercial, Banking and Bankruptcy Law Section; Eastland Suites Hotel, Bloomington.
Saturday, March 31, 9 a.m.-3:30 p.m. Traffic Law Update, by the Traffic Laws and Courts Section; Hyatt Regency Hotel, Oak Brook.
Thursday, April 5, 9 a.m.-4 p.m. Insurance Coverage Update, by the Insurance Law Section; Chicago Regional Office.
Friday, April 6, 9 a.m.-4 p.m. Family Law Update, by the Family Law Section; Holiday Inn, Collinsville.
Friday, April 6 Sentencing Enhancement Issues in the Wake of Apprendi, by the Committee on Corrections and Sentencing; ISBA Chicago Regional Office.
Thursday, April 19, 9 a.m.-4 p.m. Insurance Coverage Update, by the Insurance Law Section; Hotel Pere Marquette, Peoria.
Friday, April 20, 1-4:10 p.m. Civil Practice Update, by the Civil Practice and Procedure Section; ISBA Chicago Regional Office.
Friday, April 20, 9 a.m.-4 p.m. Family Law Update, by the Family Law Section; Radisson Hotel, Bloomington.
Friday, April 27, 9 a.m.-4 p.m. Crisis Conflict: Legal Issues in Preparing for and Responding to School Violence, by the Education Law Section; University of Illinois College of Law, Champaign.
Friday, April 27, 9 a.m.-4 p.m. Employment and Labor Law Update: Potential Tax Pitfalls in Starting a New Business, by the State and Local Taxation Section and the Labor and Employment Law Section; ISBA Chicago Regional Office.
Friday, April 27, 1-4:10 p.m. Civil Practice Update, by the Civil Practice and Procedure Section; University of Illinois College of Law, Champaign.
Friday, April 27, 1-4:30 p.m. Introduction to Grandparents Raising Grandchildren, by the Elder Law Section; Palmer House Hilton, Chicago.
Thursday, May 3, 9 a.m.-5 p.m. Key Corporate Law Issues for 2001, by the Corporation, Securities and Business Law Section; ISBA Chicago Regional Office.
Friday, May 4, 9 a.m.-5 p.m. An Overview of Administrative Law Practice in Illinois, by the Administrative Law Section; ISBA Chicago Regional Office.
Friday, May 11, 8:25 a.m.-12 noon Hot Topics in International Business and Domestic Relations, by the International and Immigration Law Section; ISBA Chicago Regional Office.
Friday, May 18, 1-4 p.m. An Overview of the Illinois Tort Immunity Act, by the Tort Law Section; Holiday Inn, Collinsville.
Friday, May 25, 1-4 p.m. An Overview of the Illinois Tort Immunity Act, by the Tort Law Section; ISBA Chicago Regional Office.
ISBA Mutual's claims record yields reward for insureds
The ISBA Mutual Insurance Co. has declared a dividend totaling $700,000 that will be divided during the first quarter of this year among policy holders with coverage in force as of Dec. 31.
Those who purchased new policies last year will receive pro rata dividends based on their effective dates. The checks are expected to be mailed in March.
Excellent claims experience and superior underwriting during 2000 contributed to the ability of the professional liability insurance company to pay the dividend, said board chair Christopher Mullen of Chicago.
President and CEO Jon W. DeMoss added that the dividend will reward ISBA Mutual insureds for their loyalty and dedication to the goal of providing a stable market for high-quality liability insurance and risk management services.
The company was founded by the Illinois State Bar Association in 1988 by Illinois lawyers to provide an alternative to commercial carriers that increased premium rates substantially.
Since its formation, ISBA Mutual has grown to $11 million in policy holder surplus. The declared dividend amounts to about 7.5 percent of earned premiums during 2000.
ISBA Mutual announced last year that it enhanced coverage for policy holders in disciplinary proceedings. Previously limited to $500 per policy, except by special endorsement, the coverage was increased to $5,000. The deductible does not apply.
Because coverage is provided for disciplinary actions, ISBA Mutual helps its insureds from the inception before a situation becomes a policy claim. Peer review of claims also is provided.
The company also announced recently that Kurt B. Bounds has joined the staff as director of sales. A Sangamon County native, he was regional marketing manager for Great American Insurance Co. in professional liability coverage for attorneys in Illinois and three other Midwest states.
A distance runner who qualified in 1992 for the U.S. Olympic marathon trials, Bounds ranked 14th among NCAA competitors in the 5,000-meter run. He counsels runners at North Central College.
Juvenile Justice guide honors JudgeKeshner for dedication to kids
A revised ISBA publication, "Caring for Kids: A Brief Guide for Parents to Juvenile Court Abuse and Neglect Proceedings," is dedicated to the memory of former 3rd Circuit judge J. Lawrence Keshner of Edwardsville, who died in November 1999.