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

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Newsletter articles from 2012

The 32nd Annual National Conference of State Tax Judges By Hon. Alexander P. White December 2012 An update on this Annual Conference, which took place this year in San Francisco from September 13-15.
All members of public bodies required to complete Attorney General’s Open Meetings Act training curriculum January 2012 Public body members serving in office on January 1, 2012, must complete the training by December 31, 2012. Persons who become members of public bodies after January 1, 2012, must complete the training curriculum within 90 days of assuming office.
Application of discovery rules to requests to admit By Kevin Lovellette June 2012 One issue that has recently seen increased litigation is whether Requests to Admit are discovery devices subject to the requirements of discovery rules and orders of court.
Attorney General issues opinions By Lynn Patton October 2012 Recent opinions issued by the Illinois Attorney General.
Attorney General issues opinions By Lynn Patton March 2012 Recent opinions issued by the Illinois Attorney General.
Attorney General’s 2012 online Freedom of Information training now available March 2012 A link to the 2012 FOIA training on the Attorney General's Web site.
Comments from the Chair By Sharon L. Eiseman October 2012 A message from Committee Chair Sharon Eiseman.
Condemnation actions—In rem or quasi in rem? By Marylou Lowder Kent December 2012 The recent case of Village of Algonquin v. Lowe seems to indicate that if a condemning authority knew or should have known that a party had an unrecorded interest in the property, service by publication may not be sufficient and any judgment rendered in the condemnation action would not be binding on any party not properly before the court.
Don’t! By Hon. Michael B. Hyman October 2012 Author and Judge Michael Hyman provides his list of DOs and DONTs that apply equally to proceedings in court and everyday life at the office.
Final regulations for the Americans with Disabilities Amendments Act are now available By Eileen M. Geary January 2012 The new regulations follow the ADAAA’s directive that mitigating measures not be considered in determining whether an impairment substantially limits a major life activity. Mitigating measures can eliminate or reduce the symptoms or impact of an impairment, and can include medication, prosthetics, and assistive technology.
Is information on privately-owned electronic devices subject to FOIA?—What Public Access Binding Opinion No. 11-006 means to you and your government clients By John Redlingshafer January 2012 Opinion 11-006 of the Illinois Attorney General’s Public Access Bureau firmly establishes that electronic communications, whether shared on publicly or privately-owned devices, can be considered “public records” and therefore, may be subject to FOIA.
ISBA President challenges Illinois lawyers to fight hunger October 2012 ISBA President John Thies invites all law firms and legal organizations statewide to participate in a food and fundraising drive during the final two weeks in February 2013.
Military-related FMLA provisions By Paul Thompson December 2012 Within the FMLA provisions are benefits framed specifically for members of the armed forces in order for family members: (i) to care for a seriously injured or ill service-member; and (ii) to assist with the civil affairs of a mobilizing, deployed or returning service-member. While the policy intent of the first rationale is readily apparent to enable an immediate relative to care for the returning veteran who is injured or ill, the second rationale’s underpinnings in civil relief may not be as easily intuitive.
New MCLE rule changes effective September 27, 2011 By Patrick T. Driscoll, Jr. and Julie Busch January 2012 A summary of the significant changes to the MCLE rules that apply to all attorneys.
Public employees and free speech By Matthew Feda January 2012 An overview of the history and current trends in the law regarding public employee free speech, as well as practical advice for bringing a claim.
Public service and repaying your loans: Once impractical, now a reality By Matthew S. Dionne June 2012 This article seeks to call attention to and explain the recent federal and Illinois legislation designed to encourage attorneys to stay or enter the public interest field.
A quick guide to the DNA database law in Illinois and the 2012 updates By Paul R. Vella June 2012 Pursuant to 730 ILCS 5/5-4-3, a person convicted of, found guilty of, or who received a disposition of court supervision for, a qualifying offense or attempt of a qualifying offense shall be required to submit a specimen of blood, saliva, or tissue to the Illinois Department of State Police. 
Someone you should know: John Kamis, Senior Advisor to Governor Pat Quinn By Tiffany Elking June 2012 As Senior Advisor to Governor Pat Quinn, John Kamis knows the interplay between the lobbyists and community interest groups, and understands the inner-workings of both chambers.
Someone you should know: Pat Driscoll, Cook County State’s Attorney’s Office By Karen Dimond March 2012 Learn more about this dynamic attorney and member of The Standing Committee on Government Lawyers.
Someone you should know: Patrick Blanchard, Independent Inspector General for Cook County By Sharon L. Eiseman October 2012 We have chosen to feature IIG Blanchard in this issue of The Public Servant so we might learn what made him aspire to be the first lawyer serving in such an important role and how this relatively new office and officer are faring since the position was created only four years ago.
Someone you should know: Stephen R. Wigginton, United States Attorney for the Southern District of Illinois By Matthew S. Dionne December 2012 While he is known to be tough, Steve would rather his office have the title of 'most admired' by all in the civil and criminal justice system, from court staff to the public, than the toughest or most aggressive.   
Updating eavesdropping: ACLU v. Alvarez and potential legislation By Jordan M. Kielian and David J. Silverman October 2012 ACLU v. Alvarez changed the landscape of the eavesdropping law in Illinois. Prosecutors can no longer enforce the law against people who openly record police officers performing their duties in public.
Whatcha gonna do, whatcha gonna do when they come for you? By Thomas L. Ciecko March 2012 What to expect when the Executive Inspector General requests information from you.