ISBA to monitor judicial campaign messages
By Stephen Anderson
A statewide effort by the Illinois State Bar Association to monitor political advertising claims and public statements about candidates for the Illinois Supreme and Appellate Courts was announced Aug. 25.
ISBA President Ole Bly Pace III kicked off the initiative during a press conference in Collinsville. He was joined by Circuit Judge Lloyd A. Karmeier and Appellate Justice Gordon E. Maag, who are campaigning for a 5th District vacancy on the Supreme Court.
"We are seeing a trend around the country of judicial elections becoming highly politicized," Pace said. "Special interests put forth large amounts of money and try to inject their favorite issues into judicial campaigns."
Pace criticized advertising claims that damage the reputation of the court system and destroy confidence in the justice system. "If this happens in Illinois, we will speak out forcefully and encourage candidates to join us in countering these messages," he said.
Both Karmeier and Maag have signed an ISBA pledge, agreeing that they "will publicly disavow advertisements that impugn the dignity, integrity or independence of a candidate ... or which erode public trust and confidence in the dignity, integrity or independence of the judiciary."
Pace also announced the establishment of a blue-ribbon Committee on Supreme and Appellate Court Election Campaign Tone and Conduct, chaired by Rockford attorney Thomas S. Johnson.
The committee will monitor campaign advertising for messages that adversely affect the reputation or integrity of the courts. Candidates may be asked to withdraw offensive ads or to disavow those placed by outside interest groups.
In addition to Johnson as chair, ISBA past president Thomas A. Clancy of Chicago is vice chair of the committee. Past president Lawrence X. Pusateri of Chicago, a retired Appellate Court justice, also serves.
Other members are retired Supreme Court justices John L. Nickels of St. Charles and Seymour Simon of Chicago, U.S. Magistrate Judge John A. Gorman of Peoria, Mary Lee Leahy of Springfield, Shari R. Rhode of Carbondale, and Mary Schaafsma of Chicago.
The ISBA Board of Governors voted in May to form the committee after hearing representatives of the Illinois Campaign for Political Reform urge the bar to help provide interpretation of the Code of Judicial Conduct and articulation of standards unique to judicial elections.
ICPR director Cindy Canary and judicial project director Schaafsma related confidence that 5th District candidates would comport themselves appropriately, but expressed fears that third-party interests would spend significant amounts of money on negative advertisements to influence the election.
Canary said the political campaign reform initiative needed ISBA leadership to establish guidance for the tone of advertisements and to provide a "voice of authority" to inform news media of abuses and to speak up when the judicial system is impugned.
Hurricane victims need counsel
It could be a year or more before many Central Florida residents recover from the damage caused by Hurricanes Charley in August and Frances in September. Many homes are uninhabitable, and some of their owners have become unemployed.
In addition to the pressing demands for insurance adjusters and licensed repair tradesman, there is an urgent need for lawyers to help sort out the legal entanglements.
The Illinois State Bar Association has put out a call for Illinois lawyers who are admitted to practice in Florida to volunteer for pro bono assistance by telephone for victims of the disaster and its aftermath.
Chicago attorney John L. Nisivaco of Lavin & Nisivaco, a member of the ISBA Young Lawyers Division Council, has been requested by the American Bar Association Young Lawyers Division to help identify Florida-licensed attorneys who will respond to phone calls.
As ISBA representative to the ABA YLD, Nisivaco is responsible for mobilizing disaster assistance volunteers from Illinois. He has been advised to expect a large number of calls for pro bono legal services over the next six months.
Florida-licensed lawyers who are willing to help should contact Craig D. Cannon, volunteer coordinator for the ABA, at his firm in Winston-Salem, N.C. Call (336) 721-3694 or send an e-mail to ccannon@wcsr.com.
Estimates place the damage from the two hurricanes at close to $30 billion, about double the insurance coverage. A brisk housing market before the storm has resulted in shortages of both building materials and qualified contractors.
In addition to waiting for resolution of insurance claims, homeowners are warned to be wary of itinerants who offer to make repairs. Florida's licensing requirements are stringent. Work done by unlicensed workers could jeopardize insurance coverage.
Many homeowners are seeking interim relief from mortgage payments. Some mortgagors have programs that provide for suspension or reduction of monthly obligations.
An all-new Get-a-Member Campaign made its debut this month, and this time around there are real savings in it for ISBA members. Here's how it works:
From now through June 30, 2005, a current member who brings in one new member will receives a 25 percent discount on one year's worth of dues. Bring in two, three or four, and you get 50, 75 or 100 percent off your dues, respectively.
That means if you recruit four members, your dues are free for one year! You are certainly welcome to bring in more than four new members, and although we won't be able to do better than give you one year's membership free, we'll reward you with a deluxe ISBA polo shirt or up to four ISBA coffee mugs.
Just as with our previous campaign, the lawyers you recruit still get 50 percent off their dues for a one-year period.
By participating, you not only help yourself, but you help your association grow. ISBA members make the best recruiters, because no one understands the benefits of membership better.
We'll help you recruit your peers by providing a packet that includes informational ISBA brochures, a sample recruitment letter, an application form and other important details. To receive the packet, contact Ann Boucher by phone at (800) 252-8908 or e-mail to aboucher@isba.org.
You can download the same information from the ISBA Web site, www.isba.org/getamember.
If you're not sure who's a member and who' s not, Ann will find out and let you know. Recruited members may use the sign-up form on our Web site by using MasterCard or Visa. There are a few rules to keep in mind.
1. Recruited members must not have been ISBA members for at least two years, based on their last drop date.
2. Recruited members must seek admission as regular dues-paying members, pay the 50 percent-off amount in advance, and name you as the recruiter at the time of application.
3. You (the recruiter) must be an active member in good standing, in any dues category, and your discount applies only to dues currently owed but not paid, or to your next year's dues.
4. The attorneys you recruit are not eligible to participate in the campaign during the succeeding fiscal year.
ABA adopts malpractice coverage rule
Illinois lawyers have to disclose insurance status
A proposed Model Court Rule on Insurance Disclosure, which the ISBA Board of Governors voted July 16 to support, was adopted Aug. 9 by the American Bar Association House of Delegates during its meeting in Atlanta.
The vote of the delegates was a marginal 213 to 202, but the issue was moot in Illinois. The Supreme Court will require all practicing Illinois lawyers to disclose, with their registrations for 2005, whether they carry professional liability coverage (ISBA Bar News, July 2004, page 6).
New forms are expected next month from the Attorney Registration and Disciplinary Commission. Failure to truthfully report whether or not one has malpractice insurance in effect will result in withholding of a law license for next year.
ISBA past president Cheryl I. Niro, a longtime member of the ABA House, told the Board of Governors in July that Illinois is now one of six states in which disclosure of the status of malpractice insurance coverage is mandated.
Eleven other states have considered mandatory disclosure with registration, and six states require that lawyers at least disclose to clients whether they are covered. Only one state requires registered lawyers to have malpractice insurance.
The amendment to Illinois Supreme Court Rule 756(e) and (f), adopted June 15, permits the ARDC to conduct random audits of information provided by lawyers' registration forms. Records of malpractice insurance coverage must be maintained for seven years.
The ABA Committee on Client Protection recommended adoption of the model rule to "reduce public harm by giving consumers of legal services an opportunity to decline to hire a lawyer who does not maintain professional liability insurance."
Terence MacCarthy to share cross examination knowhow
Terence F. MacCarthy, executive director of the Federal Defender Program in Chicago since 1966, will conduct two ISBA Master Series seminars on the trial techniques of cross examination and impeachment. He has taught similar courses in all 50 states.
Called "the first and best federal public defender in the nation" by Judge William J. Bauer of the U.S. Court of Appeals, MacCarthy is a Laureate of the ISBA Academy of Illinois Lawyers.
Bauer noted that by careful selection and training of his cadre of defense attorneys, MacCarthy "forced the prosecution to be constantly aware that their witnesses and trial strategies would be put to absolute tests."
A 1960 graduate of the DePaul University College of Law, the federal defender has received a Justice William J. Brennan Award from the University of Virginia, a Harrison Tweed Special Merit Award from the American Bar Association and a Reginald Heber Smith Award from the National Legal Aid and Defender Association.
MacCarthy has chaired the ABA Section of Criminal Justice and served on the board of governors and House of Delegates. He has chaired the board of regents of the National College of Criminal Defense and served on the board of trustees of the National Criminal Defense College.
His ISBA seminars will take place from 8:45 a.m. to 4:30 p.m. Friday, Oct. 29, at the UBS Tower Conference Center, Chicago, and Friday, Nov. 19, at the Holiday Inn, Collinsville.
McCarthy's topics include Cross Is Critical; Scope of Cross-Examination; the First Cross Examination (Susanna and the Elders); Ethical Considerations; the Bad, the Ugly and the Good, and the Purpose of Lecture on Cross.
He also will discuss a "Look Good" System of Cross Examination; Report Card; System/Formula, and Impeachment: Weapons of Mass Destruction.
Midyear hotel rooms should be reserved soon
The Illinois State Bar Association will conduct its Midyear Meeting Thursday through Saturday, Dec. 9 to 11, once again at the Sheraton Chicago Hotel. The Illinois Judges Association will hold its annual convention there at the same time.
ISBA members who plan to attend and need overnight accommodations are urged to contact the hotel as soon as possible. Call (312) 329-7000 or (800) 233-4100 and advise the reservation department that you will be attending the ISBA meeting.
A special rate of $177 per night, single or double (plus tax), is being offered. The last day that reservations may be made at that price, if rooms are still available, is Wednesday, Nov. 10. See the announcement on page 6 for additional information.
The traditional format of the ISBA Midyear Meeting includes the joint dinner with the Chicago Bar Association on Friday in honor of justices of the Illinois Supreme Court, and the semi-annual meeting of the Assembly on Saturday morning.
Business meetings of section councils and committees will take place during the three-day event, most at the Sheraton and some at the ISBA Chicago Regional Office.
Five Law Ed Series seminars will be conducted. All-day Family Law and General Practice, Solo and Small Firm Updates are scheduled Friday, along with a morning program on Commercial, Banking and Bankruptcy Law. Seminars on Real Estate Law and Trusts and Estates basics will be held Saturday morning.
The ISBA Board of Governors will meet at 9 a.m. Friday, Oct. 8, at Eagle Ridge Inn, Galena. Future meetings are scheduled Nov. 12 at the Four Seasons Hotel, Chicago; Jan. 28 at the Westin River North Hotel, Chicago; April 8 at a Chicago location, and May 13 at the Renaissance Hotel, Springfield.
The locations of two bar association events this month have been changed from the Palmer House Hilton to the Chicago Hilton and Towers.
They are the Women's Bar Foundation annual scholarship luncheon on Thursday, Sept. 23, and the Justinian Society annual installation banquet on Thursday, Sept. 30. Details of each may be found elsewhere in this issue.
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The name of the law firm of Jack Carriglio, new president of the Chicago chapter of the Federal Bar Association, was incorrect on page 24 of the August issue. It is Meckler, Bulger & Tilson.
ISBA members are invited to submit thoughtful commentary on legal issues or changes in the practice and the profession for publication, within limits of space and taste. Letters to the editor and reviews of law-related books also are welcome.
Copy may be sent by facsimile to the ISBA Bar News editor in Chicago, (312) 726-1422, or by e-mail to sanderson@isba.org.
New homestead exemption act vexes real estate lawyers
By Stephen Anderson
Real estate transaction lawyers who continue to routinely apply variation factors of 5 or 10 percent as credits to buyers for the unpaid property taxes of sellers are "foolish at best and may be guilty of malpractice."
That warning was given by Chicago attorney John K. Norris of Rubin & Norris, past chair of the ISBA State and Local Taxation Section Council, to an overflow audience at an Aug. 11 meeting of the Illinois Real Estate Lawyers Association in the ISBA Chicago Regional Office.