2004 Articles

20th annual Illinois Public Sector Labor Relations Law Program October 2004 Illinois Labor Relations Board, Illinois Educational Labor Relations Board

66 years young By James W. Chipman September 2004 Recently, our section council newsletter, Administrative Law, marked its 30th year.

Administrative Law Judge’s responsibility to create a full record and to explain the reasoning for the decision By Andrew Creighton June 2004 The issue of what is an adequate record for administrative review was discussed at length in Niam v. Ashcroft.

Administrative Law Judges-Working together By Ann Breen-Greco September 2004 On June 24, 2004 the Illinois Association of Administrative Law Judges (IAALJ) held its annual meeting in conjunction with the year's last meeting of the Chicago Bar Association's Administrative Law Judges Committee.

Administrative review of City of Chicago hearing decisions February 2004 Remarks of Judge Sandra Tristano, Circuit Judge, Cook County, Given before the CBA Administrative Law Judges Committee, November 25, 2003

Analysis of some recent decisions By Paul E. Freehling May 2004 In Lyon v. DCFS, 2004 Ill. LEXIS 361 (Ill. Sup. Court, No. 95643, Mar. 18, 2004), affirming 335 Ill.App.3d 376, 780 N.E.2d 748 (4th Dist. 2002), the Illinois Supreme Court addressed complex due process issues arising in the course of administrative proceedings involving alleged abuse of two school children by Lyon, one of their teachers.

Attorney General’s Office issues opinions on the State Officials and Employees Ethics Act* By Lynn Patton November 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.).

Brief report on recommendations voted on by the ABA House of Delegates at the Midyear Meeting in San Antonio, Texas on February 9, 2004 of interest to administrative law practitioners By Hon. Edward J. Schoenbaum May 2004 Administrative Judiciary [113B] Judicial Division, Encourages Congress to establish a retirement plan for federal administrative law judges that is appropriate to their judicial status and functions and that is separate from retirement plans of other career civil servants. Approved.

Chairman’s column By Thomas M. Battista June 2004 In the context of an Illinois administrative proceeding, when one discusses procedural due process, a consistent set of rules is unavailable.

Chairman’s column By Thomas M. Battista February 2004 The Illinois State Bar Association has for years integrated new technologies with services to its members.

Chair’s corner December 2004 It is my distinct honor to be the chairperson of the Administrative Law Section Council this year. The most rewarding part of this position is to serve the Illinois State Bar Association in the company of the fine attorneys on this section council.

The City of Chicago Department of Administrative Hearings April 2004 On January 27, 2004, James M. Reilly, Director of the City of Chicago's Department of Administrative Hearings, spoke to the Chicago Bar Association's Administrative Law Judges Committee.

DCFS violates due process of teacher accused of sexual abuse By Leon Fox June 2004 We are all familiar from our law school days with the procedural due process rights required under Mathews v. Eldridge, 424 U.S. 319 (1976), where a liberty interest is involved.

Ethics reform a top priority in 2003 fall veto session By James W. Chipman February 2004 After months of intense negotiations, the Illinois General Assembly passed an ethics package that included all of the components Gov. Blagojevich outlined in his amendatory veto of the original legislation last summer.

Expedited child support program By Yehuda Lebovits April 2004 The Illinois Supreme Court created the Expedited Child Support Program in 1992 when it approved the Plan submitted by the Chief Judge of the Circuit Court pursuant to Supreme Court Rule 100.1. Hearings on cases began in June of 1993.

Fees related to unemployment insurance claims By Joseph P. Mueller February 2004 Recently enacted legislation and a pending administrative change will combine to mitigate potential pitfalls for attorneys who represent individuals in their claims for unemployment benefits.

Illinois’ commitment to ethics By Claire A. Manning March 2004 The passage of new ethics legislation at the end of 2003 marks an era of legislative reform in a state that has, for too long, carried a sullied, and unfortunate reputation for politics-by-purchase.

Inside December 2004 This issue of the Newsletter begins with Section Council Chair Terry Shafter Freeman's delightful article about Section Council Vice-Chair Vickie Gillio.

Inside October 2004 This issue begins with details concerning the electronic information seminar to be held on October 29, 2004.

Inside September 2004 This issue of the newsletter includes wonderful articles about the past and the future practice of administrative law.

Inside June 2004 The Chair’s column and the next four articles of this issue of the newsletter, the ninth and final issue for the 2003-04 Association year, all involve different subjects, but in one way or another all concern due process.

Inside May 2004 Some statutes involving an administrative agency provide that potential relief for private persons can be sought solely by the agency, not by the injured party him/herself.

Inside April 2004 The only intersection between administrative and judicial proceedings usually occurs at the point of judicial review.

Inside March 2004 This issue contains two important articles, both by members of the Administrative Law Section Council. First, Illinois Property Tax Appeal Board attorney Terry Shafer summarizes a very fair decision of the First District Appellate Court that an administrative review proceeding was timely despite a technical violation of the seemingly mandatory Supreme Court rule regarding service of summons.

Inside February 2004 This issue of the newsletter contains several treats. Section Council member Jim Chipman summarizes the new ethics legislation recently passed by the General Assembly and signed by the Governor.

Irrational application of otherwise valid administrative regulation violates substantive due process By Andrew Creighton October 2004 Many public and private employers, especially those involved in law enforcement, have a zero-tolerance drug-free workplace policy.

The legacy of Lockett: Continued problems after 14 years By Carl R. Draper December 2004 In 1990, the Illinois Supreme Court shook the world of administrative review in its landmark decision, Lockett v. Chicago Police Bd.

Recent decision By Terry Shafer March 2004 Address for service of summons to Defendant's designated agent in administrative proceeding may be sufficient in a subsequent appeal to the court where timely filed, Defendant had actual notice, no prejudice was suffered and good faith was found.

Release of complaint letters against special education impartial hearing officers under the Illinois Freedom of Information Act (FOIA)* By Robert F. Ladenson June 2004 This article considers the obligations of the Illinois State Board of Education (ISBE) under the FOIA, 5 ILCS 140/1-11, in regard to release of documents concerning complaints against special education due process hearing officers

Report of the mayor’s Special Committee on City Code Enforcement April 2004 On October 11, 1995, Mayor Richard M. Daley appointed this Committee to review city ordinances that currently are enforced in the Circuit Court of Cook County or by administrative adjudications.