ILLLINOIS STATE BAR ASSOCIATION
LAW-RELATED EDUCATION NEWSLETTER
November/December 2005
Statements, expressions of opinion or comments appearing herein are those of the editors or contributors, and not necessarily those of the Association or Committee.
2006 ILLINOIS STATE BAR ASSOCIATION
HIGH SCHOOL MOCK TRIAL INVITATIONAL
The 2006 materials have been posted on the ISBA Website, http://www.isba.org/Sections/2006mocktrialinfo.html
The ISBA Mock Trial Invitational will be held on March 3 and 4, 2006 at the University of Illinois at Springfield.
Statement of the Case
On the evening of September 28, 2005 and into the early morning hours of September 29, 2005, Lincoln County Cemetery, in rural Springfield, Illinois experienced acts of vandalism considered serious enough to bring criminal charges against three Springfield teens (class three felony charges).
Eye witness, Skeeter Ferris, employed by the Cemetery, witnessed three youths exiting the Cemetery as they climbed a fence at the Walk-in gate, a gate not currently in use, at approximately 2:00 a.m. on the morning of September 29. Ferris also witnessed a car owned by one of the youths leaving the perimeter of the cemetery immediately following the youths climbing the fence and running away. Ferris was able to note distinctive markings on the car and get a partial license plate.
Ferris's dog, Wolf, led Ferris to a part of the cemetery that had been vandalized following the departure of the students. Ferris immediately reported the incident to the Director of the Cemetery, who notified police. An extensive search of the property ensued, during which additional vandalism was discovered. Also discovered was a student identification card, which matched the name of the owner of the car Ferris had seen departing the cemetery with the three youths inside.
Three youths were arrested, based on a partial license plate and the confession of witness Shelby Cullom. Cullom testifies that he/she did enter the cemetery after hours, accompanied by Jesse Dubois and Pat Dowling, all three students at a local Herndon High School. Cullom admits to being on the property after hours and has agreed to cooperate with police and the State's Attorney and, under a plea agreement, will testify against Dubois and Dowling at trial. The plea agreement is stipulated as including a plea of guilty, with 20 hours of community service and six months of supervision, after which, if Cullom has no additional legal problems, the record will be expunged.
Dubois denies having been in the cemetery after hours, but does admit to being on the property during the day on September 28.
Dowling admits to being on the property, but denies that any of the damage caused was intentional vandalism.
The mock trial case includes a lesson plan that works as a companion to the materials:
IN THE MIKADO BY GILBERT & SULLIVAN,
WE ARE TOLD TO "LET THE PUNISHMENT FIT THE CRIME."
This lesson plan is recommended to support instruction on citizenship, law-related education, juvenile justice, and to instruct on the consequences of breaking the law.
Appropriate for grades 7-12
Materials needed: 2006 Illinois State Bar Association High School Mock Trial Materials
Time needed: Three 50-minute class periods
First class period:
Have students read the 2006 Illinois State Bar Association High School Mock Trial Scenario and witness statements. For purposes of this lesson plan, ask the students to assume that each of the defense witnesses is guilty of vandalism in the cemetery. Have students concentrate on:
- Damages to the cemetery property
- Who is harmed
- How would the families feel if they saw the destruction at the cemetery
- The backgrounds of the three students involved in the incident
Second class period:
Discuss each of the above, asking students to try to identify with each of the students involved in the incident.
- Can they explain why the person would have entered the cemetery property and damaged the monuments?
- Are there extenuating circumstances that can excuse or explain the behavior?
- Should these be taken into consideration in determining appropriate punishment?
- Should the students each receive the same punishment or receive different "sentences?"
- If this is a first offense, should the punishment be lighter than if it was a pattern of behavior?
- Does prison time act as a deterrent against future crimes?
- Do the students feel remorse?
- Do they accept responsibility for their actions?
Third class period:
Discuss possible punishments
- restitution (payment to the cemetery)
- fine (payment to the families)
- community service
- serving time
- apologies extended to families and cemetery personnel
- probation
- education/training/counseling
- restraining order to avoid places or people (ban from cemetery property)
- limiting activities, house arrest (students may only attend school, work and then go home)
Ask students to consider what punishment they would choose for each of the three defendants. This is a good time to put students into groups of three or four and allows five to ten minutes to determine the appropriate punishment for the vandalism. Students may choose one or a group of punishments. For instance, they could mandate that the offenders pay restitution to the cemetery, pay a fine to the families who experienced the harm, apologize to all parties harmed, and be sentenced to house arrest.
Ask students to consider, when determining the appropriate punishment the purposes for
the punishment. Will it or should it:
- deter the students from doing it again or serve as an example to others?
- protect society?
- help rehabilitate the offenders?
- provide restitution to the families or cemetery?
Ask each group to nominate a spokesperson, who will present to the class as a whole their recommendation for punishment for each of the three defendants. Teacher may write the names of each of the three defendants on the chalkboard and begin listing suggested punishments under each name, keeping a tally of which options are suggested most often. After all groups have announced their recommended punishments, and you are able to see which defendant receives the most votes for which punishment, discuss why the students felt that was the most appropriate punishment and discuss "does the punishment fit the crime?"
Ask the students what was most important to them in making their recommendations for punishment:
Did they feel that the crime was particularly egregious?
Did they consider the defendants' family situations?
Did they consider prior records or bad acts?
Did they consider the feelings of the cemetery personnel?
Did they consider the feelings of the families whose monuments had been vandalized?
Did they consider the intelligence of the defendant?
Did they feel the defendants' were being truthful in their statements?
Did they think it was important to sentence each individually or give the same punishment to all? Why?
After discussing the above, the teacher should indicate to the class: If convicted of a crime, in addition to the punishment, other issues a person might face after conviction include:
- may lose the right to vote
- may lose the right to serve on a jury
- may not be able to hold public office
- may not be able to join the armed forces
- may not be able to receive a firearm license
- may lose job or jeopardize future job opportunities
- may not be able to receive business license
Teacher may ask the class, would any of these factors change your feelings regarding the guilt or innocence of the defendants? Discuss why or why not.
Teacher may also bring up the parental responsibility issue, indicating that if the students are sentenced to reimburse the cemetery or families, could this punishment extend to the parents? Cite parental responsibility statutes.
Related activities:
- Internet search for cases mentioning cemetery or other vandalism. What punishment was imposed?
- Draft a school policy regarding school vandalism and list possible punishments that would fit the crime.
- Undertake a community volunteer project to help clean an area that has been vandalized.
- To discuss possible punishments and the appropriateness, invite a judge to speak to the class, you may also consider inviting a lawyer, police officer and/or mediator to discuss related issues.
- Assign students to craft an advertising campaign that discusses vandalism issues and could serve as a deterrent.
- Assign students to create original artwork/posters that are anti-vandalism.
- Assign students the task of creating their own jury instructions relating to vandalism and appropriate punishments.
Additional discussion topics:
Why do people vandalize? Is the damage directed at an ethnic group, religion, community, neighborhood, or other "class?"
Did someone just get out of control and not think about consequences? Would anger management have helped?
THINKING ABOUT LAW SCHOOL?
If you are thinking about attending law school, there's an on-line resource that offers great information. Visit http://www.lsac.org/pdfs/2005-2006/ThinkAboutLawSchool2005.pdf
LAW-RELATED CAREERS
If you are interested in the law there are a number of career options open to you. We have listed below a few law-related careers, with basic information on educational requirements and vocational possibilities.
Becoming A Lawyer
As to background education prior to attending law school, one should feel no constraints in terms of concentration as an undergraduate. Usually a liberal arts education is beneficial; however, those with educational backgrounds in accounting, business, health care, engineering or philosophy majors become effective and successful attorneys as well. The most vital aspect of the undergraduate education for law school is receiving good grades in whatever field of concentration you choose, as well as developing your general communication skills. The most important function of an attorney is the communication of ideas, both verbally and in writing. Other skills that you should be working to develop include a good vocabulary, a good memory, ability to listen, ability to express ideas and thoughts concisely and articulately, be able to comprehend complex written materials, and more.
Sometime prior to or during one's senior year in college, if going straight to law school, the LSAT admissions test must be taken. Similar to the ACT or the SAT, the test is used by law schools in the admissions process. Many law schools determine admissions solely on the basis of a formula computing grades and the LSAT tests score together. However, there are some law schools that have other elements added on to that computation, whether it is for affirmative action purposes or other reasons.
If you think you may be seriously interested in a law career, you may wish to consider contacting local law offices, legal service organizations or other law-related entities to see if they require any assistance, even as a volunteer, during what time you have available. Any exposure you can gain in the field will benefit you in your future career.
Law school routinely takes three years of full-time study; however, many of the law schools in Illinois accept part time students.
Applicants to the Bar in Illinois must: 1) be at least 21 years of age; 2) have a high school diploma or the functional equivalent; 3) complete 90 semester hours in attendance at a qualified university; and 4) successfully attend and graduate from a law school accredited by the American Bar Association. Having met these requirements, the applicant must be of good moral character and general fitness to practice law, pass the bar examination and the "ethics test," register with the Illinois Supreme Court and be sworn in.
Board of Admissions to the Bar
625 South College Street, Springfield, Illinois 62704
217.522.5917
Fax Numbers: 217.522.3728, 217.522.6589, 217.522.9341, and 217.522.9327
www.ibaby.org
Becoming a Judge
The Illinois Constitution provides that eligibility to become a judge of the state court system of Illinois includes United States citizenship, an Illinois license as attorney-at-law, and residency in the geographic area that selects the judge.
Candidates for a seat on the Illinois Supreme Court, for most seats on the Illinois Appellate Court, and for Illinois Circuit Court Judge are nominated in the primary election and elected in the general election. The Illinois Supreme Court appoints a small, designated number of Appellate Court Judges. All Associate Judges of the Circuit Courts of Illinois are appointed by the Circuit Judges of each circuit.
Supreme Court Judges and Appellate Court Judges are elected for 10-year terms. Circuit Court Judges are elected for 6-year terms. Associate Judges are appointed for 4-year terms.
Elected judges may seek additional terms by running for retention on the non-partisan portion of the ballot in general elections. Voters are given the option of voting "yes" or "no" to retain a judge in office for another term. To win retention, a judge must receive 60% "yes" votes. Associate Judges may seek reappointment through the vote of the Circuit Judges. To win reappointment, an associate judge must receive 60% of the votes of the Circuit Judges.
The Illinois Supreme Court may fill vacancies in elected judicial positions by appointment until the vacancy is filled by election. This includes vacancies for the elected positions on the Supreme Court, Appellate Court, and Circuit Court.
The State of Illinois is divided into 5 districts, which are subdivided into 22 judicial circuits. The first district (Cook County) elects 3 Supreme Court judges. The other 4 districts each elect 1 Supreme Court judge. Each district elects a number of appellate court judges. Every county of the State of Illinois elects at least 1 Resident Circuit Judge. Each circuit, as a whole, elects a number of at large Circuit Judges.
Becoming an Administrative Law Judge
Administrative Law Judges are normally employed in a civil service position by a public sector agency (usually a federal, state or municipal agency), thereby placing their work functions under the "Executive" branch of government, instead of the "Judicial" branch.
In handling an administrative case, and Administrative Law Judge (sometimes referred to as "hearing officer," "referee," or "examiner") must exercise functions, which are similar, but not identical to the role of an elected or appointed circuit court judge. See Fulwood v. Heckler, 594 F.Supp. 540, 547 (D.D.C. 1984).
For example, certain "similar" judicial functions performed by Administrative Law Judges include authority to perform the following "case" responsibilities:
- administer oaths and affirmations
- issue subpoenas authorized by law
- rule on offers of proof and receive relevant evidence
- take or cause depositions to be taken
- regulate the course of the hearing
- hold conferences for the settlement or simplification of the issues, and
- rule on procedural requests or similar matters.
However, certain differences include the fact that many Administrative Law Judges do not make final or binding decisions in their cases, but issue findings or recommendations based on the evidence presented in the proceeding.
Furthermore, Administrative Law Judges tend to take a much more active part in the case in which they preside than do judges in the courtroom. Part of the administrative function in this regard includes active fact gathering from all parties involved in the case, fulfilling their obligation to make a clear record to anticipate a review of the findings by a higher agency authority and/or judicial authority. As a result of this mandate, these administrative officers will often be more actively involved by asking more direct questions of the parties and witnesses than their judicial counterparts in the circuit courts.
Many federal and state agencies hire Administrative Law Judges pursuant to Civil Service regulations and merit selection guidelines. Federal agencies, such as the Social Security Administration, National Labor Relations Board, Office of Management and Budget, employ many administrative law judges. State agencies such as the Department of Employment Security, Department of Revenue, Department of Children and Family Services, also hire these administrative professionals. All of these agencies require that an Administrative Law Judge posses a law degree from an accredited institution, and be a licensed attorney in good standing.
Becoming A Law Librarian
Law librarians work in a variety of legal settings, but most commonly in law schools, large private law firms or government libraries. This professional demands professional training. The American Association of Law Libraries states that "85% of those working as law librarians have a graduate degree in library science," with most jobs requiring a master's degree from an American Library Association accredited institution. Nearly 30% of all law librarians also have a JD or LLB degree. It is often the case that law librarians at law schools also hold faculty status so they must have a law degree. There is usually no law degree requirement for law librarian positions in large law firms, corporations or public, county or governmental law libraries.
American Association of Law Libraries
53 W. Jackson, Suite 940, Chicago, IL 60604
Phone: 312.939.4764
Fax: 312.431.1097
http://www.aallnet.org/services/
Becoming A Sign Language Interpreter For The Courts
Sign language interpreters facilitate communication between the deaf and/or hard of hearing population and people who can hear. Courthouse interpreters must remain detached and unemotional and must translate accurately and take great care to not modify meaning or tone. Court interpreters may work in a variety of settings, including attorney-client meetings, depositions, trials, sentencing hearings, and more. Court interpreters may interpret verbal conversations or may be asked to interpret written documents into American Sign Language (ASL). This profession usually requires specialized training. Interpreters must pay careful attention and understand what is being communicated, which means being familiar with courtroom procedures and terminology. Mental dexterity and a good memory are vital. High level of professionalism and confidentiality is required. This profession is one that allows great flexibility in work hours and you may be asked to visit a variety of law offices or courtrooms. It should be noted that American Sign Language has its own grammatical rules, sentence structure, cultural nuances, idioms, etc, and involves much more than a simple literal translation. There is currently no certification or licensing of sign language interpreter; however, both the National Association of the Deaf and the Registry of Interpreters for the Deaf offer certification for sign interpreters and have developed an exam.
National Association of Judiciary Interpreters National Association of the Deaf Becoming A Legal Secretary
Becoming A Law-Enforcement Professional
Illinois Paralegal Association National Association of Legal Assistants
National Federation of Paralegal Associations
Becoming A Mediator
603 Stewart St., Suite 610, Seattle, Washington 98101
Tel: 206.267.2300, Fax: 206.626.0392
http://www.najit.org
814 Thayer Avenue, Silver Spring, MD 20910-4500
TTY: 301.587.1789, Voice: 301.587.1788, Fax: 301.587.1791
http://www.nad.org
Registry of Interpreters for the Deaf
333 Commerce, Alexandria, VA 22314
http://www.rid.org
Being a legal secretary can be demanding and rewarding work. While college degrees are helpful, they are not necessary. What is needed is a good work ethic with attention to accuracy and detail-oriented proficiency. This isn't just a typing job. You may be asked to complete complicated tax documents or important divorce or child custody papers to be filed in the court. Taking this work seriously is paramount. Accuracy, grammar and spelling are all important. It is also important to have a working knowledge of basic accounting skills, as you may be responsible for billing clients. Be familiar with a variety of office machines, computers and other technologies. Legal secretaries in small firms may be responsible for answering phones, making appointments, preparing documents, creating and maintaining complex filing systems so the lawyers are able to check for conflicts between clients. This position requires a high degree of confidentiality and professionalism.
Legal Secretaries International, Inc.
8902 Sunnywood Dr., Houston, TX 77088
www.legalsecretaries.org
Most law enforcement officers must meet certain minimum requirements to serve as police or state troopers. These may include a minimum age requirement of 21 years; must be a citizen of the United States, must have a valid driver's license, must not have been convicted of a felony, must be a high school graduate and may require an associate of arts or sciences degree or other college credit and/or work experience. Applicants may also have to pass physical examinations (including agility, vision and strength) and written tests.
Grand Lodge: Fraternal Order of Police
1410 Donelson Pike, Suite A-17, Nashville, TN 37217
615.399.0900
www.grandlodgefop.org
Becoming A Legal Assistant Or Paralegal
While Illinois does not currently license or regulate legal assistants or paralegals, there are courses of study that you can take at a range of community colleges, universities or specialty schools in Illinois. The American Bar Association can provide a list of accredited paralegal/legal assistant programs across the country. The definition of a "legal assistant" as adopted by the ABA Standing Committee on Legal Assistants in February 1986, states:
A legal assistant is a person, qualified through education, training, or work experience, who is employed or retained by a lawyer, law office, governmental agency, or other entity in a capacity or function which involves the performance, under the ultimate direction and supervision of an attorney, of specifically-delegated substantive legal work, which work, for the most part, requires sufficient knowledge of legal concepts that, absent such assistance, the attorney would perform the task.
It is important to stress that Illinois legal assistants/paralegals must work under the direct supervision of a lawyer licensed to practice in Illinois. As a legal assistant/paralegal you will be expected to maintain confidentiality with regard to the lawyer's clients and business. You will, in effect, be accountable to the lawyer for all your professional work.
PO Box 452, New Lenox, IL 60451-0452
Phone 815.462.4620, Fax 815.462.4696
1516 South Boston, Suite 200, Tulsa, OK 74119
918.587.6828
http://www.nala.org/
National Headquarters, 2517 Eastlake Avenue E., Suite 200, Seattle, WA 98102
Phone: 206 652 4120, Fax: 206 652 4122
www.paralegals.org
Mediators do not decide cases; rather, mediators facilitate decisions between parties to help reach a fair and equitable settlement acceptable to both sides of an issue. Resolving disputes through mediation, or other forms of alternative dispute resolution, is becoming more and more popular as an economical and efficient means to settle disputes outside of the courts.
Mediation is a voluntary procedure that requires full disclosure of all facts related to the dispute at hand. A mediator's role is to assist in discussions and help elicit as much information as possible.
Mediators should undergo specific training in mediation procedures and practices, through a trained and qualified organization. Mediators are held to strict standards of confidentiality, as are lawyers, though there is no official licensure or registration procedures. The Mediation Council of Illinois has set professional standards for practice for mediators, which states that "Mediators should hold either a bachelor of law degree; a J.D. degree, a master's degree, or equivalent training or experience in mental health or related disciplines. Mediators shall be in good standing in the professional organizations of their disciplines." In addition, their Standards state "Mediators shall have undergone at least forty hours of training specifically in mediation, led by qualified mediators and/or by a recognized training organization before representing themselves to the public as mediators."
Mediation Council of Illinois, Inc.
3540 N. Southport, Suite #453, Chicago, IL 60657
312.641.3000
www.mediationcouncilofillinois.org
Becoming A Court Reporter
Court reporters have the responsibility of recording everything that is said by all of the parties participating in formal trials. Courses on becoming a court reporter are taught at community colleges, four-year universities and at private business schools. These training programs can take two to four years. High school graduation is required, and it is important that court reporters have strong language skills with a good vocabulary. The National Court Reporter's Association has lists of schools that offer courses in court reporting.
National Court Reporters Association
8224 Old Courthouse Road, Vienna, Virginia 22182-3808
800.272.6272, 703.556.6272
http://www.ncraonline.org/about/index.shtml
Becoming A Court Clerk Or Bailiff
Court clerks administer oaths in courtrooms, take responsibility and custody of physical evidence introduced at trial, and help in the general administration of the trial by providing assistance to the judge and the attorneys.
Bailiffs are often law enforcement officers, assigned to a courtroom to keep peace and assist the judge, courtroom clerks, witnesses and jury, and whose duties vary according to jurisdiction and judge but often include maintaining order in the courtroom. See "becoming a law-enforcement professional" below.
Court clerks should not be confused with the Clerk of the Court, usually an elected position. The Clerk of the Court is responsible for the court complex and is custodian of all court records, maintains dockets, collects fees, keeps minutes of court proceedings, files documents like licenses and wills, etc.
Working for the Federal Government as a lawyer, paralegal or other legal professional
There are numerous options for those interested in pursuing careers with the federal government. Because of the variety and complexity of job offerings, we recommend you research:
- The Federal Bureau of Investigation (FBI) via www.fbi.gov (click on employment then click on support vacancies)
- The Internal Revenue Service (IRS) via www.jobs.irs.gov (click on other professional careers)
- The Drug Enforcement Agency (DEA) via www.dea.gov (click on job applicants)
- The Bureau of Alcohol, Tobacco and Firearms (ATF) via www.atf.gov (click on jobs then click on types of jobs at ATF)
There are numerous other professions that could be considered law-related. You could become:
American Bar Association Accredited Law Schools In Illinois
Suggested reading list for those interested in a career in the law:
A Civil Action, by Jonathan Harr
Anatomy of a Murder, by Robert Traver
Billy Budd, by Herman Melville
Bleak House and The Pickwick Papers, by Charles Dickens
Gideon's Trumpet, by Anthony Lewis
Les Miserables, by Victor Hugo
Looking at Law School, by Stephen Gillers
One-L, by Scott Turow
The Bramble Bush, by Karl N. Llewellyn
The Paper Chase, by John Osborne Jr.
To Kill A Mockingbird, by Harper Lee
A Corrections Officer
A Forensic Scientist
A High School Law/Government/Political Science Teacher
A Human Resources/Personnel Director
A JAG Officer (Judge Advocate General) or Military Lawyer
A Legal Nurse Consultant
A Legal Researcher (Lexis/Nexus, Westlaw)
A Legislator Or Other Elected Official
A Lobbyist
A Parole Officer Or Probation Officer
A Private Investigator Or Private Detective
A Transportation Security Screener/Customs Officer
A Victim Advocate
An excellent resource for law-related careers in the law is available on-line through Streetlaw at http://www.streetlaw.com/careers.html
Additional information on many professions can be found through the U.S. Department of Labor, Bureau of Labor Statistics at http://bls.gov/home.htm and specific information for students can be found at
http://bls.gov/k12/index.htm
DePaul University Law School, 25 E. Jackson Blvd., Chicago, IL 60604
Illinois Institute of Technology, Chicago-Kent College of Law, 77 S. Wacker Drive, Chicago, IL 60606
Loyola University Law School, 41 E. Pearson Street, Chicago, IL 60611
Northern Illinois University College of Law, Swen Parson Hall, DeKalb, IL 60115
Northwestern University School of Law, 357 E. Chicago Avenue, Chicago, IL 60611
Southern Illinois University School of Law, Carbondale, IL 62901
The John Marshall Law School, 315 S. Plymouth Court, Chicago, IL 60604
University of Chicago School of Law, 1111 E. 60th Street, Chicago, IL 60637
University of Illinois College of Law, Law Building, Champaign, IL 61820
DOORS TO DIPLOMACY
2006 WEB PROJECT COMPETITION FOR MIDDLE SCHOOL
AND HIGH SCHOOL STUDENTS
The U.S. Department of State along with the Global SchoolNet Foundation is pleased to announce the 2006 "Doors to Diplomacy" award competition. This educational award program will recognize the student-created Global SchoolNet Web projects that best teach others about the importance of international affairs and diplomacy.
Students work in small teams with teacher-coaches. Projects must be
completed by March 17, 2006. Winners will be announced in May 2006.
Every team that completes a final entry will receive a special "Doors to
Diplomacy" certificate to recognize their achievement. Each student member of the team who wins the "Doors to Diplomacy" receives a $2,000 scholarship, and the winning coaches' schools each receive a $500 cash award. For a complete description and information about eligibility and judging criteria, visit http://globalschoolhouse.org/doors/
For more information, contact Dr. Yvonne Marie Andres at Global SchoolNet, Telephone: 760-635-0001
E-mail: mailto:diplomacy@globalschoolnet.org
or
Janice Clark , U.S. Department of State, Telephone: 703-875-5086
SOURCE: Global TeachNet, National Peace Corps Association,
http://www.globalteachnet.org/
POINTS OF LAW
DISCUSSION TOPICS FOR CLASSROOM OR COMMUNITY USE
COMMON LAW MARRIAGES -- ARE THEY VALID IN ILLINOIS?
Common law marriage usually occurs after a couple has cohabitated for a substantial number of years. While some states do recognize common law marriages as legal and binding, Illinois does not. Current state statutes declare that common-law marriages contracted in this State after June 30, 1905 are invalid. Any marriage in this state between a man and a woman must be duly licensed, solemnized and registered as mandated by Illinois law. It should, however, be noted that any children born or adopted of a prohibited or common law marriage are considered fully legitimate under Illinois law.
DRUG PUSHING TO MINORS CAN LEAD TO DOUBLE PENALTIES
JOB-RELATED INTERVIEWS MUST BE OBJECTIVE
Employers may not ask whether you are taking any prescription drugs, if you have ever been addicted to drugs, or if you have been treated for drug use. Most employers cannot require pre-employment medical examinations, but employers can conduct drug testing of job applicants. An employer can refuse to hire a job applicant who is currently engaged in the illegal use of drugs but cannot exclude an individual who has completed or is participating in a supervised drug rehabilitation program.
Also, employers cannot ask questions about mental health. Employers who violate these laws are subject to prosecution.
CONSUMER ALERT--THE LEMON LAW
Sometimes new cars aren't all you expect them to be and obvious defects cause you to think you've purchased a lemon. What can you do if the car you purchased is a "lemon?" In Illinois, you may have some protection under The New Vehicle Buyer Protection Act, which allows you to cancel the purchase deal if you bought a defective new passenger car from a dealer, and certain other conditions are met. If a defect "substantially impairs" the value of the vehicle, you must tell the dealer and give him or her a reasonable number of chances to fix it. Within a reasonable time, you must notify the dealer that you are canceling the purchase and then you must return the vehicle without substantial change to it.
PROTECTING OUR SENIOR CITIZENS
In Illinois, there are special provisions under the law to protect senior citizens, or those 60 years of age or older, from abuse and neglect. The Elder Abuse and Neglect Act defines abuse as any means causing any physical, mental or sexual injury to an eligible adult, including exploitation of such adult's financial resources. Neglect is defined as another person's failure to provide to the elder person "the necessities of life including, but not limited to, food, clothing, shelter or medical care. If you are aware of a senior citizen who may be experiencing abuse or neglect, you may contact the Office of the Attorney General, the State Police, local law enforcement, or the Illinois Department of Aging.
ADDITIONAL LAW-RELATED EDUCATION CONTACTS AND RESOURCES
There are several national Law-related Education programs:
American Bar Association
541 North Fairbanks Court, Chicago, IL 60611-3314 Center for Civic Education Constitutional Rights Foundation Constitutional Rights Foundation Phi Alpha Delta Street Law, Inc. Members of the 2005-2006 Standing Committee on
Law-Related Education for the Public
Mary L Milano, Chair Zeophus J Williams, Vice-Chair
Thomas J Carlisle, Secretary Jay D Reece, Ex Officio
Hon Harris H Agnew David L Anders
Kimberly J Anderson Rex L Brown
Kelli M Childress Politte Hon John P Coady
Lauren E DeJong Mary E Doherty
Sheila Fahey-Wallenius Gail T Friedman
Camela A Gardner Carl W Gilmore
Yvonne M Kato Marylou L Kent
Frank J Kopecky Ann M Pictor
Anthony E Rothert Kelli M Smith
Mark D Hassakis, Board Liaison
Melinda Bentley, Staff Liaison
Donna Schechter, Staff Liaison & Mock Trial Coordinator
We hope you find this Newsletter helpful and interesting.
Please feel free to forward it along to others who may be interested.
Thank you.
Illinois State Bar Association
424 South Second Street, Springfield, IL 62701
800.252.8908 217.525.1760 Fax: 217.525.0712
www.isba.org
Illinois drug laws are structured to provide a harsher penalty for those who sell drugs than for those who merely posses them. The law also provides a greater penalty for those who "push" drugs to persons who are minors. For instance, any person who is 18 years old and delivers marijuana to a person under 18 years of age who is at least three years his junior may be sentenced to a term of up to twice the maximum penalty otherwise provided for the delivery of marijuana. The law is intended to discourage pushers from providing drugs to minors.
DRIVER'S DUTIES IN AN AUTO ACCIDENT
Each year thousands of Illinois residents are involved in traffic accidents. The law says a driver must stop immediately and remain at the scene until the following information has been provided: driver's name, license number, name of owner of the vehicle and vehicle registration number. If injuries occur, drivers must render reasonable assistance, which may include seeing that injured persons are taken to a doctor. In such a case the driver must immediately return to the scene of the accident, or make a report to the nearest police station in three hours. Traffic accidents are bad enough, but failure to stop and report the accident could result in a criminal charge.
DON'T MAKE IT EASY FOR A RIP-OFF ARTIST
Rip-off artists bank on consumer misinformation to make a buck. Here are some tips to protect yourself. First, there is a right to cancel any purchase from a door-to-door salesman within 3 days of the purchase. Second, being notified you are a guaranteed winner of a prize will often cost you plenty. Also, avoid giving out your credit card number for identification. Con artists with access to your number and expiration date may make unauthorized charges on your card. Other common forms of consumer fraud are home and auto repair scams and scams on the elderly. Contact the Attorney General's Office for more information.
312-988-5735 FAX 312-988-5494
www.abanet.org/publiced
5146 Douglas Fir Road, Calabasas, CA 91302
800-591-4223 FAX 818-591-9330
www.civiced.org
407 S. Dearborn, Suite 1700, Chicago, IL 60605
312-0663-9057 FAX 312-0663-4321
www.crfc.org
601 S. Kingsley Drive, Los Angeles, CA 90005
213-487-5590 FAX 213-386-0459
Public Service Center, 345 N. Charles Street, Baltimore, MD 21201
410-347-3118 FAX 410-347-3119
www.pad.org
1600 K Street, NW, Suite 602, Washington, DC 20006
202-293-0088 FAX 202-293-0089
www.streetlaw.org
