James M. Marion (4), Chicago
David A. Novoselsky, Pleasant Prairie, WI
Lisa M. Nyuli, Elgin
Gabriel G. Orenic, Joliet
Scott D. Pollock (2), Chicago
Francesco Roselli, Orland Park
Hon. E. Kenneth Wright (4), Chicago
Each of their newly recruited members joined at 50 percent off regular dues rates. You, too, can benefit yourself and a peer - or several - by recruiting new members for the bar association.
For information about the Get-a-Member and Save campaign and recruiting resources, contact Ann Boucher at (800) 252-8908 or aboucher@isba.org. Complete information is also available on the ISBA Web site at www.isba.org.
Two timely ISBA cable television programs on taxation issues will be broadcast next month. David H. Levy of Chicago, a member of the Committee on Cable Television Programming, is the moderator.
"Only Your Fair Share: Taxes 2005" will air at 10 p.m. Tuesdays, Jan. 4 and 18, on Chicago Access Network channel 21. "When the Tax Man Cometh" may be seen Jan. 11 and 15.
Two members of the ISBA Federal Taxation Section Council are the panelists. They are William M. Gasa of Winfield and Edward J. Schoen Jr. of Orland Park.
Bar Foundation to get $40,000 from cy-pres fund
By Stephen Anderson
The Illinois Bar Foundation has learned that it will receive a cy-pres award of $40,000 as a result of the recent settlement of a class action, In Re StarLink Corn Products Liability Litigation (MDL No. 1403).
The settlement, which was approved Oct. 5 by Judge James B. Moran of U.S. District Court for the Northern District of Illinois, identifies more than 30 charitable beneficiaries of an unredeemed residual that totals $2,371,855.
In addition to the Illinois Bar Foundation, recipients include the Chicago Bar Foundation ($100,000), the Greater Chicago Food Depository ($200,000), and Chicago-Kent College of Law and University of Notre Dame Law School ($50,000 each).
Chicago attorney Clinton A. Krislov, co-counsel in what has been termed "Non-StarLink Farmer Litigation," was instrumental in seeing that the Bar Foundations and other organizations that provide food and legal assistance for needy consumers were named in the cy-pres distribution.
"We hope that others will follow this example showing that class actions can be real tools in the protection of the market place and achieve real benefits for consumers," Krislov said.
The StarLink class action was brought on behalf of individuals and entities involved in the operation of U.S. farms where corn was harvested for grain from 1998 to 2002.
The lawsuit alleged that StarLink corn seed, which had been modified genetically with an insecticidal protein, was distributed in a manner that resulted in contamination of corn crops, equipment and storage facilities, and diminished the market value of corn supplies.
After the original settlement, approved in February 2002, redeemable coupons worth $6 million were issued and attached to certain products. Coupons totaling only $3,628,145 were redeemed before the redemption period ended Sept. 1, 2003.
Tobacco case heard
The Illinois Bar Foundation also is in line for a portion of any residual funds from the class action, Price v. Philip Morris Inc. (No. 96236), that was argued last month before the Illinois Supreme Court.
Judge Nicholas G. Byron of the 3rd Circuit last year ordered Philip Morris to pay $10.1 billion for marketing "light" cigarettes that claimed to have "lower tar and nicotine" but allegedly were not lesser health risks than other brands.
The class includes more than a million individuals who smoked Marlboro Light and Cambridge Light cigarettes, which were introduced in 1971.
Philip Morris appealed the verdict, and the Supreme Court agreed to accept the case directly from the circuit court without going through the appellate court.
Fourteen more ISBA members have signed up as Fellows of the Illinois Bar Foundation by contributing $1,000 or pledging that amount in 10 annual increments of $100.
They are Katherine A. Amari, Gina M. Arquilla, Franco A. Coladipietro, Peter D. Hoste, Stephen G. Kehoe, Judge Stuart A. Nudelman and Bruno J. Tassone of Chicago; Judge Robert J. Anderson of Wheaton, Judge John P. Coady of Taylorville, Frank DiVito of Rosemont, Michael T. Huguelet of Orland Park, Matthew P. Jones of Peoria, Joseph A. McMahon of Lisle and Jean A. Swee of Bloomington.
The Fellows program was established in 1983 and has resulted in contributions of more the $1 million in support of Bar Foundation programs enabled by its growing endowment.
In addition to the basic Fellows commitment of $1,000 to help the legal profession serve the public through law-related charitable initiatives, other levels of support are available.
They are Silver Fellow ($2,000), Gold Fellow ($5,000), Diamond Fellow ($10,000), Pillar of Profession ($15,000) and Pillar of Foundation ($25,000). Participation may be achieved by a contribution in full or by pledging 10 annual increments.
Payment may be made by check or credit card. For more information, call IBF executive director Susan M. Lewers at (312) 726-6072.
IBF grant provides mentors for children of prisoners
With a little help from the Illinois Bar Foundation, 20 children of prisoners will be matched with mentors this month by Big Brothers Big Sisters of Southwestern Illinois (BBBS).
Based in Belleville, the 24-year-old organization was formed to enrich the lives of disadvantaged youths through one-to-one relationships with positive role models. It currently serves 535 at-risk youths in Clinton, Madison, Monroe and St. Clair Counties and hopes to increase that number to 1,200 by 2010.
During the past three years, BBBS has formed partnerships with 37 schools that resulted in identifying 207 single-parent children who qualify for school-based mentoring programs.
It also partners with chamber of commerce, service clubs, churches and other community groups. Volunteers have been recruited from banks, real estate offices, high schools and newspaper staffs.
The recent Illinois Bar Foundation grant of $5,000 will support the evolving BBBS Amachi Mentoring Program. Amachi is a Nigerian Ibo word for "Who know what God has brought us through this child," and alludes to those with parents who are incarcerated.
"The program is preventative in nature, in that children of prisoners are six times more likely than other children to be incarcerated as adults," said foundation board member Katherine J. Tillery of Belleville.
"They are a higher risk for emotional and behavioral problems, such as depression, anxiety, poor academic performance, drug and alcohol abuse, and juvenile delinquency," she added.
The BBBS Amachi program has a first-year goal of serving 120 of an estimated 5,000 children of imprisoned parents in southwestern Illinois.
Any parent or guardian who wants to have a child enrolled in Amachi may apply. After an interview, an enrollment-and-match specialist determines the type of mentor who will work best with the family.
BBBS expects the program to ensure that at least 70 percent of the enrollees will not become involved in gangs or violence, 75 percent will remain in school, and 80 percent will not get involved in the juvenile justice system.
Tillery, who served on the BBBS board for almost 17 years between 1983 and 2003, has little doubt that Amachi will succeed. "BBBS enjoys a stellar reputation for having provided quality mentoring services for children in the area for 25 years," she said.
Other attorneys who serve on the BBBS board are Susan E. Brennan of Brennan & Brennan, Swansea; John L. Gilbert of Hinshaw & Culbertson, Belleville, and assistant U.S. attorney Richard H. Lloyd of Fairview Heights.
For more information about BBBS or the Amachi program, call President Barbara Cempura at (618) 398-3162.
Kerry J. Bryson of the 3rd District office of the state appellate defender in Ottawa, is the author of the first-place article in the 2005 Lincoln Award Legal Writing Contest. "Concrete Constitutional Guidelines" will be published in the February issue of the Illinois Bar Journal.
Bryson is a member of the Criminal Justice Section Council, the Child Law Section Council, and the Committee on Corrections and Sentencing.
Second prize goes to Neil Dishman of Fort Wayne, Ind., for "Procrastinators Beware: In the 7th Circuit, Deadlines Must Have Teeth."
The third-prize winner is Karyn R. Vanderwarren of Lillig & Thorsness, Oak Brook, for "To Buy or Not to Buy: The Property Tax Exemption for Charitable Organizations."
For Fay Clayton, some protests seem like compliments
Pro-life activists picket recipient of Gertz Award
By Stephen Anderson
"Fay Clayton travels with her own protest group," Karen Conti quipped during the Chicago benefit luncheon at which the partner in Robinson, Curley & Clayton received the Elmer Gertz Award.
The Illinois State Bar Association and Blind Services Association were hosts for "Lawyers of Vision," the fourth annual presentation Nov. 18 in The 410 Club at the Wrigley Building.
Conti, whose law partner Gregory A. Adamski previously received the Gertz Award, made her comments during the introduction of Alderman Edward Burke, the keynote speaker.
Other speakers were ISBA Third Vice President Joseph G. Bisceglia, Blind Services Association President John Powen, and Scott Gertz, a member of the ISBA Young Lawyers Division Council who chaired the event.
Prior award recipients, in addition to Adamski, are John Marshall Law School Prof. Ralph Ruebner and Victor Stone of the University of Illinois College of Law faculty.
Not entirely unexpected, Clayton's presence attracted a demonstration by a pro-life contingent outside the Wrigley Building's white terra cotta portals. The protesters seem to have long memories.
Clayton made her point in a case she argued 10 years ago in the U.S. Supreme Court as National Organization for Women v. Scheidler. She didn't think it was right for protestors to block abortion clinics and threaten patients. The court agreed, unanimously.
The ruling held that First Amendment protections may stop when and where violence ensues. One can peaceably assemble and freely express his or her views, but those rights must be balanced by concomitant responsibilities.
So Clayton could hardly disapprove of the appearance by a small band of picketers prior to her receiving yet another honor for a career of human rights vigilance. On another day, in fact, she might even represent some of them.
Elmer Gertz, the famed civil rights attorney who is memorialized by the ISBA/Blind Service award, would have enjoyed such an irony.
Ethics opinion clarifies dual client conflict
The ISBA Board of Governors on Nov. 12 adopted an advisory ethics opinion that involves conflict of interest representation of a client that may be materially limited by the lawyer's responsibilities to another client.
The digest of Opinion No. 04-01 states: Non-waivable conflict is created by representation of two clients having divergent interests in property possessed by a third party.
The facts of the inquiry that prompted the opinion were that a law firm was retained by a client to handle a collection claim, and to obtain and satisfy a judgment against the debtor's property. If the debtor tried to transfer the property, a claim of fraudulent transfer of assets would result.
During the course of representation, the firm was asked to represent a second client in a possible purchase of the property from the debtor.
The ISBA Committee on Professional Conduct concluded that representation of both clients would create a non-waivable conflict of interest. The complete opinion, with citations of applicable rules and cases, may be accessed on the ISBA web site, www.isba.org.
ISBA advisory ethics opinions are prepared as an educational service to members, and they express interpretations of the Illinois Rules of Professional Conduct and other relevant materials in response to specific hypothesized fact situations.
The ethics opinions do not have the weight of law and should not be relied on as substitutes for individual legal advice. For more information, call the ISBA Legal Department at (800) 252-8908.
ISBA members assist military personnel with variety of legal problems back home
Here is a sampling of the types of legal matters that have been conveyed to the ISBA Volunteer Resource for Military Lawyers program in recent months.
* A young, unmarried National Guard member is killed in Iraq. His parents seek assistance in settling his estate.
* A National Guard member being deployed to Afghanistan needs help arranging a guardianship for her three-year-old son, fearing her ex-husband will attempt to gain custody in her absence.
* A reservist is deployed to Iraq as he and his wife are in the midst of starting a business. Without his income and presence, they need help trying to cancel equipment leases and other contracts.
ISBA volunteers provide no-fee or low-fee services in cases referred by JAG officers, when citizen soldiers encounter legal situations their military law officers are not allowed to handle or are otherwise unable to handle.
The volunteer program was created by the ISBA Committee on Military Affairs in 2002, when a need developed for private lawyers to serve as backup for JAG officers. Volunteers may be helping either the soldiers or their families.
Approximately 300 ISBA members have volunteered to help. When a request is received, the ISBA staff attempts to match the client with a lawyer from the appropriate geographic and practice area.
Volunteers are most often called on for help with consumer law issues, family law, traffic and DUI matters, estate planning questions, and other common problems that soldiers or their families might encounter. It is anticipated that employment and re-employment issues may loom as more units are rotated back to the states.
The ISBA committee is organizing training sessions to brief volunteers on applicable areas of military law, such as the Servicemembers Civil Relief Act (SCRA), the Uniformed Servicemembers Employment and Re-employment Rights Act (USERRA), and recent changes in Illinois law.
Sessions will be held at the Great Lakes Naval Air Station north of Chicago and at Scott Air Force base near Belleville. Lawyers looking for an avenue to share their expertise in the service of their country can sign up on the ISBA home page at www.isba.org/volunteer.htm.
Hotlines provide quick access to justice
"The legal aid hotline, once an experimental means to provide legal services to lower income individuals, is now an essential tool to delivering assistance to those in need," the Equal Justice Illinois Campaign points out in a recent newsletter.