Deceptive practices for rental property. HB 5732 (Lawfer, R-Stockton; Sieben, R-Geneseo) amends the deceptive practices section of the Criminal Code of 1961. For purposes of issuing a check or other order upon a real or fictitious depository for payment for property, "property" will include rental property (real or personal).
School district report cards. House Bill 5663 (Cowlishaw, R-Naperville; O'Malley, R-Palos Park) amends the School Code to require that each school district's report that is disseminated to parents before October 1 of every year must now include financial information about the school district. Specifically, the report must specify the amount of money that the district receives from all sources, including but not limited to local property taxes, general State aid, other State funding, and all other incomes.
Another Apprendi amendment. House Bill 4194 (Johnson, R-West Chicago; Hawkinson, R-Galesburg) amends the extended term statute to allow a judge to impose an extended term if the pre-trial and trial proceedings were conducted in compliance with the new subsection (c-5) of the Code of Criminal Procedure.
Adoption amendment. House Bill 4208 (Feigenholtz, D-Chicago; Lisa Madigan, D-Chicago) requires the Department of Children and Family Services to consider as adoptive applicants the adoptive parents of a biological sibling of the child when placing a child for adoption. It also requires DCFS to attempt to notify those adoptive parents of the availability of the child for adoption. The final decision of DCFS must be based on the best interests of the child.
Sex crime statute of limitation. House Bill 5578 (Brosnahan, D-Evergreen Park; Karpiel, R-Carol Stream) allows a prosecution of any offense involving sexual conduct or sexual penetration if (1) the DNA profile of the offender is obtained and entered into a DNA database within 10 years of the commission of the offense; (2) the identity of the offender is unknown after a diligent investigation by law enforcement authorities; and (3) the victim reported the offense to law enforcement within two years of the commission of the offense unless the period for reporting is extended under Section 3-6 of the Criminal Code.
Editor
Graving one's image
Whenever a press release comes along with findings of "a new national survey," one's inclination generally is to give it all the attention that most of such inconsequential blather deserves: None.
But this one is from Bob Clifford, a Chicago trial lawyer who usually says something worth heeding. He has sculpted a career in litigating by doing more listening and learning than lecturing, but is willing to share his acumen when it seems appropriate.
As chair of the ABA Section on Litigation, Clifford commissioned "a new national survey" to plumb the depths of public opinion where esteem for the legal profession is suspected to lurk at a dis-respectable nadir. This is troubling for a judicature booster like Clifford, who relies on a fair shake from every jury.
Some of this you've heard before: Americans are ambivalent about lawyers; despite the significant expertise that lawyers are known to possess, public confidence has not improved over time. So says the anony-morph that responded to the ABA survey, "Public Perceptions of Lawyers."
The image begins to crumble, survey analysts conclude, where basic client relationships are poorly handled, attention to communication is absented, and fees are misunderstood. Anybody who has read an annual report of the ARDC is well aware these are the flash points that generate client complaints.
Clifford has called on lawyers, law firms and bar associations to come to grips with Joe and Jill Public by sponsoring "Dialogues on Freedom" for mutual discussion of civic values and the meaning of democracy. "Lawyers must start by being better communicators," he said, and shoulder the "obligation to talk and work with the public to enhance understanding of our justice system."
The ABA survey, consistent with too many others, ranked lawyers in eighth place in public confidence well below doctors, just above news media. But more than half of respondents believe that lawyers want to serve their clients, and three-fourths seem satisfied with their own lawyers.
This bar association IS taking a look into the mirror for a fairer image and, in fact, is allocating a piece of the next budget for public edification at the request of President-elect Loren Golden. At five digits, it may be a zero or two short of utopia, but it's a start.
You can help by taking a hard look at your own basic client relationship continuum, from the moment one walks in the door in pain until the festering has been healed and the fee paid with gratitude. That's the way to mint an image that brings credit to an entire profession.
Sticks, stones and statistics
Bob Clifford's ABA survey produced some interesting post-9/11 statistics, such as that public confidence in the justice system has risen from 24 percent a year ago to 39 percent early this year. Confidence in the U.S. Supreme Court, which had dropped from 50 to 32 percent after the presidential election recount, is back up to 46 percent.
And confidence in lawyers also is up from 14 to 19 percent, which any reputable spin-doctor would peg at a whopping 35 percent spike. That's almost good news.
Memorials for the memorable
Kane County Bar President Steven Andersson was pleased to announce that there would be no 16th Circuit memorial service this year. Among the few associations that maintain this tradition of reverence, the Kane County Bar happily had no departed members during the past year to memorialize.
Rather than contrive a reason to conduct a service, such as the tragedy of September 11, the bar opted to move on. Aurora attorney Charles Myler, who has organized the memorials for many years, pointed out that the object is to celebrate the life and the good times of each departed member with eulogies that can be somber and moving or lighthearted and funny.
The situation was different in Peoria on May 29, when the 10th Circuit bench and bar heard appropriate tributes to seven deceased colleagues. Services were held by the Madison County Bar on May 23 and the Rock Island County Bar on May 24, and no doubt others took place around the state.
These gatherings of friends and families are uplifting experiences, not occasions for mourning. Andersson notes, "We are not aware of any other profession that has such a wonderful and enjoyable event. This is one of those events that make our profession shine."
Respect for the contributions of lawyers to this noble profession inspire the time and space that is devoted in each issue of the ISBA Bar News to the "Epilogue" section. It's our last chance to express appreciation to those on whose shoulders so many others have stood for a better view of professional virtue.
Monday, June 3, 9 a.m.-4:45 p.m. Committee on Legal Technology advanced computer training in Microsoft Word and Excel; College of DuPage, Glen Ellyn.
Thursday-Friday, June 6-7 37th annual Illinois Traffic Court Conference; Bradley University, Peoria.
Thursday, June 20-Sunday, June 23 126th Annual Meeting; Grand Geneva Resort, Lake Geneva.
Thursday, July 18, 12 noon Senior Counsellors recognition luncheon; Standard Club, Chicago.
Friday, July 19, 9 a.m. Board of Governors meeting; Ritz-Carlton Hotel, Chicago; followed by 28th annual board alumni dinner.
Friday, Oct. 4 Illinois Bar Foundation Gala and presentation of Distinguished Service Award to Mary Dempsey; Four Seasons Hotel, Chicago.
Friday, Oct. 11, 9 a.m. Board of Governors meeting; Crowne Plaza Hotel, Elgin.
Friday, Nov. 1 Lawyers' Assistance Program annual dinner; Palmer House Hilton, Chicago.
Friday, Nov. 8, 9 a.m. Board of Governors meeting; Peninsula Hotel, Chicago.
Trust Fund has June 13 meeting
The annual meeting and reception of the Lawyers Trust Fund of Illinois will take place from 5 to 6:30 p.m. Thursday, June 13, in the ISBA Chicago Regional Office. Legal aid grants for 2003 will be announced, and awards will be presented. Call (312) 499-4756 for reservations.
The Illinois Supreme Court recently appointed two lawyers to the judiciary - Kelly D. Long of Hillsboro in the 4th Circuit and Robert B. Spence of Yorkville in the 16th Circuit.
Long, a former Montgomery County state's attorney, will become resident county judge on July 18 for a term that will end Dec. 6, 2004. He succeeds Judge Dennis M. Huber, who will leave the bench July 16 after 23 years.
A 1969 graduate of the Washington University Law School, Long served two years in the Army as a second lieutenant and was state's attorney from 1972 until 1980, when he established the Kelly D. Long Law Office. He is a past president of the Montgomery County Bar Association.
Spence, whose current appointment as a judge expires in August, will fill another vacancy until December 2004. He was defeated for a permanent judgeship in the March primary election.
Most recently the head of the Illinois attorney general's Criminal Division, Spence has been an assistant state's attorney in Kane and DuPage Counties.
Courthouse reports
The new Champaign County Courthouse in Urbana opened officially on Monday, May 6. Financed by a quarter-cent sales tax increase in a 1998 referendum, the $27 million building was completed in two years.
Judges of the 6th Circuit have moved from the old courthouse, and the circuit clerk's office occupies the first floor. Renovation of the old facility for offices of the state's attorney, public defender and probation services will take another two years.
A dedication ceremony was conducted Saturday morning, May 25, followed by public tours. The facilities committee has been authorized to seek funding for a statue of Abraham Lincoln with young children in the courthouse plaza.
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The Christian County Courthouse in Taylorville is getting a facelift in preparation for celebration of its 100th anniversary during the weekend of Oct. 12. Plans include rehabilitation of the 20-foot-wide translucent stained-glass dome that has been hidden by false ceilings for a half-century.
Illuminated by outside daylight, the internal dome glowed in green, blue, yellow and brown hues until several panels fell out due to inadequate maintenance. A protective false ceiling was installed during World War II, and another was added during remodeling in 1962.
The $60,000 restoration project has received $20,000 so far through a volunteer preservation fund and $10,000 from the county board. Any excess funds may be used to restore other architectural details of the courthouse.
DuPage lawyers honored for pro bono dedication
The DuPage County Bar Association honored eight members with Legal Aid Pro Bono Awards during its Law Day luncheon May 1 in Winfield, and singled out Naperville attorney Kathleen T. Zellner for a Special Recognition Award.
Zellner, who received an ISBA Access to Justice Award earlier this year, was honored again for pro bono representation of several incarcerated death penalty defendants who were wrongfully convicted and subsequently freed.
Taking top honors among the pro bono award recipients was Julia A. McConnahay of Woodridge, a former member of the ISBA Young Lawyers Division Council, who devoted 85 hours over two years to a case that included a marriage dissolution, order of protection, custody and visitation agreements.
McConnahay's litigation involved complex financial issues and a sexually abused child. The ex-husband was jailed for aggravated criminal sexual abuse. Other DCBA award recipients are:
Dann Duff of Addison, for 75 hours in a marriage dissolution and maintenance case for a client with psychiatric problems.
Harold G. Field, of counsel to Schiller, DuCanto & Fleck, Wheaton, for 63 hours in a marriage dissolution and joint child custody settlement. Field is a former member of the ISBA Board of Governors.
Juli A. Gumina of Sullivan, Taylor & Gumina, Wheaton, for 53 hours on a guardianship case in which the natural parents won the return of their children, and a marriage dissolution that required negotiations in Polish. Gumina chairs the DCBA Legal Aid Committee.
Shari D. Goggin-Ward of Kiesler & Berman, Chicago and Wheaton, for 52 hours representing a young mother in a Child Support Enforcement Program matter. When she moved out of state, the father sought a reduction in support payments.
John Justin Wyeth of Wyeth, Heitz & Bromberek, Naperville, for 50 hours of work on behalf of a client in an appeal by the Illinois Department of Employment Security for reimbursement of unemployment funds.
Stephen M. Kightlinger of Glen Ellyn, for 50 hours of successful representation of an unmarried mother in collection of child support from a father who moved to Florida.