ISBA posted great record in Capitol
As the state looks warily ahead to the beginning of the 93rd General Assembly with new legislative leadership and constitutional officers the Illinois State Bar Association can look back with pride on its achievements during the 92nd General Assembly.
In the past two years, a dozen ISBA-sponsored or supported measures have become public acts, while five others that were assigned to rules committees may fare better in the coming biennium.
"There is no other organization in Springfield that had 12 of its bills passed in two years," ISBA legislative counsel Daniel L. Houlihan reported to the Assembly on Dec. 14.
He then pointed out a "sea change in Springfield," where Democrats will control both the House and Senate for perhaps the next 10 years and where the immediate focus is on a budget deficit of two to three billion dollars.
The Assembly voted to adopt a proposed ISBA legislative package for the next two years that includes two recommendations from the Future of the Court Conference.
They are to encourage the legislature to ressurect the Judicial Advisory Council to promote rapport among branches of state government, and to amend the School Code to require education about the federal and state legal systems.
The Assembly also adopted a resolution from the Criminal Justice Section Council that urges the governor and legislature "to take whatever steps are necessary to reform the Illinois Criminal Code of 1961 into a more manageable, revised and simplified edition for the use of the bench, bar and public."
Stephen M. Komie of Chicago noted that legislative sessions have amended the code to the point where conflicting provisions make sentencing difficult. In four decades, the code has grown from 60 pages to more than a thousand.
Induction of '03 Laureates to be Jan. 30
Twelve new Laureates of the Academy of Illinois Lawyers will be inducted Thursday, Jan. 30, during a dinner and ceremony in the Standard Club of Chicago.
They are Barry S. Alberts of Chicago, James T. Demos (posthumous), Joseph N. DuCanto of Chicago, Theodora Gordon (posthumous), Elmer Jenkins of Benton, Dolores K. Hanna of Chicago, Harold Levine of Chicago, Prentice H. Marshall of Florida, Madalyn Maxwell of Springfield, Nat P. Ozmon of Chicago, William R. Quinlan of Chicago and Anthony C. Raccuglia of Peru.
See stories on following pages. The event will begin with a 5:30 p.m. reception and 6:30 p.m. dinner, followed by the Laureate induction ceremony. For reservations at $70 per person, call (800) 252-8908.
ISBA's goal is a court reporter in every courthouse across the state
The ISBA Assembly went on record Dec. 14 in support of having court reporters in all Illinois courtrooms and limiting the use of electronic recording systems for that function.
Assembly members adopted a resolution from Stephen M. Komie of Chicago that the association "is committed to using the most modern and time-tested method for reporting of trials in the circuit courts of Illinois."
The resolution identifies an obligation of the state and counties "to furnish a court reporter in each courtroom for the purpose of providing a verbatim report of proceedings so that the public has confidence that the circuit court judges are rendering justice ... as well as preserving (the record) for appellate review."
"The court reporter should be like the electricity and furniture in the courtroom," Komie said. "The majority of people can't afford court reporters, so they settle cases rather than go to trial." He pegged the cost of hiring a private court reporter at about $700 per day.
Lack of court reporters "is an embarrassment to the judicial system, to clients, and to attorneys because their other clients are kept waiting," said Alan Pearlman of Northbrook.
He pointed out that only two court reporters are available in Cook County's 2nd Municipal Courthouse in Skokie, and no new hires have been made in more than eight months. "So you wait," he said.
"Having nothing isn't working," said Kimberly Jo Anderson of Chicago. "Technology may help in the future, but the need is now."
The resolution also states that "it is unacceptable to use exclusively electronic recordings to report proceedings except as a backup device to a human court reporter who is required to take a verbatim report."
Michael R. Berz of Kankakee, urging support for the resolution, pointed to his county as a typically bad example. "Kankakee has reporter-less courts," he said, but poor-quality transcripts are produced by employees who monitor proceedings electronically in "dank basement" conditions.
Second Vice President Ole Bly Pace III, who chairs the Committee on Scope and Correlation, opposed the resolution for practical reasons. "The Supreme Court is aware of the situation," he said, "but faces financial problems."
But criminal defense lawyers have clients in jail, John K. Norris of Chicago pointed out. It's not only an inconvenience not to have court reporters, he said. "It's about people's lives."
Delegates elected
The Assembly on Dec. 14 elected two at-large delegates to the American Bar Association House of Delegates. They include past president Timothy L. Bertschy of Peoria, who was re-elected to the downstate seat.
Past president Cheryl I. Niro of Chicago will represent Cook County. She was elected to succeed past president Donald C. Schiller, who was not eligible for re-election.
The reappointment by President Loren S. Golden of Paula Hudson Holderman of Chicago and J. William Roberts of Springfield as trustees of the Illinois Lawyers Political Action Committee (LAWPAC) was affirmed by the Assembly. John L. Nisivaco of Chicago was elected to succeed past chair Thomas A. Clancy.
The Assembly also elected Carl R. Draper of Springfield to a downstate vacancy on its Agenda and Program Committee.
The format of the next ISBA Midyear Meeting in the fall of 2003 will differ from previous years, President-elect Terrence J. Lavin advised members of the Assembly on Dec. 14.
It will be a one-day event on Friday, Nov. 7, at the Sheraton Chicago Hotel, beginning with a meeting of the Assembly. Included are a joint luncheon with the Illinois Judges Association and the annual Illinois Supreme Court dinner.
An adjourned meeting will resume Saturday, Nov. 8, at the Yacht and Beach Club Resort in Orlando, Fla., where continuing legal education and social opportunities will take place.
No additional programs, seminars or business meetings of ISBA section councils, committees and other entities will be scheduled at the Sheraton.
Foundation grant helps Court Watchers
Cook County Court Watchers, a dedicated cadre of about 100 volunteers, was rescued from oblivion in the fall of 2000, when the Better Government Association agreed to provide space and overhead expenses.
Founded in 1974 by the League of Women Voters, the organization was funded for a few years by federal block grants. When the grants expired, Court Watchers tried to exist independently, but lack of financial resources threatened its continued existence.
The Illinois Bar Foundation recently awarded $3,000 to the program for expansion of its volunteer base through training programs that are conducted at regular intervals, said IBF board member Debra B. Walker, who investigated the grant application.
"The Court Watchers believe that just by sitting in the courts, they are making a difference and improving the administration of justice," Walker said. "They believe they are the only organization in Cook County, without an agenda, to serve as eyes and ears for the chief judge and presiding judges."
CCCW has only one full-time paid employee. She is Melody Geraci, the program coordinator, who has a master's degree in communications from the University of Illinois-Chicago.
Confidential reports by CCCW volunteers on the conduct of judges and administration of courtrooms are provided to circuit court officials and to bar associations as adjuncts to the evaluation process in elections and retentions.
During a recognition luncheon in 2001, Appellate Justice Warren D. Wolfson credited court watchers for better management of the courts and better behavior of judges, " and that makes our lives better."
Wolfson told the volunteers, "You understand that hard-won rights can be lost simply by not paying attention. You supply vigilance, and for that we are grateful."
For more information, call Melody Geraci at (312) 427-8330.
ISBA election filings to end Feb. 18
The petition filing period opens today for ISBA members who plan to run this spring for third vice president, Board of Governors and Assembly. See the election notice on pages 20-21 for complete details.
The nominating petitions must be filed no later than 4:30 p.m. Tuesday, Feb. 18, at either the Illinois Bar Center in Springfield or the Chicago Regional Office.
For election as downstate third vice president, ISBA board members Irene F. Bahr of Wheaton and Jack C. Carey of Belleville have announced that they plan to file petitions for the office of third vice president.
Seven seats on the Board of Governors will be filled in this election. All but six are held by incumbents, but in Area I (18th Circuit), Bahr has served the maximum number of years and is not eligible for re-election.
Cook County incumbents are Stephen I. Lane and William J. Quinlan, who fills an under-age-37 seat. Downstate incumbents are Susan Tatnall of Batavia, Area III (12th, 13th, 16th and 21st Circuits); Richard W. Zuckerman of Peoria, Area IV (10th, 14th and 15th Circuits); Howard W. Feldman of Springfield, Area VI (7th, 8th and 9th Circuits), and Carey, Area VIII (3rd and 20th Circuits).
In the election for 23 Cook County seats on the Assembly, 10 are held by incumbents who are eligible for re-election and 12 by members who are not eligible due to term limitations. There is one vacancy to be filled.
Nominating petitions may be requested from the office of ISBA executive director through mail to the Illinois Bar Center, Springfield, Ill. 62701, by calling (800) 252-8908 or sending a facsimile to (217) 525-0712.
Ballots will be mailed in April, and the April 1 issue of the ISBA Bar News will contain pictures and biographies of candidates for third vice president and board.
Court rules committee to discuss MCLE
A joint proposal by the Illinois State Bar Association and Chicago Bar Association for establishment of a statewide Minimum Continuing Legal Education Board will be reviewed by the Illinois Supreme Court Rules Committee at 10 a.m. Monday, Jan. 27, in room C-500 at 180 N. LaSalle St.
ISBA President-elect Terrence J. Lavin, who is expected to speak in favor of the proposal, recently said there is no basis for lawyers, as professionals, not to have continuing educational requirements.
Supreme Court Justice Robert R. Thomas, in a speech during the ISBA Midyear Meeting last month in Chicago, said that continuing legal education "is an essential element of our profession" (see page 11).
Adopted a year ago by the ISBA Board of Governors and the CBA Board of Managers, the plan for administering MCLE procedures for practicing attorneys was submitted to the Supreme Court on March 27 and has been docketed as P.R. 0103 by the rules committee.
If approved by the court, the MCLE requirement would be completion of 20 hours of accredited courses in the first two years, 24 hours during the next two years, and 30 hours every two years thereafter.
In each two-year period, four hours of professional responsibility, law office management or legal ethics would have to be included. Each newly admitted attorney also would be required to complete a basic skills course of at least 15 hours.
The MCLE board would consist of nine members appointed by the Supreme Court, including at least one circuit judge and one non-lawyer. The board would recommend rules and recommendations for MCLE compliance, accredit commercial and non-commercial courses, and coordinate administrative responsibilities with the ARDC.
The text of the proposal can be accessed on ISBA web site at www.isba.org/mcle.
Other matters on the Supreme Court Rules Committee agenda Jan. 27 include amendments to Rules 721 and 722 regarding Limited Liability Legal Practice (P.R. 0104), and Rule 769 on Maintenance of Records (P.R. 0097).
Another is creation of a new Rule 402A on Admissions or Stipulations in Proceedings to Revoke Probation, Conditional Discharge or Supervision (P.R. 0107).
The rules committee also will discuss amending Rule 63, or Canon 3 of the Code of Judicial Conduct: A Judge Should Perform the Duties of Judicial Office Impartially and Diligently.
For more information, contact the Administrative Office of the Illinois Courts at (312) 793-3250.
Elder abuse panel Feb. 6 to air issues
The ISBA Elder Law Section Council will co-sponsor the panel discussion, "Spotting, Prosecuting and Preventing Elder Abuse," which will take place at 12 noon Thursday, Feb. 6, at the Chicago Bar Association.
Lori G. Levin, supervisor of the Seniors and Persons with Disabilities Division of the Cook County state's attorney's office, will be panel moderator. She serves on the Elder Law Section Council and chairs the Committee on Mental Health Law.
Scheduled speakers are Richard A. Devine, state's attorney; Rita A. Fry, public defender; elder law attorney Kerry R. Peck of Peck, Bloom, Miller & Mitchell, and Roberta Stokes, a registered nurse.
The Women's Bar Association of Illinois is primary sponsor of the program. Other co-sponsors are the WBAI-CBA Task Force on Elder Women as They Age, the American Bar Association Section of Criminal Justice, and the American Association of Retired Persons.