The third piece of new military legislation, House Bill 4372, gives National Guard members the same rights when called to service by the President as they receive when the governor calls them to service. Sponsors are Rep. Linda Chapa LaVia of Peru and Sen. Lawrence Walsh of Joliet.
Service members are entitled to certain rights in connection with a stay, postponement or suspension of court proceedings, and a monetary credit or refund of college tuition and fees, when called to duty by the governor. The new law extends the entitlements to those who are called to duty by the President.
Guard and reserve members will have access to MIA/POW scholarships through House Bill 4491, which amends the school code definition of eligible veteran or service personnel to include Illinois National Guard members.
The change makes guard members eligible for the scholarships if they are declared prisoners of war or missing in action, or are permanently disabled from service-connected causes while on active duty or in training. Chief sponsors are Rep. Ron Stephens of Troy and Sen. Denny Jacobs of Moline.
Young Lawyers set Dec. 3 date for benefit reception
The evening of Friday, Dec. 3, will provide opportunities for Illinois lawyers to have a good time while doing a good deed for the children of witnesses and litigants in courthouses across the state.
That's when the ISBA Young Lawyers Division will hold its annual holiday party, a benefit for the Children's Assistance Program, from 6 to 10 p.m. at Joe's Sports Bar, 940 W. Weed St., Chicago.
Last year's event raised $20,000 toward maintaining supervised courthouse waiting rooms for children, and providing toys, books and games to pass the time until their parents and caregivers return from the courtrooms.
The cost of the YLD holiday party is only $35 per person, but additional contributions of any size are appreciated. Tax-deductible checks should be made payable to IBF/ Children's Assistance Fund.
For more information, or to make a donation that will be acknowledged at the party, contact ISBA Assembly and YLD Council member Gregg A. Garafalo at (312) 286-5440 or gregg@garofalolaw.com.
Putnam County: Small cadre of big-hearted lawyers
By Stephen Anderson
Putnam County is a small enclave, a mere blip on the channel of the mighty Illinois River.
The Illinois Blue Book ranks Putnam the fifth smallest county in population, and the Attorney Registration and Disciplinary Commission report last year tallied just six resident lawyers there - tied for sixth fewest in the state.
But that small complement of big-hearted practitioners has compiled an enviable record that has enhanced the image of the legal profession in the community and taught valuable lessons to its future leaders.
For 25 straight years, the Putnam County Bar Association has conducted a Law Day mock trial program that is a tradition eagerly anticipated by each graduating class at Putnam County High School.
Down in Hennepin (pop. 707), where the County Courthouse is situated, only six lawyers are listed in Sullivan's Law Directory. One is a judge, one is state's attorney, and one is president of the bar association.
Each year, near May 1, the celebration in the courthouse begins with an explanation of why Law Day is an opportunity for all citizens to remind themselves of the importance of law in society and the marvel of durability and flexibility of the Constitution.
Judge Scott A. Shore of the 10th Circuit did the honors this year, and President Roger C. Bolin (who, by the way, has also served as county public defender) followed by introducing the students to bar members, court and county personnel.
Then the mock trial commenced, following the general outline of relevant facts prepared by Shore and Bolin. The case was based fictitiously on the high school senior prom.
The student participants were chosen randomly and given 20 minutes to study their roles. They were assisted by Shore, Bolin, Walter Durley Boyle and State's Atty. James A. Mack of Hennepin, James Helmig of Granville, and law school graduate Christina Judd, who was to be admitted to the bar within a week.
Circuit Clerk Cathy Oliveri and bailiff Brad Acuncius also helped train their student replacements on courtroom procedures.
The plaintiff, "Sonny Burns," had applied a defective tanning agent that caused him to glow in the dark whenever he became excited on prom night. Instead of winning the dance contest, as had been expected, he was the laughing stock of the event.
So Sonny and his date sued the fellow student who had sold him the product, and the owner of the tanning salon. Citing pain, suffering and the lost chance of winning the contest prize, a 2004 Porsche, they asked for a million dollars in damages plus prom expenses.
They lost. A jury of their peers denied the claim. Judge Shore praised the students for "some surprisingly high-quality work."
The Law Day event included a special tribute to 90-year-old Hennepin attorney Walter Durley Boyle for his continuing dedication to the community and active practice of law. He is of counsel to Boyle, Goldsmith & Bolin.
A member of the Illinois bar since 1936, Boyle in 1993 was the second recipient of the ISBA General Practice Section Tradition of Excellence Award. In addition to his leadership and philanthropic contributions, he was county state's attorney for 40 years.
Boyle and his wife have provided scholarships to help several Putnam County students attend college after the learning experiences they enjoyed in the Law Day mock trial programs.
'Illinois Motions in Limine' is subject's first resource
Chicago attorney Scott D. Lane, a member of the ISBA Tort Law Section Council and Civil Practice and Procedure Section Council, is an author of "Lane & Lee's Illinois Motions in Limine," released this month by Litigation One Publishing in Tustin, Calif.
Co-author of the new practice guide to exclusion of evidence under Illinois law is Stephanie Hoit Lee of Algonquin, a prolific writer of briefs for the office of state's attorneys appellate prosecutor and other legal organizations.
"Illinois Motions in Limine" utilizes a unique, pre-researched format that permits litigators to build briefs and memoranda quickly by using its companion CD-ROM and numerous samples.
Nearly 200 useful motions have been contributed by veteran civil and criminal law practitioners such as ISBA past president Terrence J. Lavin, CBA past president Thomas Demetrio, John Bell, William V. Johnson, Robert Loeb and Patrick Salvi.
Digital versions contained in the CD-ROM are formatted for copying and pasting from texts in Microsoft Word (Windows and Mac), Corel WordPerfect (Windows) and Adobe Acrobat Viewer (PDF).
"Motions in limine are a critical and often underutilized evidentiary tool," Lane said. "Prior to the release of this book, there were simply no resources in the state that adequately covered the subject."
Lane added that he "jumped at the opportunity" when approached by the publisher. "I was intrigued by the scope and originality of this text and am very excited to be associated with such an important trial preparation tool."
Lane and Lee also have worked together in preparation of the 2004 update to Lane's Goldstein Trial Techniques.
For information about obtaining "Lane & Lee's Illinois Motions in Limine," call Litigation One at (888) 577-3771 or visit the Web site, www.litigationone.com.
Motions in limine clarified, Lane-Lee guidebook praised
By Judge Edward R. Burr
It would be highly improbable if counsel in Illinois, as elsewhere, on either side of a dispute involved in either a civil or a criminal jury trial, were not to file motions in limine with the court.
The purpose of a motion in limine is to grant to a trial court the power to allow or to prohibit certain evidence, prior to trial, that a moving party anticipates will be attempted to be introduced at the trial. The trial court is thereby asked to consider making an evidentiary ruling on such motions.
The considerable value of the use of such a method to prevent prejudicial evidence and improper argument before a jury has been discussed at length by our courts of review and has been an extensive topic of discussion in the law schools and in trial technique courses.
The litigation bar and the courts have been cautioned that because motions in limine are a fertile ground for confusion and misunderstanding at trial, a proper, written motion and a written proposed order should be prepared by the moving party.
It is precisely because of the importance of this method of obtaining pre-trial evidentiary rulings, interlocutory though they are, that a litigator will be well-served to have an authoritative and well organized resource for assistance in the preparation of motions in limine that are appropriate for a particular case.
Such a practice guide has been produced by two Illinois attorneys, Scott D. Lane and Stephanie Hoit Lee. Their new book, "Illinois Motions in Limine," comes in a three-ring binder containing over 500 pages of carefully researched materials divided into ten, tabbed chapters.
The materials contained in the book are quite comprehensive and include not only examples of a myriad of sample motions with supporting case authority, but a list of opposition citations as well.
The authors prevailed upon some of the more notable Illinois litigators who have contributed approximately 200 additional sample motions, not found in the book's printed text, that they have used in their own practices.
"Illinois Motions in Limine" is, in my opinion, a resource tool that deserves a place in every litigator's library.
* * *
Edward Burr, an Illinois trial judge for 20 years, presides over complex, civil jury trials in the Cook County Law Division. He has extensive trial experience in both civil and criminal matters.
Law enforcement officers receive ISBA appreciation
ISBA Law Enforcement Awards were presented recently to a pair of public servants for conduct beyond the call of duty that promotes justice and brings honor and respect to the criminal justice system.
Lt. Gary Hart of the Lee County Sheriff's Department received his award from ISBA President Ole Bly Pace III during a ceremony at the County Courthouse in Dixon, and Commander Bruce Malkin of the West Chicago Police Department was honored at Pheasant Run by Second Vice President Irene F. Bahr.
Dixon attorney Robert J. Thompson, a former public defender, nominated Hart for his Law Enforcement Award because "he embodies the standard of a selfless law enforcement officer who has always demonstrated an excellent sense of judgment and compassion on the job."
Thompson cited Hart's reputation of fairness and professionalism in making proper arrests that are rarely challenged in court. He also has performed CPR at three incidents and assisted emergency personnel in others.
Hart has set up emergency contingency plans for local schools and taught procedures to students. He has recruited volunteer reserves to help coordinate special events and provide security, and has spearheaded three fund raisers to hire new officers for prevention of drug crimes.
Malkin was nominated by DuPage County State's Attorney Joseph E. Birkett for his "demonstrated zeal, compassion, ingenuity and commitment in the fight against street gangs."
As head of West Chicago's Problem Oriented Police Unit, Malkin is on the front lines in the battle with gangs. He helps develop community action plans to address threatening situations and facilitates cooperative action plans so residents can take control of their neighborhoods.
A recognized expert on street gangs, Malkin has participated in several educational programs, has written extensively on the subject. and has testified as an expert witness in many court cases.
Equally concerned with drug problems, Malkin has received a commendation from the International narcotics Officers Association for his leadership in the Operation Wake-Up Call investigation into the Latin King gang's drug dealing.
Five investigators for the Cook County state's attorney's office received ISBA Law Enforcement Awards in May from then-President Terrence J. Lavin.
Betty L. Coleman of the Domestic Violence Section was honored for advocacy above and beyond her duties of gathering evidence and working with victims and witnesses. She speaks frequently to community groups about violence prevention, and she has learned sign language to assist those who are hearing-impaired.
Four investigators from the state's attorney's Cold Case Murder Squad were honored for their untiring efforts to solve the seven 1993 murders in a Brown's Chicken restaurant. They are John Duffy and Brian Killacky, who have retired, and Curtis Conley and Fernando Cervantes.
State's Attorney Richard A. Devine nominated them for never quitting the task of solving the case, and for giving up personal time with families to learn the identities of two individuals who have been charged with the murders.
"Few people saw the hard work and dedication these men showed," Devine said, "whether it was locating witnesses for the grand jury or taking a confession from one of the suspects.
"No words can describe the relief on the faces of fellow law enforcement officials and the victims' grieving families, knowing one of the most infamous crimes in Illinois history had been solved," he added.
The four investigators also worked together on two serial murder cases, risking their lives to go under cover and obtain evidence against suspects while wearing court-authorized wires.
The Law Enforcement Awards were created by the ISBA to recognize the conduct of officers who excel in efforts that promote justice and bring respect to the criminal justice system.
Paralegal group conducts seminar
The Central Illinois Paralegal Association will conduct its 15th annual educational seminar from 8 a.m. to 4:30 p.m. Friday, Sept. 10, at The Chateau in Bloomington. For registration details, call Deborah Bradd at (217) 384-3733.
CIPA President Ann G. Hill will open the program, and Debra J. Monke of State Farm Insurance, president of the National Association of Legal Assistants, will deliver the keynote address, "The Three-Legged Stool of Leadership."
Seminar topics include trademark prosecution, Illinois election law, life insurance litigation, use of focus groups, and court reporting in the 21st century. Associate Judge Jeffrey B. Ford of the 6th Circuit will present "A Judge's View of DUI Sentencing."
Other speakers include Peoria trial attorney and psychologist Rodney Nordstrom, State Farm attorney Jim Muhlenbach, McLean County Clerk PeggyAnn Milton, and certified shorthand reporter Kris Randolph.
A job fair and vendor exhibits will be open during seminar breaks.
Fay Clayton earns Elmer Gertz Award
Chicago civil rights attorney Fay Clayton will receive the Illinois State Bar Association's fourth annual Elmer Gertz Award during a luncheon Thursday, Nov. 18, in the 410 Club of the Wrigley Building.
The ISBA Individual Rights and Responsibilities Section and the Blind Service Association are sponsors of the event, at which Chicago attorney and alderman Edward Burke will be keynote speaker.