One of his many legacies will be his strongly held views on the death penalty. His conversion on the court to oppose the imposition of the death penalty under any circumstance certainly reflects a justice who is not only passionate in his belief but certain of his convictions as to what is right and wrong. Some may not agree with his position, but everyone admired his courage and steadfastness.
Personally, I have thoroughly enjoyed working with him during the past year. I have considered him to be a friend for many years, but it was not until this past year that I truly realized what a great man he is and has always been.
Mr. Chief Justice, we will miss you on the bench, and we hope you and your lovely wife, Sharon (also a good friend of the ISBA), will have many happy years together in retirement.
You should be very proud of the contributions you have made to your profession, the state bar and the judiciary. God bless you for the wonderful service you have given to our state.
By Tim Eaton
Judging is not a nine-to-five job. Contrary to recent suggestions in news articles, editorials and from Sheriff Sheehan, the overwhelming number of judges in Cook County, and throughout the state, work hard at their jobs.
Their productivity cannot be measured fairly by time spent in the courtrooms or chambers. Watching how they "punch in" or "punch out" is an inaccurate measurement of the many hours judges spend at performing their jobs.
As a practicing lawyer for the past 25 years, I know how often we as lawyers have filed emergency motions late in the day for hearings the next morning. When we arrive, the judge is prepared because he or she read the briefs at home and is ready for the argument the next day.
A number of judges have active calls in the morning. The only time they can prepare is in the evening, reviewing the files, reading the briefs or examining exhibits. The environs of the courthouse are not always the best place for thoughtful consideration.
Judges who have trials, either bench or jury, often work late into the night or on weekends and holidays, considering motions, reviewing instructions or anticipating issues that may arise the next day at trial.
Appellate Court and Supreme Court justices often leave at the end of the day with their briefcases bulging with briefs or parts of records.
In addition, I know many judges who devote countless hours working in their communities or with local bar associations. The Illinois State Bar Association has been particularly blessed by a number of hardworking judges on our committees and section councils.
Judges are not paid overtime when it is necessary for them to work late hours or when they devote their own time to contributing to professional organizations. So why single out a few who may knock off a little early when they are not as busy.
Judges do work hard. Justice is being done. To blame judges for overcrowded jails or backlogged dockets is unfair. The fact is we need more judges, because the current ones are at or near capacity.
Justice is being served in Illinois, and we should be proud of those men and women who are wearing those robes with distinction.
(Glimpses from pages of the June 1, 1992, issue of the ISBA Bar News.)
Terrence K. Hegarty was elected ISBA third vice president by a vote of 3,986 to 3,808 over Todd A. Smith . . . The Board of Governors approved the concept of establishing an Illinois Pro Bono Center to meet the legal needs of low-income downstate residents. . .
James J. Ahern, David H. Hopkins and Ruth Ann Schmitt were named recipients of Board of Governors Awards for exemplary service to the profession . . . Linda E. Davenport was elected the first woman vice president of the DuPage County Bar Association.
Client fund claims, payments decrease
A sharp drop was recorded last year in both the number of claimants and the amount of money paid to defrauded clients by the Client Protection Program, established in 1994 by the Illinois Supreme Court.
In its annual report to the court, the Attorney Registration and Disciplinary Commission cited 73 approved claims involving 31 lawyers during 2001, totaling $257,219 to individuals who lost money or property because of misconduct by lawyers who were disciplined.
Those numbers were down from 148 claims involving 45 lawyers and $348,630 in payments during 2000. The number of claims submitted also dropped, from 170 to 161.
Half of the claims and 24 percent of the payout resulted from lawyers keeping unearned fees. Reimbursements by the program are limited to $10,000 per client, and most of the payments last year were for less.
Client protection does not cover losses due to professional negligence or malpractice, nor are claims based on contractual disputes considered. See ARDC Rules 501 to 512 for details.
In its annual report, the ARDC also noted that more than 3,000 calls from attorneys were handled by its Ethics Inquiry Program in 2001. That included 600 with questions about the new Rule 756 on trust account reporting requirements.
The telephone inquiry service provides assistance to both lawyers and non-lawyers in resolving hypothetical questions about ethical dilemmas. No legal opinions or binding advisory opinions are given.
See the May 15 issue of the ISBA Bar News, pages 1 and 9, for more information about registration and discipline statistics included in the ARDC report, or access the web site www.iardc.org.
New Rule 213 changes to be aired June 4
Chief Judge Timothy C. Evans of the Cook County Circuit Court is one of the speakers in an ISBA brown-bag luncheon program Tuesday, June 4, on the amended Illinois Supreme Court Rule 213 on lay and expert witnesses.
Other speakers are ISBA Second Vice President Terrence J. Lavin and ISBA Assembly member Martin J. Healy Jr., a past president of the Illinois Trial Lawyers Association.
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, Healy will speak on The Three-tiered System of Categorizing Witnesses Under Amended Rule 213(f). He will discuss who is a lay witness and what disclosures are required, what are qualifications of independent expert witnesses, and what is a controlled expert witness.
At 12:30 p.m., Lavin will review Limitations on Testimony and the Freedom to Cross Examine Under Amended Rule 213(g).
At 12:55 p.m., Judge Evans will provide a view from the bench on Practical Application of Amended Rule 213.
The $20 fee was required in advance. Some walk-in registrations may be accommodated with payment by check, MasterCard or Visa credit cards.
Annual Meeting seminars cover wide range
Details have been announced for the five Law Ed Series seminars that will be presented Friday and Saturday, June 21 and 22, during the 126th ISBA Annual Meeting at the Grand Geneva Resort, Lake Geneva, Wis.
Fees are $65 for all-day seminars and $50 for half-day seminars, in addition to Annual Meeting registration. A Mega Pass, good for all five programs and materials, may be obtained for $200. Purchasers also receive complimentary memberships in three sections and admission to future Law Ed Series seminars.
General Practice
Scheduled June 21 from 9 a.m. to 4 p.m., "Hot Topics for the General Practitioner" is a presentation of the General Practice, Solo and Small Firm Section Council.
Two section council members Cook County Judge Edna M. Turkington of Chicago, who also serves on the Tort Law Section Council, and Dawn R. Hallsten of Rockford are moderators for the seminar, which is coordinated by section council secretary Michele M. Jochner of Chicago.
9 a.m. Hot Topics in the Unauthorized Practice of Law, with Christine M. Ory of Wheaton, chair of the Task Force on the Unauthorized Practice of Law and past chair of the Workers' Compensation Law Section Council.
9:25 a.m. Hot Topics in Tort Law, Steven B. Levy of Naperville, member of the Assembly and Illinois Bar Journal Editorial Board.
9:55 a.m. Hot Topics in Modifying Child Custody Within Two Years of Judgment, with Anne Martinkus of Champaign, member of the General Practice Section Council.
10:20 a.m. Hot Topics in Traffic Law, with Larry A. Davis of DesPlaines, a past chair of the Traffic Laws and Courts Section Council.
11 a.m. Hot Topics in Dealing with Medical Records, with Michael K. Goldberg of Chicago, member of the General Practice Section Council.
11:30 a.m. Hot Topics in Real Estate Law, with John G. O'Brien of Arlington Heights, member of the Assembly and Real Estate Law Section Council and president of the Illinois Real Estate Lawyers Association.
2 p.m. Recent Trends in Malpractice Claims, with Karen J. Dilibert, vice president of ISBA Mutual Insurance Co., Chicago.
2:30 p.m. Hot Topics in Employment Law, with Gregory H. Andrews of St. Charles.
3 p.m. Hot Topics in Civil Trial Practice, with 4th Circuit Judge Patrick J. Hitpas of Carlyle, member of the General Practice and Criminal Justice Section Councils.
3:30 p.m. Multijurisdictional Issues and Other Hot Topics in Professional Responsibility and Attorney Discipline, with Wendy Muchman of the Attorney Registration and Disciplinary Commission, Chicago.
Family Law
Presented as an update by the Family Law Section Council from 9 a.m. to 3:45 p.m. June 21, this program is coordinated by vice chair Karen M. PinkertLieb of Chicago and section council member Roza B. Gossage of Belleville. They also are the moderators.
9 a.m. Legislative Update, with section council member M. Lee Witte of Chicago.
9:15 a.m. Interpreting and Using Body Language to Improve Your Case, with Elmhurst Police Chief John Millner.
10:15 a.m. Elder Law Issues Affecting the Divorce Practitioner, with Constance B. Renzi of Aurora, member of the Elder Law Section Council.
11 a.m. Perfecting Trial Record for Appeal, with Sarane C. Siewerth of Chicago.
1:30 p.m. Case Law Update, with Enrico J. Mirabelli of Chicago, member of the ISBA Board of Governors.
2:30 p.m. Hot Tips for Custody Litigation, with Family Law Section Council members Scott C. Colky of Chicago and Matthew G. Shaw of St. Charles, and Dana Royce Baerger of Chicago.
3:15 p.m. True Economic Income When Spouse Owns a Closely Held Business, with Bruce Richman of The Investigative Valuation Group, Chicago.
Bankruptcy Law
"Back to the Basics of Bankruptcy Law" will be presented from 9 a.m. to 12 noon June 22 by the Commercial, Banking and Bankruptcy Law Section Council. Program coordinator and moderator is section council member Roy Jackson Dent of Charleston.
9 a.m. Welcome and introductions.
9:15 a.m. Representing Debtors in Bankruptcy Proceedings, with Edward W. Brankey of Charleston.
10:10 a.m. Representing Creditors in Bankruptcy Proceedings, with Cindy Johnson of Chicago.
11 a.m. Electronic Filing in Bankruptcy Courts (speaker to be announced).
11:30 a.m. Legislative Update: The Status of Bankruptcy Reform, with Roy Dent.
11:45 a.m. Questions and answers.
Federal Taxation
The Federal Taxation Section Council will present "Small Business Tax Changes" from 9 a.m. to 12 noon June 22. Section council chair Michael L. English of Princeton, also a member of the Trusts and Estates Section Council, is program coordinator and moderator.
9 a.m. Small Business Tax Changes Enacted by the 2001 Tax Act, with section council vice chair Edward J. Hannon of Chicago.
9:45 a.m. An Overview of the Educational Provisions of the 2001 Tax Act, with section council past chair John B. Truskowski of Chicago, also a member of the State and Local Taxation Section Council.
10:40 a.m. 2001 Tax Act Changes Affecting Qualified Retirement Plans, with section council member William F. Marutsky of Chicago.
11:20 a.m. The New Minimum Distribution Rules for Qualified Retirement Plans, with section council member Thomas Vasiljevich of Chicago.
Legal Technology
"Law Firm Survival in the Internet Age," a presentation of the Committee on Legal Technology, will take place from 9 a.m. to 12:30 p.m. June 22.
Program coordinators and speakers are committee secretary Adrienne W. Albrecht of Kankakee, past chair Todd H. Flaming of Chicago, and members David M. Clark of Dundee and Nerino J. Petro Jr. of Loves Park.
9 a.m. Computer Communication, with Todd Flaming, who also serves on the Ad Hoc Committee on Statewide Standards for Electronic Filing.
9:45 a.m. Online Legal Research, with Adrienne Albrecht.
10:45 a.m. The Paperless Office, with Nerino Petro, also a member of the Assembly.
11:30 a.m. Virus and Firewall Protection, with David Clark.
12:15 p.m. Questions and Answers.
40-year city attorney has counseled 7 mayors
By Jeff Cappel
In politics, administrations come and go. In Rolling Meadows, attorney Donald M. Rose has seen many, including seven mayors and 14 city managers, and he's worked closely with every one. He's also served with five finance directors, six police chiefs and five fire chiefs.
Last November, Rose celebrated 40 years of service as attorney for Rolling Meadows, making him one of the longest serving government officials in its history.
How did he survive all those changings of the governmental guard? He says that remaining apolitical and keeping politics out of his legal work have been the key.
"I base all my opinions and interpretations of the law on my own judgment and research," Rose said. "This has served me well over the long run."
Through his 40 years, he also was Hoffman Estates Park District attorney from 1968 to 1998, and provided special legal counsel to DesPlaines, Wheeling, Arlington Heights, Northlake and Roselle.