In addition to past membership on several other ISBA section councils, committees and task forces, Phipps serves on the Supreme Court's Alternative Dispute Resolution Committee and has been active in pro bono programs.
Schuster chairs the Elder Law Section Council and is vice chair of The Fellows of the Illinois Bar Foundation. She also is a member of the Task Force on the Unauthorized Practice of Law, the Committee on Legislation and the Committee on Personnel.
In recent years, she has chaired the General Practice Section Council and served on the Task Force on Certification and the Committee on Communication for the Next Century.
Schuster is a past president of the Southwest Bar Association and an active member of the Suburban Bar Coalition and the South Suburban Estate Planning Council. She serves on the board of the Illinois Real Estate Attorneys Association.
ISBA legal staff changes are announced
The Illinois State Bar Association and Dennis A. Rendleman announced his voluntary resignation as general counsel on May 23. He will remain associated with the ISBA on a consulting basis through June 30.
A graduate of the University of Illinois College of Law, Rendleman joined the ISBA staff in August 1981 and became general counsel in 1989 after serving as assistant counsel and staff counsel.
During his tenure, Rendleman has addressed most major issues confronting the legal profession, with particular emphasis on legal ethics and professional conduct. He served as the ISBA's chief legal counsel and supervised a staff of three attorneys, five support personnel, a paralegal and a student worker.
In 1990, Rendleman was voted a special resolution from the ISBA Board of Governors in recognition of his extraordinary service.
"Sometimes the only choice turns out to be the best choice," he said last month. "After 20-plus years, it is past time to move on. Like the core of ISBA members, I will be a sole practitioner.
"My current plans are to provide advice and formal opinions for attorneys on matters of ethics and professional conduct," Rendleman added, "and to pursue further training and practice in mediation, with emphasis on matters involving lawyers and law firms.
"My experience working with members of the bar on a daily basis gives me a unique ability to continue my service to lawyers on a private basis," he said. "I also look forward to further teaching and writing opportunities."
An adjunct professor in legal studies at the University of Illinois in Springfield since 1985, Rendleman is president of the Illinois Supreme Court Legal Historical Society. He will continue as a member of the ISBA-CBA-IJA Illinois Judicial Ethics Committee.
Rendleman can be contacted by telephone at (217) 698-0885, by mail at 2305 August Drive, Springfield 62704, and by e-mail at darendleman@sbcglobal.net.
Mary T. McDermott of Chicago, the ISBA's first assistant counsel for the past three years, has been appointed general counsel to succeed Dennis A. Rendleman. Melinda J. Bentley of Springfield has been promoted from assistant counsel to first assistant counsel.
A 1990 graduate of the DePaul University College of Law, McDermott was ISBA assistant counsel from 1991 until 1993, when she joined the staff of the Administrative Office of the Illinois Courts.
She helped implement court-annexed mandatory arbitration and mediation in the 11th Circuit, and worked with the Supreme Court's Criminal Law Committee in development of new statewide probation programs. She also provided staff support for the Illinois Courts Commission.
In 1998, McDermott became an attorney-investigator for the Chicago Board of Ethics, looking into alleged violations of the city's Governmental Ethics Ordinance by officials and employees, and prosecuting them before the ethics board.
She also monitored campaign finance contributions to candidates for election to city offices to ensure that they complied with existing rules.
McDermott rejoined the ISBA legal staff in 2000. Her appointment as general counsel was announced May 23 by the Board of Governors.
Educational opportunities abound at Annual Meeting
In addition to five Law Ed Series seminars scheduled during the 127th ISBA Annual Meeting this month at The Abbey on Lake Geneva, two other education programs are planned.
From 7:30 to 9:30 a.m. Friday, June 20, the ISBA Law Office Management and Economics (Standing Committe on) will conduct a breakfast symposium with roundtable exchange of ideas related to law practice management.
Each table of participants will have a facilitator to guide discussion on a specific topic and a reporter, so notes can be compiled for subsequent circulation.
Among the facilitators are Mary F. Andreoni of the Attorney Registration and Disciplinary Commission and Jon W. DeMoss of the ISBA Mutual Insurance Co., discipline and liability issues; Paul J. Sullivan, law firm management, and Alan Pearlman, computer technology.
From 9 to 10 a.m. Saturday, June 21, ISBA Mutual will present a seminar on Loss Prevention and Professional Ethics to help lawyers avoid malpractice claims and disciplinary action.
The speakers are ARDC counsel Mary Andreoni, a member of the Committee on Professional Responsibility, and Warren Lupel, who serves on the Committee on the ARDC and is president of the Illinois Bar Foundation.
Stories about the regular Law Ed Series seminars during the Annual Meeting are published in this issue of the ISBA Bar News. A registration form also is included in the Annual Meeting pages in this issue. Summaries follow.
Hot Topics for the General Practitioner, presented by the General Practice, Solo and Small Firm Section from 9 a.m. to 4 p.m. Friday, June 20.
Potpourri of Civil Practice, Tort and Insurance Law," a presentation of the Tort Law, Insurance Law, and Civil Practice and Procedure Sections from 9 a.m. to 4 p.m. Friday, June 20.
How to Make a Living Practicing Family Law, presented by the Family Law Section from 9 a.m. to 12 noon Saturday, June 21,
Effective Legal Writing I: Clear and Direct Prose from 1 to 4 p.m. Friday, June 20.
Effective Legal Writing II: Informative and Persuasive Documents from 9 a.m. to 12 noon Saturday, June 21.
Attendance at any Law Ed Series seminar requires payment of the Annual Meeting registration fee plus either $65 for a full-day program or $50 for a half-day program.
An informative presentation on procedures in the County Division of the Cook County Circuit Court will be made during a 12 noon luncheon meeting of the ISBA Young Lawyers Division on Thursday, June 26, in the Chicago Regional Office.
Cook County Judges Robert W. Bertucci and Nathaniel R. Howse will explain how the County Division handles mental health, adoption, election and tax matters and will provide advice for young lawyers on conduct in the courtroom environment.
Attendance is free and open to all ISBA members, but space is limited. Advance reservations should be made by calling Phyllis Lester at (312) 726-8775. Participants may bring lunches or order box lunches for $10 each. Refreshments will be provided.
Judge Bertucci, a 1983 graduate of the Chicago-Kent College of Law, was elected to the bench in 1992 after nine years as an assistant state's attorney. Judge Howse graduated in 1976 from the Loyola University School of Law and was in private practice for 22 years before his election in 1998.
Judges' guide to proceedings involving military: Part one
The following information for the Illinois judiciary is adapted from a guide developed by the Military Committee of the American Bar Association Section of Family Law and the North Carolina State Bar Committee on Legal Assistance for Military Personnel. It is presented with permission of, and the ISBA's thanks to, North Carolina attorney Mark E. Sullivan.
Part two of this presentation will be published in the July 15 issue of the ISBA Bar News.
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Illinois judges may encounter plaintiffs or defendants who are on active duty in the military. This guide highlights some of the issues related to the impact of military service on civil litigation, financial obligations, mortgages, leaves and other matters.
Congress passed The Soldiers' and Sailors' Civil Relief Act of 1940 (SSCRA), as amended, to provide protection to those called to active duty in the U.S. Armed Forces or who are deployed. Reservists and members of the National Guard (when activated under Title 10, United States Code) are also protected under the SSCRA.
The protection begins on the date of entry on active duty and generally ends within 30 to 90 days (and in certain cases for up to six months) after release from active duty. The current law is in 50 U.S.C. App. 501-548, 560-593.
Courts have generally constructed the SSCRA liberally to protect those in uniform. The U.S. Supreme Court has said that the statute should be read "with an eye friendly to those who dropped their affairs to answer their country's call." Le Maistre v. Leffers, 333 U.S. 1, 6 (1948).
Q. What does the SSCRA say about delay of judicial proceedings?
A. Under 50 U.S.C.App. 521:
* A service member who is a party in civil (not criminal) judicial proceedings may obtain a stay of these proceedings if certain conditions are met.
* The request for a stay can be a motion by the member or on the court's own motion.
* The court must find that the member's ability to prosecute or defend is "materially affected" by reason of his or her active duty service.
* Once this finding of material effect is made, the member is entitled to a stay for such period as is necessary until the material effect is removed.
* Since courts are reluctant to grant long-term stays of proceedings, they can and should require members to act in good faith and be diligent in their efforts to appear in court.
Q. What is "material effect"?
A. There is no one definition. The court should make a finding of material effect when a military member's ability to prosecute or defend a civil suit is impaired by military duties that prevent the member from appearing in court at the designated time and place, or from assisting in the preparation or presentation of the case.
An adverse material effect might also be found when military service impairs substantially the member's ability to pay financial obligations.
Q. If the member isn't in court before me, how can I inquire into material effect?
A. Here are some points to consider:
* Require an affidavit setting out all the facts and circumstances, usually executed by the member or the member's commander.
* Ask for a copy of the member's Leave and Earnings Statement (the military equivalent of a pay stub) to show his or her Base Pay, Basic Allowance for Housing, Basic Allowance for Subsistence, tax withholdings, voluntary allotments to pay bills or support, and accrued leave.
* Remember that members from all branches of military service, whether buck private or rear admiral, get 30 days' leave annually, accruing at the rate of 2.5 days per month (although military necessity may limit when the leave may be taken).
* Request a more specific affidavit detailing the member's efforts to appear in court, for example, and the next court date when he or she would be available.
* Keep in mind that members who are going through basic or advanced training may be unable to appear in court due to the training schedule; no extra days are built into the schedule to accommodate court dates, depositions or family emergencies, and being gone from training frequently means that the trainee will have to repeat the same training program from the beginning.
Q. Can a default judgment be entered against a service member in his or her absence?
A. Yes, but there are restrictions under the SSCRA. When the plaintiff applies for a default judgment or when the moving party attempts to have a hearing in the absence of the defendant, the SSCRA applies.
It requires the movant to sign and file an affidavit with the court stating that the other party is in the military, is not in the military, or the movant does not know, before a decree or judgment can be obtained by default.
If the affidavit indicates the other party is in the military or the movant does not know, the SSCRA indicates the court should appoint an attorney to represent the other party.
These provisions do not apply unless the member failed to appear at all. If, for example, the member has counsel of record, or has filed pleadings in the case, this provision does not apply; 50 U.S.C.App. 520 governs default entries and reopening defaults.
Q. What if the affidavit shows that the party to be defaulted is in the armed forces?
A. When this happens, no default can be taken until the court has appointed an attorney to represent the member. If the court fails to appoint an attorney then the judgment or decree is voidable.
Q. What does the court-appointed attorney do?
A. The SSCRA does not say what the appointed attorney does, but the probable role of the attorney is to protect the interests of the absent member, much as a guardian ad litem protects the interests of a minor or incompetent party.
This would include contacting the member to advise that a default is about to be entered and to ask whether that party wants to request a stay of proceedings. No provision of the SSCRA says who pays the appointed attorney.
Q. Can I require a bond to be posted before entry of a default judgment?
A. Yes. The SSCRA allows the court to require the moving party to file a bond as a condition for the entry of a default judgment, in addition to the other provisions set out above, in order to indemnify the absent service member against loss or damage in case the decree is later overturned. The court can also make such other provisions as are deemed necessary to protect the member's rights.
Q. What are the provisions for reopening a default judgment?
A. When a default has already been entered, a member has the right to have it reopened upon certain conditions.
If the default is granted during the period of military service or within 30 days thereafter, the member can apply to have it set aside, provided that the member requests reopening the decree within 90 days after the end of military service, and that no appearance has been entered, either pro se or through an attorney.
The member's application to set the decree aside should be granted if the member can show that he or she has a good and legal defense to the claim, and can show prejudice resulting from not being able to appear in person to defend or prosecute.