Scheduled speakers are ISBA Second Vice President Terrence J. Lavin, Chief Judge Timothy C. Evans of the Cook County Circuit Court, and Martin J. Healy Jr., past president of the Illinois Trial Lawyers Association and member of the ISBA Assembly.
The program will open at 12 noon with overviews from John P. Scanlon, chair of the Tort Law Section Council, and Angela Imbierowicz, chair of the Civil Practice and Procedure Section Council.
At 12:05, Martin Healy will speak on The Three-tiered System of Categorizing Witnesses Under Amended Rule 213(f), starting with who is a lay witness and what disclosures are required.
He will continue with qualifications of independent expert witnesses and required disclosures, and definition of a controlled expert witness and the level of disclosure needed.
At 12:30 p.m., Terrence Lavin will review Limitations on Testimony and the Freedom to Cross Examine Under Amended Rule 213(g).
At 12:55 p.m., Timothy Evans will provide a view from the bench on Practical Application of Amended Rule 213.
Advance registration is required with payment of the $20 fee. Checks or registration with MasterCard or Visa data may be mailed to Becky Havrilka at the Illinois Bar Center, 424 S. Second St., Springfield, Ill. 62701. Credit card registration may be made by facsimile to Havrilka at (217) 525-0712. For more information, call her at (800) 252-8908.
Judicial polls, screening to continue, board votes
By Stephen Anderson
With overwhelming concurrence from participants in the Future of the Courts Conference, the ISBA Board of Governors voted April 19 in Chicago to continue conducting evaluations and polls on qualifications of judicial candidates.
Reviewing direct and indirect costs of judicial advisory polls and evaluations for primary elections in March, the board determined that it is money well spent as an informational service to the public and news media in the attempt to improve the quality of the bench.
The board's decision was encouraged by Chicago attorney Leonard Murray, chair of the Committee on Judicial Evaluations and the executive committee of the 10-member Alliance of Bar Associations for Judicial Screening.
Murray explained the recent intensive investigation and interviewing process that involved 123 primary election candidates for Cook County appellate, circuit and subcircuit vacancies.
"The goal is to ensure that the best candidates get elected," he said, but he suggested that more resources be provided to publicize evaluation results that otherwise might not reach the broad base of voters.
He added that the Alliance of Bar Associations this month would begin evaluating more than a hundred new applicants for Cook County associate judgeships who had not gone through the process during the previous two years. Candidates for retention in November will be evaluated during the fall.
Murray had been a panelist in a session on Selecting and Retaining a Quality Bench during the Future of the Courts Conference on April 12 in Oak Brook (see photo on page 1).
At the conclusion of the conference, more than 90 percent of the participants recommended that the ISBA continue to evaluate candidates statewide for election to the Supreme Court and Appellate Court, and 89 percent thought circuit court candidates for election and retention in Cook County should be rated.
Judicial advisory polls for downstate court elections also should be continued, said 85 percent of the conferees who agreed or strongly agreed with the recommendation.
New section formed
The Board of Governors has approved a proposal from the Committee on Scope and Correlation that a new ISBA Federal Practice Section be established this year.
The need for a Federal Practice Section was demonstrated by the high interest in programs conducted by the Special Committee on Federal Practice that was appointed by President Tim Eaton a year ago.
More than 200 downstate lawyers attended Law Ed Series seminars on federal civil practice this spring in Bloomington and Collinsville. These were co-sponsored by the recently formed Bar Association of the Central and Southern Federal Districts.
Another goal of the special committee that a section would continue is to achieve reciprocal admission among the federal district courts in the 7th Circuit rather than separate admissions for each.
LLLAF board filled
The Board of Governors has reappointed six members of the board of directors of Land of Lincoln Legal Assistance Foundation and appointed one new member.
James A. Rapp of Quincy will fill the vacancy of retiring director Charles A. Scholz in Region VIII. Rapp is one of three lawyers recommended by Scholz for the new appointment.
Returning directors are Gerald S. Reed of Murphysboro in Region I, Russell K. Scott of Swansea in Region III, Leo H. Konzen of Granite City in Region IV, Robert John Kane of Springfield in Region V, Susan W. McGrath of Urbana in Region VI, and Jack Carey of Belleville, at-large.
Statutes of limitation accessible on web site
Thanks to a $2,000 grant from the Illinois Bar Foundation, the ISBA's "Guide to the Illinois Statutes of Limitations" will continue to be updated as a feature of the web site www.isba.org.
Any ISBA member may access the guide by looking down the blue navigation bar on the web page under "Illinois Law" and clicking on "Lawyer's Toolbox." The text can be downloaded or printed from the user's system.
The "Guide to the Illinois Statutes of Limitations" was published for many years with funding from the Bar Foundation and other sources. Now that it is a feature of the ISBA web site, it can be updated whenever statutory changes are enacted.
The on-line guide is a quick reference to statutes of limitations for civil actions in Illinois, bringing together provisions that are scattered throughout the Code of Civil Procedure and other chapters of the Illinois Compiled Statutes.
The guide is of high value to the practicing attorney who wants to serve clients better and avoid missing statutory deadlines for pending matters.
While you are in "Lawyer's Toolbox," you'll find several other helpful features, such as:
* Illinois Child Support Forms as promulgated by the Conference of Chief Judges.
* Standard Interrogatories orders and approved by the Illinois Supreme Court.
* Legislation Checklist summaries of bills from recent sessions of the Illinois General Assembly.
* Ask a Techie, a service that provides direct answer via e-mail to members' questions about legal technology.
* Power-of-Attorney-for-Property short form as amended.
One advisory ethics opinion was adopted April 19 by the ISBA Board of Governors, and a previous opinion of the Committee on Professional Conduct has been withdrawn because of a recent court ruling.
The board approved withdrawal of Opinion No. 94-18 while a revised opinion is drafted in line with Skolnick v. Altheimer & Gray, 191 Ill.2d 214, 246 Ill.Dec. 324, 730 N.E.2d 4 (2000).
In that ruling, the Illinois Supreme Court made it clear that an attorney's duty to report misconduct to the ARDC "cannot be discharged by reporting the suspected misconduct to the trial court."
The digest of the new Opinion, No. 01-07, states that two lawyers in the same firm may continue to represent different governmental units at the same time, even if their interests are potentially in conflict, but when no current direct adversity exists.
"Under traditional methods for separating organizational entities, the units of government are separate clients for conflicts of interest purposes," the opinion states. The units function under separate boards with different sets of rules, and representation of one is not of significant importance to the other.
The opinion cautions, however, that "Depending on the foreseeability of future conflicts, the lawyers have a duty to inform their clients of the limitations that would be placed on their representation of each unit, should an actual conflict develop."
Local bar leaders to attend ISBA conference
American Bar Association staff member Elizabeth M. Derrico, a veteran of bar-related service initiatives on the state and national level, will be keynote speaker for the ISBA Bar Leaders Conference on Saturday, June 1, at the Swissotel, Chicago.
Former bar services representative for the New York State Bar Association, Derrico joined the ABA Division for Bar Services in 1998 as associate director for bar management and information.
She will advise invited officials of ISBA-affiliated bar associations around the state to "leave your preconceptions about bar association structure and services behind" and rely on creativity and imagination.
A past leader of the National Association of Bar Executives and speaker at its Communications and Public Relations Section workshops, Derrico received the E. A. "Wally" Richter Award in 1998 for her contributions to NABE and the communications profession.
She will speak during the opening session, "Building a Better Bar Association," that begins at 8:15 a.m. with welcoming remarks from Donald W. Ward of St. Louis, chair of the Committee on Bar Services and Activities; conference co-chairs Robert Handley of Carol Stream and Patrice Ball-Reed of Chicago, and ISBA Executive Director Robert E. Craghead.
Derrico's presentation during a lively, interactive session on building the bar association of the future, with renewed possibilities of service to members and public, will precede four concurrent workshops that begin at 10:45 a.m. They are:
Strategic Planning John P. Nicoara of Peoria, moderator; Keith E. Fruehling of Urbana, recorder; Elizabeth Derrico and Edward J. Burt of Oak Forest, speakers.
Non-dues Income James F. McCluskey of Downers Grove, moderator; Ronald J. Nelson of Elk Grove Village, recorder; executive directors Glenda Berg Sharp of the DuPage County Bar and Nairee Hagopian of the Northwest Suburban Bar, speakers.
Operating Your Bar Association Without Staff Rex L. Brown of Decatur, moderator; Lynn E. Patton of Springfield, recorder; George J. Arnold II of Palos Heights and Patrice Ball-Reed, speakers.
Hot Issues Facing Bar Leaders Hancy Hyzer of Rockford, moderator; Michael J. Scotti III of Chicago, recorder; ISBA general counsel Dennis A. Rendleman, Christopher C. Kendall of Chicago and Karen J. Dilibert, vice president and director of loss prevention for the ISBA Mutual Insurance Co., speakers.
ISBA President Tim Eaton will speak during the conference luncheon, which will begin at 12 noon in the Edelweiss on the hotel's 43rd floor, with sponsorship by Lexis-Nexis.
Four more concurrent workshops will begin at 1:30 p.m. They are:
Nuts and Bolts of Bar Leadership Elizabeth V. Heller of Edwardsville, recorder; Dennis J. Orsey of Granite City, C. Kent Renshaw of Mt. Vernon and Marlene A. Kurilla of Chicago, speakers.
Publications Veronica L. Baele of Chicago, moderator; Patrice Ball-Reed, recorder; Mary Ann McManus of McM Design, Naperville, and Michael Todd Scott of Bloomington, speakers.
Relationships with the Media Rex Brown, moderator; Robert Handley, recorder; Chris Ruys of Chris Ruys Communications, Chicago, and Bernard M. Judge of the Chicago Daily Law Bulletin, speakers.
Membership Aurora Abella Austriaco of Chicago, moderator; Nancy G, Easum of Springfield, recorder; Stuart H. Wolf of Arlington Heights and Timothy M. Lupinacci of Birmingham, Ala., ABA Young Lawyers membership director, speakers.
Each conference attendee will receive the Bar Leadership Handbook, which contains chapters on each of the topics discussed during the eight workshops.
During the concluding 2:30 to 3:30 p.m. "Libation and Conversation" period, participants will open their minds and loosen their lips in a happy hour of sharing refreshments and recollections of issues, concerns and programs that work.
The discussion groups will be separated into three categories, as follows:
Larger Bar Associations (more than 175 members) Robert Handley, facilitator; John Nicoara, recorder.
Smaller Bar Associations Patrice Ball-Reed, facilitator; Donald Ward, recorder.
Specialty Bar Associations Lynn Patton, facilitator; Stuart Wolf, recorder.
Preliminary activities
Bar Leaders Conference registration will begin at 4 p.m. Friday, May 31. The ISBA Mutual Insurance Co. will sponsor an opening reception from 5:30 to 6:30 p.m. in the Edelweiss I room on the hotel's 43rd floor.
An architectural dinner cruise on Chicago's Little Lady that follows will be sponsored by MBNA America, the ISBA's MasterCard program coordinator. Docking begins at 6:30 p.m. and the river cruise will take place from 7 to 10 p.m.
On June 1 during registration at 7:30 a.m., a continental breakfast will be provided in Alpine Ballroom II by Geico Direct, the ISBA auto insurance plan administrator.
There is no charge to register for the conference and cruise by invited bar officials. Guests may take the cruise for $30 in advance. Accommodations should be reserved directly with the Swissotel by calling (312) 565-9565 or (800) 654-7263.
Motorists' tort issues to be reviewed May 30
The ISBA Tort Law Section will conclude its presentations of Law Ed Series seminars on "Illinois Uninsured and Under-insured Motorist Benefits: A Study and Analysis" on Thursday, May 30, in the ISBA Chicago Regional Office.
Section council chair John P. Scanlon of The Healy Law Firm, Chicago, is program coordinator for the Bloomington seminar, which he will open with introductions. The schedule of topics and speakers follows.
9:05 a.m. Uninsured and Under-insured Motorist Statutes, a legislative and case law history, with Daniel P. Malone of The Healy Law Firm, Chicago.
9:35 a.m. Who Is Covered? Drivers, passengers, pedestrians and relatives; when, where and which vehicles, with section council past chair Mark A. Rouleau of Rockford.
10:05 a.m. The Insurance Policy: Endorsements and declarations, common and not-so-common key provisions, with section council member Linda C. Abens of Kralovec & Marquard, Chicago.