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Government LawyersThe newsletter of the ISBA’s Standing Committee on Government Lawyers

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Newsletter articles from 2004

Attorney General issues opinions By Lynn Patton June 2004 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2002)), the Attorney General is authorized, upon request, to give written legal opinions to State officers and State's Attorneys on matters relating to their official duties.
Attorney General’s office issues opinions on the State Officials and Employees Ethics Act* By Lynn Patton September 2004 Attorney General Lisa Madigan's office recently issued two opinions regarding the implementation of the new State Officials and Employees Ethics Act (added by Public Act 93-615, effective November 19, 2003, as amended by Public Act 93-617, effective December 9, 2003, to be codified at 5 ILCS 430/1-1 et seq.).
Case law update By Lee Ann Schoeffel September 2004 Arvia v. Madigan, No. 95590 (April 15, 2004). Although facial challenge to "zero tolerance law" (625 ILCS 5/11-501.8 (West 2000)) does not require exhaustion of administrative remedies and is not waived by failure to file administrative review of decision by the Secretary of State to deny motion to rescind summary suspension of plaintiff's driver's license, trial court erred when it held that law violates due process and equal protection.
Case law update By Lee Ann Schoeffel June 2004 Clark v. White, 343 Ill. App. 3d 689 (4th District, September 25, 2003). Hearing officer's decision to deny applicant a restricted driving permit is against the manifest weight of the evidence because applicant proved by clear and convincing evidence both that lack of driving privileges caused him an undue hardship, requiring that either he miss work or that his wife turn down overtime pay in order to transport him to work, and that he had resolved his alcohol problem.
Case law update By Lee Ann Schoeffel March 2004 Nudell v. Forest Preserve Dist. of Cook County, 207 Ill.2d 409 (October 17, 2003). Pursuant to section 3-103 of Administrative Review Act (735 ILCS 5/3-103 (West 1998)), 35-day period for filing a complaint to review a final administrative decision begins to run on the date that the agency decision is deposited in Untied States mail, rather than from the date that the decision is actually received, overruling Lockett v. Chicago Police Board, 133 Ill.2d 349 (1990), and Carver v. Nall, 186 Ill.2d 554 (1999).
Ethics corner: Blagojevich signs ethics reforms into law March 2004 On December 9, 2003, Governor Rod R. Blagojevich signed into law the State Officials and Employees Ethics Act.
From the chair By Marc Christopher Loro June 2004 For my last column, I would like to take up one of President Lavin's themes for this year and pay tribute to my mentors.
Government lawyer honored as Laureate by the Academy of Illinois Lawyers By Marc Christopher Loro March 2004 On March 3, 2004, retired First Assistant State Appellate Defender Patrick J. Hughes, Jr., will be inducted into the Academy of Illinois Lawyers as one of 12 distinguished Laureates in the 2004 class.
In-sites By Kelly Wingard March 2004 Now that the last remnants of Christmas have been packed away and hauled to the attic, it is time to pull out the calculator, W-2s, and receipts in preparation for the 2003 tax-filing season.
ISBA Assembly adopts tribute to government lawyer fire victims March 2004 During the ISBA Assembly meeting held November 7, 2003, the following resolution was adopted to honor the memory of three government lawyers who died in a fire October 17, 2003, at the Cook County Administration Building.
Legislative update By Lynn Patton and Cynthia I. Ervin November 2004 The 93rd General Assembly adjourned its spring session on July 24, 2004, following an overtime session that lasted for weeks to pass a State budget.
Legislative update June 2004 The Illinois General Assembly has introduced numerous bills to be reviewed this spring.
News you can use March 2004 Many government lawyers face a common challenge: struggling to pay off large law school loans while earning low wages.
Open Meetings Act-A convenient place lies somewhere between a broom closet and a football stadium By John H. Brechin June 2004 Gerwin involved an action by a citizen alleging that a meeting held by the defendant was in violation of the Open Meetings Act because it held a meeting at a location that was not convenient to the public.
Open Meetings Act-Right to participate By John H. Brechin June 2004 The City of Cocoa enacted regulations limiting the right of non-residents to speak during its city council meetings.
A short course on guardianship appointment and service By James B. Moses Jr. March 2004 Editors' Note: This article is the second in what is hoped to be a series of articles written by government lawyers with expertise in an area of law in which family and friends often pose questions.
Someone you should know: David Koski By John Gibbons September 2004 In early May 2004, a staff meeting was held for the employees of the Winnebago County State's Attorney's Office.
Someone you should know: Edwin R. Parkinson By Kelly Wingard June 2004 Ed Parkinson is someone you should know. The affable Irishman with smiling eyes and a "never-known-a-stranger" personality, is also a no-nonsense prosecutor with an appetite for death penalty cases.
Someone you should know: Raquel “Rocky” Martinez By Bryant Gomez March 2004 When Raquel "Rocky" Martinez approached her high school counselor to discuss her plan to pursue a legal career, she did not expect to receive such a discouraging response.