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

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Newsletter articles from 2005

Attorney-client privilege in the government sector: United States v. John Doe (In re Grand Jury Investigation) By Patricia M. Fallon September 2005 United States v. John Doe (In re Grand Jury Investigation), 399 F.3d 527, 535 (2d Cir. 2005) (In re Grand Jury Investigation) addresses a grand jury subpoena issued to Anne C. George, former chief legal counsel to the Office of the Governor of Connecticut.
Case law update By Lee Ann Schoeffel September 2005 Rodriguez v. Sheriff’s Merit Comm’n of Kane County., 355 Ill. App. 3d 676 (2nd Dist., February 4, 2005).
Case law update By Lee Ann Schoeffel February 2005 Appellate court erred when it approved of trial court's use of contempt petition to order detention of minor defendants in response to violation of terms of court supervision imposed as result of guilty plea to municipal ordinance.
Committee on Government Lawyers hosts brown-bag luncheon seminar By Dion Davi September 2005 (Notice to librarians: The following issues were published in Volume 6 of this newsletter during the fiscal year ending June 30, 2005: September, No. 1; November, No. 2; February, No. 3; June, No. 4).
Committee on Government Lawyers presents CLE seminar By Nancy G. Easum June 2005 On March 7, 2005, the Committee on Government Lawyers (CGL) sponsored the seminar, "Basics of the Legislative Process."
Communications and confidentiality issues: A cautionary tale February 2005 The ISBA Legal Department recently received a phone call from an agitated lay person who had overhead a lawyer on a commuter train discussing meetings with clients, naming clients, talking about billing practices and then dictating a memorandum to a client file that synopsized a case and case strategy, naming other lawyers and witnesses in the case.
Discipline of public sector attorneys: Some recent dispositions of interest from Illinois and other states By Rosalyn B. Kaplan September 2005 In re Nelson, Ill. Sup. Ct. No. M.R. 19657 (November 17, 2004). The Illinois Supreme Court ordered a 90-day suspension of Ms. Nelson’s license to practice on the basis of her breach of fiduciary duty to her client and her use of client confidences without the client’s consent, in violation of Rule 1.6(a) of the Rules of Professional Conduct.
Ethics corner: Discipline of public sector attorneys: some recent dispositions of interest from Illinois and other states By Rosalyn B. Kaplan February 2005 The Illinois Supreme Court ordered a two-month suspension of an associate judge's license to practice law, on the basis of false statements that he made in answering questions on his application for a judgeship.
Government Lawyers Committee hosts brown-bag luncheon on networking By Donna Del Principe February 2005 The Government Lawyers Committee sponsored the brown-bag lunch, "Jobs, Networking, and Why Do I Work for the Government?" on June 22, 2004.
Government lawyers loan forgiveness legislation struggles to find support By Paul A. Logli June 2005 The current version of the Prosecutors and Defenders Incentive Act, a government lawyer loan forgiveness bill, was introduced in the 109th session of the U.S. Congress by Representative David Scott of Georgia.
In-sites By Kathryn A. Kelly and Dion Davi September 2005 All too often we take our writing for granted. We’re lawyers, we rationalize, we know how to write!
In-sites By Rosalyn B. Kaplan February 2005 In the November 2003 edition of this newsletter, I introduced you to the ARDC's Web site and told you that portions of the site were still under construction.
ISBA recognizes senior government lawyers June 2005 Fllowing the Committee on Government Lawyers' CLE presentation "Basics of the Legislative Process" on March 7, 2005, the committee hosted a networking reception in Springfield to honor nine Senior Government Lawyers for their years of service-to government and to the bar.
Legislation preview By Lynn Patton and Cynthia I. Ervin June 2005 The 94th General Assembly convened on January 12, 2005. To date, 6,198 bills have been filed for consideration by the General Assembly.
Legislative update December 2005 The 94th General Assembly convened on January 12, 2005. Approximately 6,198 bills were filed for consideration by the General Assembly.
New amendments to the Open Meetings Act require Web site posting By Galen T. Caldwell September 2005 Public Act 94-028, effective January 1, 2006, amends the Open Meetings Act (5 ILCS 120/1 et seq.) to require that: (1) notices; (2) agendas; and (3) minutes of regular meetings of a public body be posted on the public body’s Web site.
News you can use By Marc Christopher Loro February 2005 A Sangamon County judge has entered an order that enjoins the Illinois Department of Children and Family Services (DCFS) from using lay persons to represent it at its administrative hearings.
Price v. State of Illinois: complaint against State’s Attorney must go to Court of Claims By Galen T. Caldwell June 2005 In Price v. State of Illinois, 354 Ill. App. 3d 90, 820 N.E.2d 104, 289 Ill. Dec. 596 (2004), the appellate court held that because a State's Attorney is a State employee who was acting within the scope of his employment during a sentencing hearing, the circuit courts lack subject matter jurisdiction to hear actions brought against the State's Attorney and related vicarious liability claims against the State of Illinois arising from acts performed within the scope of the State's Attorney's employment.
Public defender liability By Patrick J. Hughes June 2005 In December 2000, the Illinois Supreme Court affirmed that sovereign immunity does not bar an action against the attorneys of the Cook County Public Defender's Office for negligence allegedly committed in the course of representing an indigent criminal defendant, pursuant to an appointment by the circuit court.
Someone you should know: The Honorable Nancy J. Katz By Donna Del Principe September 2005 Judge Nancy J. Katz was concerned with justice long before she became a judge. While pursuing an undergraduate degree in sociology and criminal justice at Northeastern Illinois University, Judge Katz worked in a domestic violence shelter in the Uptown neighborhood of Chicago.
Veto session update December 2005 The Illinois General Assembly recently concluded its fall veto session schedule. The following is a brief summary of the legislative action that occurred during the veto session which may be of interest to the government bar.