In a resounding voice vote, with few scattered nays, the ISBA Assembly on June 23 at the Abbey Resort voted to support, in concept, a legislative proposal for establishment of civil unions between couples of the same or opposite sex.

The vote was the third in a series of deliberations that began with the threshold question of whether the Illinois State Bar Association should take any position on civil unions.

During that debate, the longest of the three, most speakers pointed to the responsibility of the state bar to comment on legislation that may have an impact on lawyers and clients in various areas of the practice of law.

Among them were past presidents Irene F. Bahr, Cheryl I. Niro and Robert K. Downs, each of whom urged the Assembly to carry out its leadership role as the association's broad-based, policy setting body.

“Our role is not to sit on our hands,” Niro said. “Our integrity, knowledge and experience are needed” by the state legislature.

House Bill 1826 had been strongly backed by the Family Law Section Council as a solution to “real-life practical problems” that exist “without any decent legal mechanism or structure to guide us.”

Pointing out a number of scenarios involving unwed partners, some with children, the section council noted that “The rest of society may not see the legal imperative, but we do.”

Support also was registered by the section councils of Bench and Bar, Elder Law, Human Rights, International and Immigration Law, Trusts and Estates, and Local Government Law, and the Committees on Delivery of Legal Services, Mental Health Law, Women and the Law, and Sexual Orientation and Gender Identity.

The second question presented to the Assembly was whether to take a position in support of civil unions. That received the same overwhelming voice vote as did the final question of whether to support the specific legislative proposal.

The measure adopted by the Assembly is that in recognition of strong interest in supporting stable families, along with evolving definitions of families, the ISBA supports HB 1826, in concept, in the form of Amendment No. 2 that was pending on June 23.

The proposal may be accessed through the Web site, www.isba.org, under Illinois Legislative Info, clicking on “bills” and entering HB1826, then clicking on “Full Text” and “House Amendment 002.”

President Joseph G. Bisceglia praised the Assembly members for the quality of the debate: "I was extremely proud to see the issues discussed calmly and with respect for those with opposing views–the kind of high level discourse one would hope for and expect from the best and the brightest of the Illinois legal community.”

The ISBA Assembly has voted unanimously to support a Supreme Court rule amendment that would permit retired and inactive lawyers, and limited-license house counsel to provide pro bono legal services under the direction of qualified entities.

The proposal would add a paragraph (j) to Rule 756, titled Pro Bono Authorization for Inactive and Retired Status Attorneys and House Counsel.

Subjects would be able to represent, “without charge or expectation of a fee … persons of limited means or organizations” defined in paragraph (f).

Sponsoring not-for-profit organizations, governmental entities, law schools and bar associations would have to apply for permission to participate, and the attorneys would have to follow specific procedures.

The ISBA Committee on Supreme Court Rules recommended that mandatory malpractice coverage be provided by sponsoring entities.

• • •

The Assembly also voted to clarify bylaws pertaining to its student members by requiring an eligible candidate to have completed at least 15 hours, rather than “one semester,” of study in his or her law school.