to forensic services. Earlier this year, the General Assembly passed a bill that makes nearly $17 million available annually for prosecutors and indigent defendants in capital cases to use for expert witnesses or forensic tests.
Although these proposals are generally matters to be dealt with at the state level, I have introduced a bill in Washington to allow federal criminal defendants to obtain post-conviction DNA testing.
DNA technology has undergone dramatic changes that have increased our ability to obtain meaningful results from smaller and smaller samples. My bill would allow defendants to utilize technology that was unavailable at the time of their conviction to support claims of innocence.
Everyone dedicated to justice understands the need for constant vigilance to make certain that inequities and abuses are rooted out. It is a responsibility shared by all branches of our government and by the men and women of the bar who have taken an oath to defend these fundamental American values.
Thank you again for this award. I will treasure it and continue to strive to do everything in my power to justify this high honor.
Pearls of wisdom add luster to oath taking
By Stephen Anderson
The 15 new Cook County associate judges received plenty of advice when they were sworn in a month ago, but not all of it originated with the luminaries who offered it.
Words of wisdom from eminent jurists on the crowded dais Nov. 1 in the James R. Thompson Center auditorium included thoughtful insights gleaned from other sources.
Supreme Court Justice Mary Ann G. McMorrow quoted actor Alan Alda, and Presiding Judge Thomas R. Fitzgerald of the Criminal Division recalled former justice Walter V. Schaefer. Justice S. Louis Rathje passed along fatherly advice he received.
Judge Fitzgerald is one of 15 presiding judges who shared the stage with officials of 16 bar associations, including President Cheryl I. Niro of the Illinois State Bar Association.
Fitzgerald's admonition to the new judges, attributed to Schaefer, was "to approach every case with the reverence of a priest conducting his first mass."
Alan Alda's guidance, culled by Justice McMorrow from a speech he gave during a medical school graduation ceremony, was, "Don't lose sight of your humanity, or the humanity of others."
Justice Rathje likened the role of judges in strictly following the law to that of the field commanders who carry out orders given by the generals who direct the wars.
Quoting from his father, who also was a judge, Rathje cautioned, "Just because you were appointed doesn't mean you were anointed."
Justice Michael A. Bilandic, who kicked off the juridical exhortations, imparted some irony to the sanctity of ethical considerations.
When his City Council mentor, the late mayor Richard J. Daley, was interrogated by the news media about aldermen who had been caught in illegal schemes, he used a biblical anecdote.
Quoting Daley, Bilandic noted that "The Lord had 12 apostles; one doubted him, one denied him and one betrayed him." Daley would say that only three out of 12 isn't so bad, but Bilandic was implying slyly that zero out of 15 would be better on the bench.
In her remarks, Justice McMorrow asked the new associate judges to help Chief Judge Donald P. O'Connell, who administered the oath, "to have not only the largest, but the best court system in the country."
In his introductions, O'Connell had thanked Cook County Board members Carl Hansen and Michael Quigley, who sat on the dais, for being supportive during the court's budget requests for needed improvements.
But County Board President John Stroger added this plea: "Balance the scales of justice, but don't break the county of Cook."
Moses Harrison becomes chief justice on Jan. 1
Illinois Supreme Court Justice Moses W. Harrison II of Caseyville in the 5th Judicial District will begin a three-year term as chief justice on Jan. 1.
He succeeds Chief Justice Charles E. Freeman of the 1st District, who has served since May 1997 after Justice James D. Heiple stepped down as chief justice.
A 1958 graduate of the Washington University School of Law, Justice Harrison was elected to the Supreme Court in 1992. He had been a justice of the Appellate Court since 1979 and had served on the 3rd Circuit Court for six prior years.
A native of Collinsville, Harrison had law practices in East St. Louis and Collinsville before becoming a jurist. He is a former member of the ISBA Board of Governors and past president of the Madison County Bar Association.
Harrison paid tribute to the four chief justices - Benjamin K. Miller, Michael A. Bilandic, Heiple and Freeman - with whom he has served during his seven years on the court.
"I have learned from each of them and feel that each is worthy of emulation by me," Harrison said. "I think it is important we be ever vigilant in improving the judiciary in Illinois so that we can continue to have one of the finest court systems in the country."
The new chief justice said his "only agenda is to carry on the tradition of the court as a place where everyone has an equal voice.
Expressing "great respect" for his colleagues and their professionalism, Harrison said that "Although we do not always hold the same view on all cases, I believe they are all very sincere in their positions."
Chief Justice Freeman's 31-month tenure will have been notable for his improved education program for judges, a mentoring program for new judges and experimental introduction of an automated court reporting system in two circuits.
He also has been a strong advocate for review of the state's system of adjudication and sentencing in death penalty cases. The court-appointed Special Committee on Capital Cases has sent its recommendations to the court for consideration.
Other changes under Freeman's leadership include a more efficient family violence prevention program, establishment of a judicial web page, and annual rotation of appellate justices in the 1st District within its six divisions.
Task force meets to assist criminal, juvenile systems
A study of the resources of the criminal and juvenile justice systems, and their needs for the future, is being conducted by a Task Force on Professional Practice in the Illinois Justice System.
Authorized by Public Act 91-577, the task force is chaired by Springfield attorney J. William Roberts of Hinshaw & Culbertson, a member of the ISBA Board of Governors. It is staffed by ISBA legislative affairs director James R. Covington III.
"The public expects a lot from its criminal justice system," Roberts said, "and they have a right to have high expectations. We must make sure the people working in the system have the resources needed to do a professional job."
The task force will study appropriate caseload levels, adequate salary structures, technological needs and other factors that affect recruitment and retention of attorneys in the justice system.
Issues that will be considered include increases in the rates of arrests leading to more prosecutions throughout the state, and the compensation for some public defenders and assistant prosecutors that are below reasonable private practice rates.
Other issues are the rapid changes in technology and complexity of the law, and the challenges for county boards to fund local justice systems adequately.
Members of the independent, non-partisan task force were appointed by state and local officials and organizations that represent professionals in the justice system. They are:
Julie B. Aimen, Larry G. Axelrood, Robert Egan, James O'Rourke, Jack P. Rimland, Joseph Schillaci and Robert Spence of Chicago; Patrick J. Delfino, Diane Ford, Theodore A. Gottfried and Brian T. Otwell of Springfield; Stephen W. Baker of Wheaton, Gregory W. O'Reilly of Wilmette. John C. Piland of Mahomet, John J. Rekowski of Collinsville, and James R. Schirott of Itasca.
Piland serves on the ISBA Board of Governors. Baker, O'Reilly and Rekowski are members of the ISBA Criminal Justice Section Council. Rimland, a member of the ISBA Assembly and chair of the Committee on Supreme Court Rules, is a past chair of the Criminal Justice Section Council.
Rimland also is president of Illinois Attorneys for Criminal Justice, and Baker is president of the Illinois Public Defender Association.
Bar Foundation allocates $128,000 in grants
Pro Bono Center, LAP, CARPLS receive funds
By Stephen Anderson
The Illinois Bar Foundation Board of Directors was in a charitable mood after the successful inaugural gala dinner dance that took place Oct. 8 in Chicago (ISBA Bar News, November 15, page 4).
Meeting on Oct. 9 in the ISBA Chicago Regional Office, the board allocated a total of $128,470 in new grants for 18 law-related agencies that, each in its own special way, help improve and facilitate the administration of justice in Illinois.
The two largest grants of $20,000 each were made to the Illinois Pro Bono Center, a statewide coordinating facility based in Champaign, and the Lawyers' Assistance Program, which provides counseling and intervention programs for lawyers and judges who are impaired by substance abuse.
The Coordinated Advice and Referral Program for Legal Services (CARPLS), a Cook County hotline in which staff and volunteers provide legal advice and refer callers to appropriate agencies, will receive $15,000.
Land of Lincoln Legal Assistance Foundation, which serves several southern Illinois counties out of its East St. Louis headquarters, will receive $10,970. The Life Span Center for Legal Services and Advocacy in Chicago gets $7,500.
Organizations receiving $5,000 each from the Bar Foundation are Big Brothers Big Sisters of Sangamon County, Springfield; Chicago Legal Clinic; Cook County Legal Assistance Foundation, Evanston; Griffin Center of Catholic Urban Programs, East St. Louis; Okaw Valley Council, Boy Scouts of America, Belleville; Pro Bono Advocates, Chicago, and REBOUND Inc., Waukegan.
Other recipients are Guardianship Referral and Services, Decatur, $4,500; Illinois YMCA Youth and Government, Galeburg, and Public Interest Law Initiative, Chicago, $3,750 each; Big Brothers Big Sisters of Metropolitan Chicago, $3,000; Center for Disability and Elder Law, Chicago, and Illinois Institute for Community Law, Chicago, $2,500 each.
Stories about various grant recipients will be published in future issues of the ISBA Bar News.
YLD children's program aided by Dec. 3 event
Chicago attorneys Franco A. Coladipietro and Francesco E. DiVito, both members of the ISBA Young Lawyers Division Council, will be hosts for holiday benefit reception from 6 to 9 p.m. Friday, Dec. 3, at Joe's of Chicago, 940 W. Weed St.
Proceeds from donations of $20 and up for the event will support the YLD Children's Assistance Program, which contributes to children's courthouse waiting rooms in Cook, DuPage and Grundy Counties.
Last year, Coladipietro and DiVito collected more than $2,500 and about a hundred toys for the program. They have established a Friends of the Children effort with sponsorships from $100 to $500.
Tax-deductible contributions payable to LEARN/Children's Assistance may be mailed to Teri Litwiller, Illinois Bar Center, 424 S. Second St., Springfield, Ill. 62701.
Patrick McGann to be installed Dec. 11 as head of Illinois Judges Association
Cook County Judge Patrick E. McGann will be installed as president of the Illinois Judges Association during its 28th annual convention Friday and Saturday, Dec. 10-11, at the Sheraton Chicago Hotel. He will succeed Judge Timothy J. Slavin of the 14th Circuit.
Other incoming officers include Judge Stephen C. Mathers of the 9th Circuit, first vice president; Cook County Judge Stuart Nudelman, second vice president; Appellate Justice Michael R. Galasso of the 2nd District, third vice president; Cook County Judge John Steele, secretary, and Judge Ann B. Jorgensen of the 18th Circuit, treasurer.
Judge McGann serves on the ISBA Traffic Laws and Courts Section Council, and Judge Jorgensen is secretary of the Alternative Dispute Resolution Section Council.
Several of the IJA convention events will be held jointly with the Illinois State Bar Association Midyear Meeting in the hotel, beginning with the opening reception at 5 p.m. Thursday, Dec. 9.
The Friday schedule will be preceded with a 6:45 a.m. Run for Justice at the Lake Shore Athletic Club Downtown, led by retired Supreme Court justice Seymour Simon.
Opening remarks by Judge McGann at 9 a.m. Friday will precede the joint IJA-ISBA program on "Balanced and Restorative Justice," a provision of the Juvenile Justice Reform Act of 1998 (ISBA Bar News, November 15, page 1).
After a keynote speech by District Court Judge Gary Schurrer of Washington County, Minn., a mock restorative justice proceeding and panel discussion will take place from 10:15 to 11:30 a.m.
Panelists are Judge Stephen R. Pacey of the 11th Circuit, Cook County Judge Willie B. Wright, Ford County probation officer Sally Wolf, assistant Cook County state's attorney Catherine Ryan, Cheryl M. Graves of the Northwestern University School of Law, Kate Kirby of the Chicago Crime Commission and Dora Larson of the Illinois Department of Corrections.
Former judge Martha A. Mills will follow with "Getting Started," a discussion of resource and partnership opportunities.
The annual joint luncheon at 12 noon, conducted by Cook County Judge Gloria Coco, will feature an address by Milt Rosenberg, host of WGN Radio's "Extension 720" discussion show since 1973.
A professor of psychology at the University of Chicago and director of the doctoral program in social and organizational psychology, Rosenberg has a master's degree from the University of Wisconsin and a Ph.D. from the University of Michigan.
Two IJA business sessions will follow the luncheon. Cook County Judge