Board adopts five proposals for 2005 legislative action
The ISBA Legislation Department will head for the state Capitol next year with a package of initiatives that includes five new proposals.
The ISBA Board of Governors heard summaries of the proposals from legislative affairs director James R. Covington III on Nov. 12, voted to adopt all of them and referred the package to the Assembly. They are:
Proposal 94-3: Automatic imposition of interest for arrearages of maintenance or unallocated maintenance and child support.
Senate Bill 2143 would apply simple interest of 9 percent to maintenance obligations, as the law currently provides for child support arrearages.
The bill is supported by the Family Law Section Council, the General Practice, Solo and Small Firm Section Council and the Committee on Women and the Law. It is opposed by the Committee on Minority and Women participation.
Proposal 94-4: Increase in bankruptcy exemptions.
Senate Bill 2527, proposed by the Commercial, Banking and Bankruptcy Law Section Council, doubles existing exemptions in bankruptcy filings involving homesteads, personal property, motor vehicles, tools and books, and personal injury.
The bill is supported by the General Practice, Solo and Small Firm Section Council and the Real Estate Law Section Council.
Proposal 94-5: Mortgage Lenders' Closing Act.
Proposed by the Real Estate Law Section Council, House Bill 3192 would require lending institutions to provide loan documents and funds for real estate transactions at the times of scheduled closings.
The bill is supported by the General Practice, Solo and Small Firm Section Council, the Commercial, Banking and Bankruptcy Law Section Council, and the Illinois Real Estate Lawyers Association.
Proposal 94-11: Window for arbitration for underinsured motorist coverage.
The proposal would clarify unclear case law, create a statute of limitations for an arbitration demand and eliminate a trap for the unwary injured motorist and legal counsel.
The concept was endorsed in December 2002 by the Tort Law Section Council and the Insurance Law Section Council, but was too late for action during the 93rd General Assembly. It is also supported by the Civil Practice and Procedure Section Council.
Proposal 94-13: Proportional Share Recovery.
Proposed several times by the Tort Law Section Council, the proposal would establish the principle that recovery of an entity seeking subrogation for payment of medical benefits, etc., is diminished proportionately to the plaintiff's or claimant's recovery if it is not for full value.
It is supported by the General Practice, Solo and Small Firm Section Council and the Civil Practice and Procedure Section Council. The Insurance Law Section Council took no position.
Other legislative issues
The ISBA Committee on Legislation is awaiting Assembly action on the draft of a new Parental Responsibilities Act that would eliminate the contentious words, custody and visitation, in marriage dissolutions (ISBA Bar News, November 2004, page 3).
The Legislation Department will continue to monitor and foster opposition to bills that would try to permit "document preparers," such as We the People, to commit the unauthorized practice of law.
The ISBA will be alert for attempts to force reductions of medical malpractice insurance premiums for doctors and other related legislation that could jeopardize the rights of injured parties.
The Committee on Legislation plans to reintroduce two proposals from the previous General Assembly: formation of a Judicial Advisory Council and creation of an Electronic Attendance Act.
The ISBA Legislation Department will head for the state Capitol next year with a package of initiatives that includes five new proposals.
The ISBA Board of Governors heard summaries of the proposals from legislative affairs director James R. Covington III on Nov. 12, voted to adopt all of them and referred the package to the Assembly. They are:
Proposal 94-3: Automatic imposition of interest for arrearages of maintenance or unallocated maintenance and child support.
Senate Bill 2143 would apply simple interest of 9 percent to maintenance obligations, as the law currently provides for child support arrearages.
The bill is supported by the Family Law Section Council, the General Practice, Solo and Small Firm Section Council and the Committee on Women and the Law. It is opposed by the Committee on Minority and Women participation.
Proposal 94-4: Increase in bankruptcy exemptions.
Senate Bill 2527, proposed by the Commercial, Banking and Bankruptcy Law Section Council, doubles existing exemptions in bankruptcy filings involving homesteads, personal property, motor vehicles, tools and books, and personal injury.
The bill is supported by the General Practice, Solo and Small Firm Section Council and the Real Estate Law Section Council.
Proposal 94-5: Mortgage Lenders' Closing Act.
Proposed by the Real Estate Law Section Council, House Bill 3192 would require lending institutions to provide loan documents and funds for real estate transactions at the times of scheduled closings.
The bill is supported by the General Practice, Solo and Small Firm Section Council, the Commercial, Banking and Bankruptcy Law Section Council, and the Illinois Real Estate Lawyers Association.
Proposal 94-11: Window for arbitration for underinsured motorist coverage.
The proposal would clarify unclear case law, create a statute of limitations for an arbitration demand and eliminate a trap for the unwary injured motorist and legal counsel.
The concept was endorsed in December 2002 by the Tort Law Section Council and the Insurance Law Section Council, but was too late for action during the 93rd General Assembly. It is also supported by the Civil Practice and Procedure Section Council.
Proposal 94-13: Proportional Share Recovery.
Proposed several times by the Tort Law Section Council, the proposal would establish the principle that recovery of an entity seeking subrogation for payment of medical benefits, etc., is diminished proportionately to the plaintiff's or claimant's recovery if it is not for full value.
It is supported by the General Practice, Solo and Small Firm Section Council and the Civil Practice and Procedure Section Council. The Insurance Law Section Council took no position.
Other legislative issues
The ISBA Committee on Legislation is awaiting Assembly action on the draft of a new Parental Responsibilities Act that would eliminate the contentious words, custody and visitation, in marriage dissolutions (ISBA Bar News, November 2004, page 3).
The Legislation Department will continue to monitor and foster opposition to bills that would try to permit "document preparers," such as We the People, to commit the unauthorized practice of law.
The ISBA will be alert for attempts to force reductions of medical malpractice insurance premiums for doctors and other related legislation that could jeopardize the rights of injured parties.
The Committee on Legislation plans to reintroduce two proposals from the previous General Assembly: formation of a Judicial Advisory Council and creation of an Electronic Attendance Act.
The ISBA Legislation Department will head for the state Capitol next year with a package of initiatives that includes five new proposals.
The ISBA Board of Governors heard summaries of the proposals from legislative affairs director James R. Covington III on Nov. 12, voted to adopt all of them and referred the package to the Assembly. They are:
Proposal 94-3: Automatic imposition of interest for arrearages of maintenance or unallocated maintenance and child support.
Senate Bill 2143 would apply simple interest of 9 percent to maintenance obligations, as the law currently provides for child support arrearages.
The bill is supported by the Family Law Section Council, the General Practice, Solo and Small Firm Section Council and the Committee on Women and the Law. It is opposed by the Committee on Minority and Women participation.
Proposal 94-4: Increase in bankruptcy exemptions.
Senate Bill 2527, proposed by the Commercial, Banking and Bankruptcy Law Section Council, doubles existing exemptions in bankruptcy filings involving homesteads, personal property, motor vehicles, tools and books, and personal injury.
The bill is supported by the General Practice, Solo and Small Firm Section Council and the Real Estate Law Section Council.
Proposal 94-5: Mortgage Lenders' Closing Act.
Proposed by the Real Estate Law Section Council, House Bill 3192 would require lending institutions to provide loan documents and funds for real estate transactions at the times of scheduled closings.
The bill is supported by the General Practice, Solo and Small Firm Section Council, the Commercial, Banking and Bankruptcy Law Section Council, and the Illinois Real Estate Lawyers Association.
Proposal 94-11: Window for arbitration for underinsured motorist coverage.
The proposal would clarify unclear case law, create a statute of limitations for an arbitration demand and eliminate a trap for the unwary injured motorist and legal counsel.
The concept was endorsed in December 2002 by the Tort Law Section Council and the Insurance Law Section Council, but was too late for action during the 93rd General Assembly. It is also supported by the Civil Practice and Procedure Section Council.
Proposal 94-13: Proportional Share Recovery.
Proposed several times by the Tort Law Section Council, the proposal would establish the principle that recovery of an entity seeking subrogation for payment of medical benefits, etc., is diminished proportionately to the plaintiff's or claimant's recovery if it is not for full value.
It is supported by the General Practice, Solo and Small Firm Section Council and the Civil Practice and Procedure Section Council. The Insurance Law Section Council took no position.
Other legislative issues
The ISBA Committee on Legislation is awaiting Assembly action on the draft of a new Parental Responsibilities Act that would eliminate the contentious words, custody and visitation, in marriage dissolutions (ISBA Bar News, November 2004, page 3).
The Legislation Department will continue to monitor and foster opposition to bills that would try to permit "document preparers," such as We the People, to commit the unauthorized practice of law.
The ISBA will be alert for attempts to force reductions of medical malpractice insurance premiums for doctors and other related legislation that could jeopardize the rights of injured parties.
The Committee on Legislation plans to reintroduce two proposals from the previous General Assembly: formation of a Judicial Advisory Council and creation of an Electronic Attendance Act.
Election filing begins Jan. 15
Candidates for ISBA third vice president, seven seats on the Board of Governors and 26 on the Assembly may begin to file nominating petitions on Jan. 15.
The election of a third vice president, who will become ISBA president in 2008, is limited to the four judicial districts outside of Cook County.
The board seats of two incumbents under the age of 37 Keith E. Fruehling of Urbana and Michele M. Jochner of Chicago are up for election. Both are eligible for additional three-year terms.
Of the four Cook County board seats, only two incumbents are eligible for re-election. They are Mauro Glorioso of Westchester and John G. O'Brien of Arlington Heights.
Board members Stephen M. Komie and Enrico J. Mirabelli, both of Chicago, have served the maximum number of terms and may not be re-elected.
Incumbent governor Mark D. Hassakis of Mt. Vernon is eligible for re-election to represent Area VII (1st, 2nd and 4th Circuits).
Of the 26 Assembly seats in Cook County that will be contested next spring, 10 are currently held by members who are not eligible for new terms.
Nominating petitions may be filed no earlier than Saturday, Jan. 15, and no later than Tuesday, Feb. 15. Ballots will be mailed by April 1, and must be returned by May 10. For complete details, see the ISBA election notice.
The ISBA Board of Governors voted Nov. 12 to have ballots mailed first class, rather than bulk rate, to ensure timely delivery and elicit greater participation in the elective process.
MBNA enhances credit card plan
MBNA, coordinator of the ISBA-affiliated MasterCard program, has announced that it plans to begin offering American Express cards. A January mailing to ISBA members will explain the new program.
The no-fee MBNA Rewards American Express credit card will include several benefits, such as automatic rewards for every purchase, double points for travel and dining until 2006, and free additional cards, concierge and dining privileges, and valuable merchandise offerings.
"We will offer this high-end upgraded product to a select group of qualified existing customers," said account executive William C. MacDonald, "before we even make the product available to new prospects."
A U.S. Supreme Court decision on Oct. 4 cleared the way for MBNA to issue American Express cards," MacDonald said, in addition to MasterCard and Visa.
Michael J. Hanahan, chair of the ISBA Committee on Bar Services and Activities, said he hopes ISBA members will appreciate and take advantage of this opportunity.
Pro bono reporting rule to get hearing
By Stephen Anderson
The Special Supreme Court Committee on Pro Bono Legal Service has proposed creation of Rule 6.1 of the Illinois Rules of Professional Conduct to ask each registered attorney to provide at least 20 hours of volunteer representation annually or contribute $250 to a legal aid organization.
Proposal 04-20, which is scheduled for hearing by the Supreme Court Rules Committee on Monday, Jan. 24, in Chicago, includes two other recommendations.
They are establishment of a standing committee on pro bono legal service to the poor (Rule 6.5), and amendments to Rule 756 that would require each registered attorney to report the number of hours and types of legal service provided.
Rule 6.1(a) states that a lawyer has a professional responsibility to "render pro bono legal services to the poor and participate, to the extent possible, in other pro bono service activities that directly relate to the legal needs of the poor."