Still another example of the booklet's usefulness is its section on itemized deductions. This is especially significant in terms of expenses for the cost and upkeep of military dress battle uniforms and utility uniforms if service members cannot wear them off duty.
Most important in my experience is the part dealing with filing returns. Several extensions are listed that can be used, depending on whether a person is located inside or outside of the United States.
The booklet describes various ways in which returns can be signed, which is especially critical when a filer is either overseas or incapacitated.
As I have seen from experience, a power of attorney or a signed IRS Form 2848 for an agent or spouse is always useful to have, since it avoids many problems when a person cannot be present to sign a return.
In addition to IRS Publication 3, local active duty installation legal offices often support tax centers for service members and their families. They can go there to ask questions, get filing assistance and in most instances, file returns electronically free of charge.
Not all installations offer such services, so activated reservists and guard members or their families should contact the nearest military facility to check on availability.
Finally, access to the Defense Finance and Accounting Service (DFAS) "myPay" system is critical for income tax purposes. Through this system, by using personal identification numbers (PIN), service members can get copies of their W-2 forms.
In the past, such forms were provided in hard copy to each service member. Now, except in occasional circumstances, service members receive their W-2 forms through DFAS. Not having access to the system could impede receipt of a W-2 form and thus slow the income tax filing process.
The DFAS "myPay" Web site is located at https://mypay.dfas.mil/ mypay.aspxwhere a great deal of information is provided about accessing W-2 forms.
The general DFAS Web site at http:// www.dfas.mil/money/milpay/ also provides helpful information in regard to general pay subjects, especially guidance on how to read a military leave and earning statement (LES).
This can be a critical document for service members, family members and tax advisers to understand when ensuring that personnel are being paid appropriately, based on location and status. It is one of the first documents I showed my wife when we were married, and it took some time to describe the significance of each box on the form.
The IRS Web site for forms and publications is located at http://www.irs. gov/formspubs/. A copy of Publication 3 can be downloaded from that site. It is a must-have for activated service members, their families and civilian lawyers.
The spring schedule of weekly classes of Fred Lane's Trial Technique Institute will begin Tuesday, Feb. 15, in the ISBA Chicago Regional Office. Prospective students may attend the first session at no charge.
Co-directors of the Trial Technique Institute are ISBA past president Fred Lane and Scott D. Lane, a member of the Tort Law Section Council.
Guest faculty members who conduct occasional sessions include trial attorneys Philip H. Corboy, Robert Clifford, Kevin T. Martin, Joseph A. Power, Pamela L. Gellen and Andrew Kopon Jr., and Appellate Justice Michael J. Gallagher.
The 90-minute class presentations take place at 5:15 p.m. each Tuesday. The sessions are videotaped so participants can review them to observe improvements in voice and manner.
The complete nine-month course consists of 54 hours of learning and practicing the finer points of trial practice. Those who miss a class may arrange to watch the tape of it in the ISBA office.
For registration details, call (312) 726-8775. The fees are $875 for ISBA members and $925 for non-members.
A story in the December issue of the ISBA Bar News regarding presentation of the Elmer Gertz Award to Chicago attorney Fay Clayton referred incorrectly to the U.S. Supreme Court case of National Organization for Women v. Scheidler as a First Amendment matter.
Rather, the 1994 decision in N.O.W. v. Scheidler concerned use of the RICO statute and was reversed in 2003 in Scheidler v. N.O.W. The litigation continues as a result of the subsequent decision.
The former case was cited in the story as one of many highlights of Fay Clayton's career in civil rights litigation, some of which was based on the First Amendment. It was mentioned in light of the protest that occurred at the time of the award presentation.
Five more Illinois Bar Foundation Fellows signed up during the ISBA Midyear Meeting, and four Fellows increased their levels of contribution to the foundation's charitable initiatives.
Foundation President Russell K. Scott of Swansea became the first Pillar of Foundation, a commitment of $25,000. Steven B. Levy of Naperville upgraded to Pillar of Profession ($15,000). Daniel Wurl of Champaign and ISBA Assembly member Susan M. Brazas of Rock City upgraded to Silver Fellows ($2,000).
New Fellows are Kerry R. Peck and Aurora Abella Austriaco of Chicago, Michael Sheehan of Park Ridge, Ford C. "Chet" June III of Joliet, and Karen Darby of Springfield, executive director of the Illinois Institute for Continuing Legal Education.
For information on various levels of participation as a Fellow of the Illinois Bar Foundation, call executive director Susan M. Lewers at (312) 726-6072.
The foundation has announced that Chicago attorney William R. Quinlan, a retired appellate justice and former member of the ISBA Board of Governors, will be honored at the annual gala on Friday, Oct. 14.
Quinlan will receive the Distinguished Award for Excellence during the black-tie benefit dinner dance in the Four Seasons Hotel, Chicago.
The deadlines for two ISBA awards that will be presented during the Annual Meeting in June at The Abbey on Lake Geneva are scheduled in April. To obtain nomination forms and other information, call Janet M. Sosin at (312) 726-8775.
Young Lawyer of the Year nominations must be submitted by Friday, April 29. One recipient will be selected from Cook County and another from outside of Cook County.
Law Student Public Service Award nominations will be due Friday, April 15. One finalist will be selected from each affiliated law school, and the award will be presented to one of them.
Both awards stress service to the legal profession and community organizations. Nominees must be ISBA members or law student chapter members in good standing.
Nominations are being sought for ISBA Law Enforcement Awards, which are presented each year to sworn law enforcement officers to distinguish those whose service to the public brings honor and respect to the criminal justice system.
The ISBA Public Relations Committee solicits nominations specifically from chief judges of each circuit, state's attorneys, public defenders, local bar presidents and members of the ISBA Assembly, who will be mailed nomination forms. The Board of Governors selects the recipients.
Winners of the award are chosen based on conduct that, in substantial ways, facilitates a better understanding of the criminal justice system, encourages respect for the law or promotes justice.
The awards are presented publicly, usually at local bar association meetings or other events. The purpose of the program is to recognize that the law enforcement community and the ISBA share the ultimate goal of ensuring justice through fair and impartial enforcement of the law.
Deadline for nominations is Friday, March 4. For information about submitting a nomination, contact the ISBA Public Relations Committee, 424 S. Second St., Springfield 62701.
Pro bono award deadline posted
Illinois attorneys, law firms and bar associations are eligible to receive John C. McAndrews Pro Bono Service Awards that will be presented in June during the ISBA Annual Meeting at The Abbey on Lake Geneva.
Named in memory of a past chair of the ISBA Committee on Delivery of Legal Services, the award honors members of the legal profession who show extraordinary commitment to providing free representation or expanded availability of services to income-eligible individuals.
The deadline for submitting nominations to the ISBA Legal Department is Friday, March 11. See the Web site www.isba.org for nominating criteria and other information, or call (800) 252-8908.
Language Tips guru compiles reference
Gertrude Block, author of the ISBA Bar News column, Language Tips, has compiled the substance of 20 years of practical usage articles into one resource guide, "Legal Writing Advice: Questions and Answers."
The 210-page book covers a range of language-related queries about the meanings and etymology of words and the style, propriety and grammar of legal writing. The easily referenced, conveniently divided work is presented in a question-and-answer format.
Block, a lecturer emerita at the University of Florida College of Law, is also the author of five editions of "Effective Legal Writing" and the American Bar Association's "Judicial Opinion Writing Manual."
Copies of her new book (item #330970) may be ordered from William S. Hein & Co. in Buffalo, N.Y., by calling (800) 828-7571 or sending an e-mail to heincite@wshein.com. The price is $59.95 plus shipping.
The ABA Techshow, the world's leading legal technology conference, is coming to Chicago March 31 through April 2, and ISBA members are eligible for a $100 discount. Headquarters hotel for the show is the Sheraton Chicago Hotel and Towers, familiar to many as the longtime home of the ISBA Midyear Meeting.
The ABA Techshow features dozens of educational seminars led by top legal technology experts. The exhibit hall is expected to attract more than 100 legal technology vendors.
This year's show will be organized around 13 educational tracks, including solo practice, litigation, family law, e-discovery, the Internet, and malpractice prevention. On Saturday, April 2, the show's "Training Institute" will offer registrants 90-minute training sessions devoted to selected software. Last year's product lineup included Amicus Attorney, Time Matters, Billing Matters, Case Soft, and Summation. There is no extra charge to attend the institute, and many software manufacturers offer discounts for their products to Techshow attendees.
You'll find a banner linking to ABA Techshow information and registration at the bottom of the ISBA homepage at <www.isba.org>, or you can go directly to <http://www.abanet.org/techshow>. To take advantage of the $100 ISBA member discount, use program promoter code PP27 when you register. You'll save an additional $100 if you sign up by February 18.
Director of Legislative Affairs
The 93rd General Assembly retires forever on Jan. 11 after possible action drawing judicial subcircuits for some of the suburban circuits. The new year also triggered several new laws summarized as follows.
Judicial subcircuits. Public Act 93-541 authorized the General Assembly to draw boundaries for the following subcircuits: (1) McHenry county will become the new 22nd Circuit and will contain three subcircuits. (2) The 19th Circuit (Lake County) will be divided into six subcircuits. (3) The 12th Circuit (Will County) will be divided into five subcircuits. The boundaries for these subcircuits may be one of the last things the 93rd General Assembly does before it is concluded. The House and Senate Judiciary Committees also took testimony in December on whether (1) Winnebago and Boone counties and (2) Kane, Kendall, and DeKalb counties should also be divided into subcircuits.
Standby adoption. Public Act 93-732 expands the standby adoption statute by deleting the current requirement that limits its use only if a parent is terminally ill.
Open meetings and verbatim record. Public Act 93-1007 amends the Open Meetings Act. It does the following: (1) Requires public bodies to keep written minutes of closed (as well as open) meetings. (2) Deletes the current requirement that a public body periodically meet to review "recordings" of all closed meetings to determine the continuing need for their confidentiality. (3) Exempts the verbatim recording from being subject to discovery in any judicial proceeding other than to enforce the Open Meetings Act. If the court finds an examination of the verbatim record is necessary, it must (now, may) conduct it in-camera. (4) Requires the court's initial inspection in a criminal proceeding to be in-camera as well. (5) Deletes the authority of an administrative hearing officer to determine compliance under FOIA so that only a judge will have that authority.
Residential Tenants' Right to Repair Act. Public Act 93-891 authorizes tenants to make repairs after written notice in certain situations. (1) The repair must be required under a residential lease agreement or required under a law, administrative rule, or local ordinance or regulation; and (2) the reasonable cost of the repair does not exceed the lesser of $500 or one-half of the monthly rent.
If the landlord fails to make the repair within 14 days after notification or more promptly as conditions required in the case of an emergency, the tenant may have the repairs made in a workmanlike manner and in compliance with the appropriate law, administrative rule, or local ordinance or regulation.
After submitting to the landlord a paid bill from an appropriate tradesman or supplier unrelated to the tenant, the tenant may deduct from his or her rent the amount of the bill. But the bill may not exceed the limits specified by this law nor exceed the reasonable price then customarily charged for the repair.
A tenant may not repair at the landlord's expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or another person on the premises with the tenant's consent.
Exceptions include (1) public housing, (2) condos, (3) not-for-profit corporations organized for residential cooperative housing, (4) owner-occupied rental property containing six or fewer dwelling units, (5) tenancies other than residential tenancies, and (6) mobile homes.
Domestic battery. Public Act 93-809 requires a mandatory minimum sentence of 72 consecutive hours of imprisonment for a second or subsequent conviction of domestic battery. Public Act 93-810 doubles the fine for domestic battery and sexual assault and PA93-811 amends the Civil No Contact Order Act to do a number of things.
"What's happening all across this country is that lawyers are filing baseless suits against hospitals and doctors. That's just a plain fact. And they're doing it for a simple reason. They know the medical liability system is tilted in their favor."
President Bush, speaking January 5 in Collinsville, Illinois, on why he wants Congress to pass medical liability reform legislation, including a $250,000 cap on non-economic damages