Lerner said he assumed that introduction of the legislation "was a consequence of Congressman Baird's interest in the Rush experience and the presentation Max Brown and I made" to the House crisis task force.
Title II of the resolution refers to Health Care Malpractice Liability Mediation Programs and provides in Section 201 for Grants to States and Health Care Entities for Mediation Programs.
The U.S. attorney general would be authorized to make grants to states and health care entities to train mediators and carry out mediation programs based on:
"The Rush Model, under which an allegation that an individual has been injured or has died as the result of health care malpractice is mediated by those parties consenting to do so in an effort to resolve the matter without litigation."
Access statutes on press agenda
Springfield attorney Terry Lee Mutchler, who was appointed last year as public access counselor in the Illinois Attorney General's Office, will speak during the Illinois Press Association News/ Editorial Convention next month.
Mutchler, whose responsibilities include responding to questions about compliance with the Illinois Open Meetings Act and Freedom of Information Act, will participate in a breakout session at 3 p.m. Thursday, Oct. 13, in the Springfield Hilton Hotel.
Discussing the topic of "Open and Honest Government," she will explain how and why Lisa Madigan created the position of public access counselor and will provide practical insights on dealing with abuses of the two acts.
The opening session of the convention at 1 p.m. Oct. 13 will feature remarks by Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press, on "Homefront Confidential: The Public's Right to Know in a Post-9/11 World."
Richard Norton Smith, executive director of the Abraham Lincoln Presidential Library and Museum, will be keynote speaker for the IPA convention reception and dinner Oct. 13 in the museum. For more information, call (217) 241-1300.
Among news items received too late for inclusion in appropriate departments of this issue of the ISBA Bar News is the announcement that the Kane County Bar Association will honor Supreme Court Justice Robert R. Thomas on Thursday, Sept. 29.
Thomas, who will become chief justice this month, will be feted from 5 to 7 p.m. at Francesca's by the River in St. Charles. Call (630) 762-1915 for reservations.
Public defenders meet
The annual fall seminar of the Illinois Public Defender Association will take place Friday and Saturday, Oct. 7-8, at the Radisson Hotel in Bloomington. Call Daniel D. Yuhas, (217) 782-3654, to register.
Highlights include a Friday night dinner at which Tazewell County Public Defender John Bernardi will receive a Lifetime Achievement Award. Educational programs are scheduled from 1 to 4:45 p.m. Friday, and from 9:15 a.m. to 12 noon Saturday.
Structured fees aired
The ATG Trust Co. will conduct a free seminar Wednesday, Sept. 21, titled "Structured Legal Fees: Problem Solved! The Plaintiff Lawyer's Great Opportunity for Financial Security." The speakers are taxation specialists Robert W. Wood of California and John McCulloch of Washington, D.C.
The reception and program will take place from 5 to 7 p.m. at Maggiano's Little Italy, 516 N. Clark, Chicago. Call Sara Ashman, (312) 752-1426.
ATG Trust also will present a free program on "Succession Planning for Closely Held Businesses," with Robert G. Alexander of Wisconsin, from 9 a.m. to 12 noon Tuesday, Sept. 27, at Hamburger University on McDonald's Campus, Oak Brook. Call (800) 252-5206, ext. 2130.
Filters help you manage discussion group e-mail
For the lawyers who use them regularly, ISBA's e-mail discussion groups are indispensable. Post a question to the list and get an answer it's usually that simple and that quick. (To sign up, go to <www.isba.org> and click on "Discussion Groups" under E-mail Services on the maroon navigation bar, or go straight to <http:// www.isba.org/Discussions/>.)
"Sounds great," you say. "But more e-mail? Ugh." There's no question that e-mail can be more scourge than boon, flooding us with spam and other unwanted messages.
But e-mail filters can help you manage the deluge, especially when it comes to discussion group mail. It's not hard to set up a filter that directs all of your e-mail from, say, the ISBA Family Law discussion group into its own folder. That way, you can check it when you like, ignore it when you'd rather, and quickly scan subject headers for items that interest you.
Filters can help you organize other kinds of e-mail as well. You'll find a number of filtering guides on the 'Net, but feel free to start with the instructions we've posted at <http://www.isba.org/howtomakefolders.html>.
Director of Legislative Affairs
New laws continue to be enacted from the spring session, which include the following.
Family law changes. Public Act 94-640 (Rose, R-Mahomet; Winkel, R-Champaign) amends the IMDMA to permit the court to order individual counseling for the child, family counseling for one or more of the parties and the child, or parental education for one of more of the parties, when it finds one or more of the following: (1) Both parties or all parties agree to that order. (2) The court finds that the child's physical health is endangered or his or her emotional development is impaired including, but not limited to, a finding of visitation abuse as defined by §607.1. (3) The court finds that one or both of the parties have violated the joint parenting agreement with regard to conduct affecting or in the presence of the child. (4) If the court finds that one or more of the parties has violated an order of the court with regards to custody, visitation, or joint parenting, the court must assess the costs of counseling against the violating party or parties. Otherwise, the court may apportion the costs between the parties as appropriate. All counseling sessions are confidential.
It also conforms §506(a) to the recent Supreme Court of Illinois decision of In re Marriage of Bates, which struck down the ability to cross-examine a child representative in custody litigation. PA 94-640 also defines the duties of a guardian ad litem, child representative, and attorney for a child. Effective Jan. 1, 2006.
Custody and sex offenders. Public Act 94-643 amends the IMDMA to add another criterion to the §602 best interest standard to be whether one of the parents is a sex offender. It requires a parent who intends to marry or reside with a sex offender to provide reasonable notice to the other parent before the marriage or cohabitation. It also considers the marriage or cohabitation a change of circumstance for a motion to modify a custody judgment. Effective Jan. 1, 2006.
Capital litigation fees. Public Act 94-664 (Cullerton, D-Chicago; Granberg, D-Centralia) amends the Capital Crimes Litigation Act to require appointed defense counsel to submit an estimated budget for approval. The proposed budget will be reviewed by the court ex parte. It also requires itemized billing of time and expenses by defense counsel. Approval for payment must be authorized by the trial judge and the presiding judge of the circuit. Effective Jan. 1, 2006.
Criminal trespass to land. Public Act 94-512 amends the Code of Criminal Procedure to authorize civil damages, court costs, and attorney fees for criminal damage by a vehicle to land used for agricultural purposes, prairie land, mine spoil nature preserves and registered areas. It creates a set of actual damages to be awarded to be no less than $50 in most cases. If the driver is under the age of 16, the vehicle's owner and the parent or legal guardian of the minor are jointly and severally liable. Effective Jan. 1, 2006.
Filing fees. Public Acts 94-595 and 596 amend the Clerks of Courts Act to raise the maximum court automation fee and document storage fee from $5 to $15 against all civil litigants and convicted criminal defendants. Effective Jan. 1, 2006.
Outdoors land use. Public Act 94-625 amends the Recreational Use of Land and Water Areas Act. It defines "recreational or conservation purpose" as entry onto the land of another to conduct hunting or recreational shooting or a combination thereof or any activity solely related to the hunting or recreational shooting. Effective Aug. 18, 2005.
Projects of the ISBA's 37 section councils and 40-plus committees are essential to the continuing strength and success of the association, as well as its outreach throughout the legal and judicial communities. Here are some current leadership initiatives.
Bankruptcy law reform
The Commercial, Banking and Bankruptcy Law Section Council has declared this to be the Year of Bankruptcy Law. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 was signed April 20 by the President, and most of its provisions will take effect Oct. 17.
In addition to a seminar for consumer bankruptcy practitioners on Sept. 30 in Bloomington, the section's CLE committee is planning a program for the Midyear Meeting in December in Chicago. The topic will be "Bankruptcy Reform in Practice: The Lessons So Far."
There is much to be learned about this most far-reaching reform of bankruptcy law since 1978. The new act makes substantial changes to the Bankruptcy Code and other bankruptcy-related statutes. The full impact has not yet been realized by most practitioners.
The section council also will use its newsletter to promote understanding of the new act. It contains numerous nuances that will affect the strategy taken by lawyers in all sorts of non-bankruptcy practice areas, such as domestic relations, tax law and secured transactions. Articles may be submitted to the newsletter editor, Tom Sandquist, at tsandquist@wilmac.com.
Survey of Illinois Law
The Tort Law Section Council plans to take an active role in compilation of the Annual Survey of Illinois Law that is co-sponsored by the ISBA and the Southern Illinois University Law Journal.
The next survey, scheduled for release in the summer of 2006, will provide a unique update on changes in selected areas of Illinois law during this year's terms of the Supreme Court. The Tort Law Section will help select topics and suggest authors.
Articles are being identified on areas of the law that have undergone significant changes, so they can be incorporated as resources and useful research tools. For more information, contact staff liaison Selina S. Thomas at sthomas@isba.org or (312) 726-8775.
Women's issues programs
The Committee on Women and the Law, chaired by Meredith E. Ritchie, will conduct a series of informative brown-bag luncheon programs in the Chicago Regional Office to complement participation in ISBA seminars and cable television programs.
On Friday, Oct. 14, the featured speaker will be Michele Latz, director of the Department of Financial and Professional Regulation. She will discuss responsibilities of the department related to the new Payday Loan Reform Act.
On Thursday, Nov. 10, the Committee on Women and the Law and Committee on Minority and Women Participation will present a panel discussion on "How to Get Elected to ISBA Offices."
In August, the committee heard Woodstock attorney H. Joseph Gitlin discuss the work of the ISBA Task Force on Genetics and Human Reproduction, a significant part of President Bob Downs' projects for the year. These programs are open to all ISBA members.
"My advice to the law firms that haven't set up a disaster recovery plan is to start now."
New Orleans lawyer Ernest Svenson, writing in his popular Web log "Ernie the Attorney" 6 days after Hurricane Katrina devastated the Gulf Coast
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"I don't think there is going to be a practice of law for the rest of the year. I'm optimistic for the long run, but the short run, I think, is going to be absolutely horrendous."
Attorney William G. Cherbonnier, Jr., whose second-story law office in Jefferson Parish survived Katrina
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"If you're schooled in just the executive branch, you're inclined to think Congress is pretty stupid they get things wrong a lot and all smartness lies in the executive branch. (Roberts') starting point would be to give very strong deference to the president in the field of foreign affairs."
Legal commentator Bruce Fein on Supreme Court chief justice nominee John Roberts, with whom Fein worked at the Justice Dept. in the 1980s
Editor
Hell and high water
Homeless, hopeless, hungry and parched, tens of thousands have taken their first steps toward recovery from the destitution wrought by Hurricane Katrina. Sadly for a population that must be displaced, those steps are away for now from metropolises that can't easily be replaced.
Sassy, jazzy New Orleans has been doused and its spirit snuffed. The "Big Easy," Utopia to many, or "Sin City," Gomorrah to some, is splinters and shambles. The shadow of death hovers, but the mournful funeral march is destined to end, as always, in ragtime quickstep as life goes on with faith and hope.
And charity. "It's times like this that we can make a difference and demonstrate that human nature is stronger than Mother Nature," the Chicago Tribune publisher wrote on Sept. 4. News reports teem with disaster relief efforts of people providing support with both muscle and money.