In Ohio, Chief Justice Moyer has become a leader in the groundswell of reform in the ways and means of selecting the judiciary (talk about your activist judges!) He is concerned that campaign spending and egregious marketing have eroded public trust in the courts.
The Ohio State Bar is reviewing Moyer's suggestions, among them a broad-based bipartisan evaluation commission, full public funding of judicial elections, and a requirement that a candidate have at least 10 years of legal practice.
Sound familiar? Alas, similar proposals in Illinois in recent years still float in legal weightlessness, beyond the gravity of legislative reality.
Thursday, Jan. 30, 5:30 p.m. Academy of Illinois Lawyers reception, 6:30 p.m. dinner and induction of 12 Laureates; Standard Club, Chicago.
Friday, Jan. 31, 9 a.m. Board of Governors meeting; Park Hyatt Hotel, Chicago.
March 21-22 Committee on Law-related Education annual High School Mock Trial Invitational; University of Illinois, Springfield.
Friday, April 4, 9 a.m. Board of Governors meeting; Par-a-Dice Hotel, East Peoria.
Friday-Saturday, April 11-12 Young Lawyers Division/Appellate Lawyers Association annual law school moot court competition; Richard J. Daley Center, Chicago.
Wednesday, May 14 Mental Health Law Day program; James R. Thompson Center auditorium, Chicago.
Friday, May 16, 9 a.m. Board of Governors meeting; Chicago Regional Office.
June 8-10 U.S. Supreme Court admission ceremony and related events; Marriott Hotel, Washington, D.C.
Q: Is the honorific "the Honorable Judge Donald Cadagin" proper? Retired Judge Richard J. Cadagin of Sangamon County, Illinois, has raised this question. His brother Donald was recently referred to in that way in a publication. Judge Richard Cadagin believes that the double honorific is incorrect.
A: Judge Richard Cadagin is correct. Properly, the title should be "The Honorable Donald Cadagin." Judge Richard Cadagin, although he is now retired, nevertheless retains the title. As Allen Morris, retired Clerk of Court of the Florida House of Representatives (an expert on the subject of protocol), writes, "The rule of thumb is that everyone who has ever received a commission over the Great Seal of the State should be known as 'The Honorable.' That prefix remains with them the rest of their lives as a mark of respect, much as a person once a judge will be known as 'Judge' after leaving the bench." (Practical Protocol for Floridians, 1985.) The definite article The should be included (The Honorable, not Honorable).
However, as is true of other titles of esteem (like "Judge," and "Esquire"), persons entitled to the honorific "The Honorable," should not refer to themselves with that title. And, Mr. Morris adds that the title should never be abbreviated to either "The Hon.," "Hon." or other abbreviation. The abbreviation "Esq." following a lawyer's name, however, is common and proper. And according to Mr. Morris, in New Hampshire, Massachusetts, and South Carolina, the honorific "Excellency" is considered correct in addressing a judge, but is not usual elsewhere.
Q:Please comment on the phrase "attorney's fees." Attorney Mark Leipold called my attention to that phrase, which he noticed in Haymond v. Lundy, 205 F.Supp.2d 403,406n.2(E.D.Pa.2002). Mr. Leipold commented that he has always used the plural possessive: "attorneys' fees."
A:As Mr. Leipold wrote, the phrase "attorneys' fees" is proper when more than one attorney is referred to. The phrase "attorney's fees" indicates that only one attorney is referred to . The omission of the possessive form in the term "attorney fees" indicates a reference to the fees that attorneys in general charge.
One error that many people make is to use the possessive apostrophe in personal pronouns. The correct possessive forms are its, yours, his/hers, and theirs. Don't omit the apostrophe, however, when it's is an contraction of it is, as in "It's a nice day." And add the apostrophe to indefinite pronouns, like everyone's, someone's, nobody's, and the rest.
On the subject of the possessive apostrophe, one other comment is relevant. When two or more nouns indicate possession shared by all the nouns, only one apostrophe is needed. For example:
* John, Mary, and Bill's property (shared ownership)
* John's Mary's and Bill's property (or properties individual ownership)
* Mary and Paul's tax form (one tax form)
* Mary's and Paul's tax forms (separate tax forms)
Perhaps the most misunderstood and therefore ignored omission of the possessive form is before a gerund. The following sentences indicate the correct usage:
* The committee members criticized his leaving before the meeting ended.
* The plaintiff's lawyer's questioning of the witness was challenged.
* The attorney's handling of her case was appropriate.
The reasoning for this grammatical rule is that (in the first sentence) it is not "he" that was criticized, but his leaving the room. In the second sentence, it is not "the lawyer" who was challenged, but his questioning of the witness. And in the third it is not "the attorney who was appropriate", but her handling of the case.
However, because this grammatical rule is "honored more in the breach than in the observance," it will probably eventually disappear.
FROM THE MAILBAG:
In the November "Language Tips," I discussed the question of whether the verb recuse was properly used only by judges. As I wrote, the verb is largely ignored by legal dictionaries, but is defined in both Webster's (1966) and The American Heritage Dictionary (2000). Judge Tracy Resch found a similar definition in The Random House Unabridged Dictionary, which says that recuse means, "to reject or challenge (a judge or juror) as disqualified to act." Judge Resch, disagrees only with the applicability of recuse to jurors, and says, "I excuse jurors from jury duty, but I do not recuse them." My thanks to Judge Resch for this input.
Gertrude Block is Lecturer Emerita at the University of Florida College of Law. Her book, "Effective Legal Writing" (Foundation Press), is now available in a 5th edition (1999), with an accompanying instructor's manual. Ms. Block is also co-author of the "Judicial Opinion Writing Manual" (published by the American Bar Association, 1991). Send questions to the ISBA Bar News -- Language Tips, Illinois State Bar Association, Illinois Bar Center, Springfield, IL 62701, or e-mail her at block@law.ufl.edu.
Chief Judge Philip L. DiMarzio of the 16th Circuit has made several changes that will take place this spring, including formation of a new Special Resources Division of courts that handle DUI, drug rehabilitation and domestic violence matters.
Judge James T. Doyle will preside and handle drug court, Judge Richard J. Larson will handle domestic violence, and Judge James C. Hallock will handle DUI. Judge Donald Hudson has been named presiding judge of the 16th Circuit Felony Division.
Judges of the 16th Circuit are reviewing applications for an associate judge vacancy caused by the election of Judith Brawka to the circuit court.
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Three current associate judge vacancies in the 12th Circuit have been caused by the retirement of Vincent Cerri and the elections of Carla Alessa Goode and Richard C. Schoenstedt to the circuit court in Will County.
Candidates include three lawyers who had been appointed to additional judgeships but lost election bids in November. They are Paula A. Gomorra, Thomas A. Thanas and J. Jeffrey Allen, vice chair of the ISBA Committee on Delivery of Legal Services.
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Jorge L. Ortiz of Fox Lake became an associate judge of the 19th Circuit last month, filling the vacancy caused by the election of Victoria A. Rossetti to the circuit court. The son of Puerto Rican natives, Ortiz is the first Hispanic jurist in Lake and McHenry Counties.
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Assistant Cook County public defender Henry M. Singer has been appointed to the circuit court vacancy that resulted from the retirement of Ronald A. Himel in July. Singer, a 1976 graduate of the Chicago-Kent College of Law. will serve in the 9th Subcircuit through Dec. 6, 2004.
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Associate Judge Edmund P. Bart of the 18th Circuit retired Dec. 31 after 21 years on the DuPage County bench. Applications for the position will be accepted through Jan. 17 by Chief Judge Robert K. Kilander.
Workers' comp seminars scheduled Feb. 12, Feb. 17
An advanced ISBA workers' compensation seminar will be conducted from 8:45 a.m. to 4:20 p.m. Wednesday, Feb. 12, in the Chicago Regional Office, and Monday, Feb. 17, at the Holiday Inn, Collinsville.
Program coordinator is Gerald F. Cooper Jr. of Scopelitis, Garvin, Light & Hansen, Chicago, chair of the Workers' Compensation Law Section Council. He also will be moderator for the Chicago program. Moderator in Collinsville is Bruce L. Bonds of Heyl, Royster, Voelker & Allen, Urbana, vice chair of the section council.
Each moderator will open the Law Ed Series seminar at 8:45 a.m. with introductions. The schedule of topics and speakers follows.
9 a.m. Medicare Liens, Set Asides and Set-aside Trusts; section council member James W. Stevenson of Wiedner & McAuliffe, Chicago (in Chicago), and ISBA Assembly member Bradford J. Peterson of Hey, Royster, Voelker & Allen, Urbana (in Collinsville).
9:40 a.m. Complex Cases: Heart Attacks, Strokes, Mental Stress; section council members John B. Adams of Roddy, Leahy, Guill & Zima, Chicago (Chicago), and Kenneth F. Werts of Craig & Craig, Mt. Vernon (Collinsville).
10:30 a.m. Case Law Update; section council member David B. Menchetti of Cullen, Haskins, Nicholson & Menchetti, Chicago (both programs.
10:50 a.m. Medicare Management: Hydraulics and Other Timely Issues; section council members Deborah A. Benzing of Gabric, Millon & Ory, Wheaton (Chicago), and Robert C. Nelson of Nelson & Nelson, Belleville (Collinsville).
11:30 a.m. Vocational Rehabilitation; section council members John P. Connolly of Brady, Connolly & Masuda, Chicago (Chicago), and Gregory S. Keltner of Keefe & Depauli, Fairview Heights (Collinsville).
During the 12:10 p.m. luncheon break, participants in the Collinsville program will visit an Illinois Industrial Commission hearing site.
1:30 p.m. Liens; section council members Daniel J. Ugaste of Nyhan, Pfister, Bambrick, Kinzie & Lowry. Chicago (Chicago), and Michael S. Feist of Larsen, Feist & Hess, St. Louis (Collinsville).
2:10 p.m. Penalties; section council secretary Michelle D. Porro of Presbrey & Associates, Aurora (Chicago), and David C. Nelson of Nelson & Nelson, Belleville, a member of the ISBA Board of Governors (Collinsville).
3 p.m. Malpractice Pitfalls; section council member Kim E. Presbrey of Presbrey & Associates, Aurora (both programs).
3:40 p.m. Ethical Considerations; section council members David M. Barish of Katz, Friedman, Eagle, Eisenstein & Johnson, Chicago (Chicago), and William R. Gallagher of the Law Offices of James W. Reeves, St. Louis (Collinsville).
Federal mediation rules aired by Rockford panel
A Rockford seminar on Tuesday, Jan. 21, will explain new rules and procedures for a court-annexed mediation program in the Western Division of U.S. District Court for the Northern District.
The Winnebago County Bar Association's Federal Section will conduct the timely luncheon seminar, "Mediation Practice in Federal Court," from 11:15 a.m. to 1:30 p.m. at Giovanni's Restaurant in Rockford. Call (815) 964-4992 for reservations.
Judge Philip G. Reinhard and Magistrate Judge P. Michael Mahoney will elaborate on comprehensive mediation rules that became effective Jan. 1, as announced Dec. 13 by Chief Judge Charles P. Kocoras.
The mediation program applies to all Western Division civil cases, unless relieved by the court, except for mortgage foreclosures, Social Security cases, prisoner civil rights petitions and bankruptcy appeals.
Pretrial conferences held during the past two weeks have included discussions with Magistrate Judge Mahoney about mediation issues and the opportunity for resolution of disputes early in the litigation process with a reasonable level of transactional costs.
A new case management order contains a specific section dealing with mediation, including the requirement that parties certify that their clients have read the pamphlet on mediation available from the court clerk.
Attorney mediators have been certified after completion of training with the help of the Center for Analysis of Alternative Dispute Resolution Systems.
Complete details of the mediation procedure, along with biographical and professional information about attorney mediators, may be accessed on the court's web site, www.ilnd.uscourts.gov.
The Winnebago County Bar also will hold a luncheon and business management seminar, "The Basics of the HIPAA Privacy Rules," from 12 noon to 4 p.m. Wednesday, Jan. 29, at Giovanni's Restaurant.
Illinois Trial Lawyers
A seminar on "Identifying and Overcoming Jury Bias" will be conducted by the Illinois Trial Lawyers Association Education Fund from 8:45 a.m. to 4 p.m. Saturday, Jan. 18, at the DoubleTree Guests Suites Hotel, Chicago. Call (800) 252-8501 to register.
After introductions by ITLA President Robert J. Bingle, Phoenix, Ariz., attorney David A. Wenner will speak at 9 a.m. on Jury Bias Model: Identifying Biases and Principles that Can Help or Hurt Your Case. He also will conduct a focus group demonstration and debriefing at 1:20 p.m.