University's Medill School of Journalism or as a reporter for the Milwaukee Journal between college and law school.
A roundtable discussion of the impact of the U.S. Supreme Court decisions in U.S. v. Booker on federal court sentencing will take place from 2 to 6 p.m. Thursday, April 28, at the University of Illinois College of Law, Champaign.
Two afternoon panels are scheduled. Panelists include Chief Judge Michael P. McCuskey of U.S. District Court for the Central District and past chair of the ISBA Federal Civil Practice Section Council, and Judge Michael S. Kanne of the U.S. Court of Appeals for the 7th Circuit.
The program will open with introductions by Margareth Etienne of the law school faculty, and Urbana attorney J. Steven Beckett. The first panel, Perspectives on Guideline Sentencing Pre-Booker, will begin at 2:15 p.m. Topics and speakers are:
The Road to Booker: How Did We Get Here? with Prof. Etienne; Discretion and Disparity in Guideline Sentencing, with Prof. Max Schanzenbach of the Northwestern University School of Law; Jury v. Judge in Fact-finding, with U.I. Law Prof. Andrew Leipold, and A Historical View of the Jury's Role: Lessons from the 19th Century, with U.I. Law Prof. Bruce Smith.
Etienne and Beckett will be moderators for the 3:45 p.m. panel discussion on The Future of Sentencing After Booker. In addition to Judges McCuskey and Kanne, panelists are:
Ohio State University Law Prof. Douglas Berman, assistant U.S. attorney Timothy A. Branch of Urbana, deputy federal defender Carol A. Brook of Chicago, Vanderbilt University Law Prof. Nancy King and Gary Russell of the U.S. probation office for the Central District.
A question-and-answer session will conclude the program. For more information, call Margareth Etienne at (217) 265-0878.
250th birthday of John Marshall, author of Marbury decision, to be marked in fall
By Stephen Anderson
Two hundred years ago last month, Thomas Jefferson was inaugurated for his second term as president of the United States.
The oath of office was administered March 4, 1805, by Chief Justice John Marshall, whose 250th birthday will be celebrated this fall with special events in Richmond, Va.
Jefferson's second inaugural came precisely four years after a disgruntled John Adams left office, having lost a bitter three-way election that was decided by the House of Representatives.
Adams made several lame-duck appointments, among them the nomination of fellow Federalist John Marshall as chief justice. Marshall was sworn in on Feb. 4, three weeks before a new judiciary act took effect and Adams appointed 42 justices of the peace.
On March 4, 1801, when Jefferson commenced his first term, he ordered the commissions withheld. One had been designated for William Marbury, whose resulting attempt to obtain a writ of mandamus spawned the historic ruling in Marbury v. Madison.
Marshall wrote the opinion that set in stone the concept of judicial review that the Supreme Court can overturn acts of Congress that are contrary to the Constitution.
All of this took place during a 10-year period when Marshall's political meanderings, and a Virginia land investment, had left him with mounting debts. He wrote a five-volume biography of George Washington in three years, hoping it would provide a windfall. It didn't.
Marshall had been minister to France in 1797-98, a member of the House of Representatives in 1799-80, and secretary of state from 1800 until his Supreme Court appointment early the next year.
The Richmond home that Marshall commissioned and first occupied in 1790 is undergoing a thorough restoration. Work on the National Historic Landmark is expected to be completed in time for celebration of the 250th anniversary of his birth on Sept. 24.
Congress has authorized production of a commemorative John Marshall silver dollar this year, the first time a Supreme Court justice has been so honored.
The $200,000 home restoration includes repair and conservation of 18th century masonry and windows, protection of period furniture and decorative objects, and chromo-chronology research on the substance of paints.
The City of Richmond plans to conduct a series of commemorative activities that will increase public awareness of John Marshall's contributions to government and society. Special events and exhibits will take place at the home.
John Marshall House, where the chief justice lived until his death, is open to the public six days each week. Educational programs are offered for adults and children.
In Marshall's day, visitors romped the grounds playing tenpins and quoits, or went inside for games of whist and backgammon. Fine wines were stocked in the cellar.
About 80 percent of the collection of antique furniture, books and other objects in John Marshall House have been traced for authenticity to the chief justice and his family members.
When Marshall died on July 6, 1835, in Philadelphia, where he had been treated periodically for kidney stones and an enlarged liver, the Liberty Bell cracked as it tolled in mourning.
Changes effected for aid hotline at Chicago-Kent
Several changes have been made recently to the legal aid technology initiative that has been coordinated by the Chicago-Kent College of Law for the past four years.
The former Illinois Technology Center for Law and the Public Interest, an Illinois Bar Foundation grantee, is now known as Illinois Legal Aid. Its Web-based hotline for the public and clients has changed from www.Illinois LawHelp.org to www.IllinoisLegalAid.org.
The Web site for legal aid attorneys has therefore been changed from www.Illinois LegalAid.org to the new site, www.IllinoisLegalAdvocate.org.
IllinoisLegalAid provides information about legal rights and responsibilities to low-income and vulnerable state residents. Referrals are given to free and low-cost legal aid offices, and forms and instructions for self-representation are made available.
For more information, contact office coordinator Tony Ratliff at (312) 906-5319 or tratliff@kentlaw.edu.
'Tis the season for construction
Several spring and summer projects on Illinois highways may inspire ISBA members to allow extra time when traveling to and from bar association meetings around the state.
On I-55, the main route between Chicago and St. Louis, two auxiliary lanes will be added between Weber Road and Veterans Parkway in the southwest suburbs. The project was scheduled to begin this month and end by late August.
On I-88, the East-West Tollway that has been renamed for Ronald Reagan, the section between Route 59 and Naperville Road in the western suburbs is being repaved.
On I-94, the Dan Ryan Expressway heading south from Chicago, lanes will be added in each direction between 47th and 63rd Streets and between 67th and 95th Streets. The interchange with the Chicago Skyway will be reconfigured to eliminate dangerous crossovers.
Work will continue on the Skyway between 75th and 79th Streets, and new ramps will be built at 92nd Street and 105th Street. The westbound half of the high bridge is being rebuilt.
The ISBA Young Lawyers Division plans to raise funds for the Illinois Bar Foundation Children's Assistance Fund with a benefit golf outing Tuesday morning, July 26 at Indian Lakes Resort, Bloomingdale.
The schedule includes 7:30 a.m. registration breakfast, 9 a.m. shotgun start, and 2:30 p.m. reception, dinner and auction. Reservations are $150 per person and $600 per foursome. Several tax-deductible sponsorship opportunities are being offered.
For general information, call Gina M. Arquilla at (312) 322-0701. To inquire about sponsorships, call Bob Capuani at (312) 735-5977 or Kelley Gandurski at (312) 742-3903.
Registration forms may be accessed and completed online at www.golfinvite.com/isba. The committee requests that foursomes be registered by May 1.
Supreme Court disciplinary orders: March 2005
The following disciplinary orders were filed March 18 by the Illinois Supreme Court. Summaries are provided by the Attorney Registration and Disciplinary Commission.
DWIGHT LENORE BECK, Calumet City: Beck, who was licensed in 1985, was suspended for two years. On March 19, 2003, he was suspended for two years, with the suspension stayed in its entirety pending completion of a two-year period of probation with conditions. The sanction was imposed after he was convicted in state court of fleeing and eluding police and possessing a controlled substance. Because he failed to comply with the terms of his probation, the court revoked his probation.
THOMAS R. CIRIGNANI, Chicago: Cirignani, who was licensed in 1978, was suspended for one year and until further order of the court. He was convicted of unlawful possession of Ecstasy, a controlled substance, and sentenced to a 48-month term of probation. He was previously suspended for obtaining controlled substances with forged prescriptions.
HERBERT E. CLEVELAND, Prospect Heights: Cleveland, who was licensed in 1960, was disbarred on consent. While representing five clients in personal injury actions, he endorsed settlement checks on behalf of lienholders without authority and failed to remit the funds due to the lienholders.
LEWIS STANTON DOTSON, Mattoon: Dotson, who was licensed in 1964, was suspended for one year. He prepared and recorded a chain of fraudulent deeds to a parcel of land once owned by Abraham Lincoln, ultimately purporting to grant title to his own son. He then filed a petition to quiet title in the parcel and gave notice by publication to the shareholders of the former corporation that had legitimate title to the land. He then filed an affidavit in which he stated, falsely, that, although he had diligently attempted to locate them, none of the shareholders could be found. The suspension is effective on April 8, 2005.
GLEN EDWARD DRESHER, Dixon: Dresher, who was licensed in 1970, was disbarred on consent. He was found guilty of two Class X felonies: attempted first-degree murder and aggravated domestic battery. He intentionally drove over his ex-wife no fewer than five times while she was in the driveway of her Glencoe home. He was sentenced to 10 years in the custody of the Illinois Department of Corrections.
STEVEN WERNER EFFMAN, Plantation, Fla.: Effman was licensed in Illinois in 1976 and in Florida in 1977. He was suspended by the Supreme Court of Florida for 91 days after he admitted to having sexual relationships with three female domestic relation clients. The Illinois Supreme Court imposed reciprocal discipline and suspended him for 91 days. The suspension is effective on April 8, 2005.
JOHN LAROSE HARSHMAN, Pittsfield: Harshman, who was licensed in 1975, was suspended for one year. He neglected four client matters, mismanaged funds that he received from a client, failed to communicate with his clients, and did not initially cooperate with the ARDC. The suspension is effective on April 8, 2005.
RICHARD RITTER HILLIARD, Indianapolis, Ind.: Hilliard, who was licensed in 1984, was suspended for five months with conditions. He wrongfully took $15,000 that should have been remitted to his law firm, and he misled his firm about his receipt of those funds. The suspension is effective on April 8, 2005.
JAMES JOHN JENNINGS, Chicago: Jennings, who was licensed in 1959, was suspended for three months, with the suspension stayed by a six-month term of probation with conditions. He commingled client funds, advanced money to a workers' compensation client in violation of state ethics law, and entered into an improper business relationship with a client.
JOHN CRANE KING, Plano, Texas: King was licensed in Illinois in 1986 and in Kansas in 1988. The Supreme Court of Kansas disbarred him for not refunding unearned fees to clients and failing to cooperate with the disciplinary investigation. The Illinois Supreme Court imposed reciprocal discipline and disbarred him.
MARSHALL KOLODENKO, Tucson, Ariz.: Kolodenko, who was licensed in 1969, was suspended for three years and until further order of the court. He advised his clients to purchase multiple parcels of property with title in the name of the client's spouse and Kolodenko, without advising the client of the conflict of interests presented by these transactions. Whenever a property was sold, he demanded 50 percent of the proceeds, despite having made no substantial contributions to the purchase or maintenance of the properties.
SYLVESTER C. LIN, Schaumburg: Lin, who was licensed in 1998, was suspended for three years and until further order of the court and until he makes certain restitution to his clients. He misappropriated $5,587.61 in escrow money and settlement funds, engaged in conflicts of interest while representing several clients in real estate transactions, and engaged in the unauthorized practice of law after he was removed from the Master Roll for failing to register. He failed to participate in his disciplinary hearing.
KEVIN MILTON MYLES, Portland, Ore.: Myles was licensed in Illinois in 1974 and in Oregon in 1988. The Oregon Supreme Court suspended him for 60 days for making false statements in an affidavit he placed into evidence in an administrative proceeding. The Illinois Supreme Court imposed reciprocal discipline and suspended him for 60 days. The suspension is effective on April 8, 2005.
EUGENE J. PETRUNGARO, Melrose Park: Petrungaro, who was licensed in 1988, was disbarred on consent. He settled client matters without their authorization, forged clients' signatures on settlement releases and drafts, misrepresented the status of those same matters to the clients, and commingled and converted at least $94,881.66 of funds held on behalf of clients or intended for third parties. In addition, he failed to reduce an oral contingency fee to writing, settled a claim brought by a former client against him without making the proper disclosures, engaged in criminal conduct by issuing N.S.F. checks totaling $43,000 to various Las Vegas casinos, neglected and misrepresented the status of two additional civil matters to the clients and to the ARDC, and failed to cooperate with the disciplinary investigation.
ROBERT M. SALZMAN, Hammond, Ind.: Salzman, who was licensed in 1969, was suspended for nine months. He represented three clients in Indiana when he was not licensed to practice law in that state and used the name and registration number of an Indiana attorney as local counsel without permission. The suspension is effective on April 8, 2005.
SANDRA DIANE SCOTT, Crete: Scott, who was licensed in 1992, was suspended for 60 days. She mishandled client settlement funds that were owed to the client's treating physician. The suspension is effective on April 8, 2005.
SEAN HOLDEN SLEEPER, Chicago: Sleeper, who was licensed in 1987, was disbarred. While representing four clients in personal injury actions, he accepted unauthorized settlements, endorsed settlement checks on behalf of clients and lienholders without authority, and failed to remit funds due to the clients and lienholders. Also, in violation of a court order approving a settlement on behalf of a minor client, he never disbursed the funds to the client.
JAN JOSEF SUFIE, Lansing: Sufie, who was licensed in 1978, was suspended for 18 months and until further order of the court for taking $21,298.77 from a client's personal injury settlement.
SLAVA AARON TENENBAUM, Morton Grove: Tenenbaum, who was licensed in 1998, was censured. Based on his preparation of false