2006 Articles

The new Section Council Chair—Jim Chipman By Vickie Gillio July 2006 As I settle into my new position as ex officio, it is my pleasure to introduce to you the newly installed chair of the Administrative Law Section Council, James W. Chipman.

Paul Freehling: 2006 Laureate, Illinois State Bar Association Academy of Illinois Lawyers By Terry Shafer Hoffman February 2006 This award could not have been bestowed on a nicer, sweeter, more deserving guy than Paul Freehling.

Proper exhaustion of administrative remedies? By Patti Gregory-Chang August 2006 The majority of the Justices on the Supreme Court of the United States recently declared that an appellant must PROPERLY exhaust administrative remedies before pursuing a claim in Federal Court. Woodford v. Ngo, 126 U.S. 2378 (2006).

Recent federal administrative law decision By Paul E. Freehling January 2006 Applicability of state licensing rules to representation before a federal administrative agency—Representation of a party in federal administrative proceedings by an attorney unregistered in the state where the proceedings are held—Right to attorney fees for such representation

Rodriguez reiterates the 35-day rule of the administrative review law By J.A. Sebastian February 2006 The time has come to speak of rules, and slips, and who's been lax. In Rodriguez v. Sheriff's Merit Commission of Kane County, No. 100165, the court considered whether the circuit court should have granted a section 2-0619 motion to dismiss a complaint filed pursuant to the Illinois Administrative Review Law (735 ILCS 5/3-101 though 3-113 (West 2002)) (“ARL”) on the basis of subject matter jurisdiction.

Someone you should know: Patti S. Gregory-Chang By Ronza M. Othman November 2006 Patti S. Gregory-Chang is undoubtedly someone you should know.

Special Education Hearing Officer: A “hybrid” federal/state Administrative Law Judge By Hon. Ann Breen-Greco October 2006 The role of a Special Education Hearing Officer/ALJ is unique: a “hybrid” ALJ—one who is part of a “national corps” of Special Education HO/ALJs, working under a federal statute, whose decisions are reviewed in federal court, and who is paid by federal funds but who works for a state board of education which administers the program.

Summary of recent decisions By Hon. Edward J. Schoenbaum November 2006 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision’s Web site.

Summary of recent decisions By Hon. Edward J. Schoenbaum October 2006 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision’s Web site.

Summary of recent decisions September 2006 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision’s Web site.

Summary of recent decisions August 2006 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision’s Web site.

Summary of recent decisions July 2006 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision's Web site.

Summary of recent decisions May 2006 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision's Web site.

Summary of recent decisions April 2006 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision's Web site.

Summary of recent decisions March 2006 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision's Web site.

Summary of recent decisions February 2006 Recent decisions of interest to administrative law practitioners.

Summary of recent decisions January 2006 This summary was prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision's Web site.

Thoughts about conflicts of interest By J.A. Sebastian November 2006 A good friend in another state practices in a highly regulated industry, represents people before the state agency, and has written and lectured extensively in that field.

Two Memorandum Orders by Judge Julia Nowicki July 2006 This matter comes before the Court on Petition of the Plaintiff, Leslie Szklarczyk, for Administrative Review of the revocation of the plaintiff's Illinois Identification Card.

Unintended consequences of ARL amendments snare the unwary By J.A. Sebastian February 2006 Every case is first of all a story, and all stories have a beginning and an ending. Some endings leave you wanting more.

The use of hearsay in contested cases: To be or not to be? By Marc Christopher Loro April 2006 A recent ruling by a judge of the Circuit Court of Cook County raised the question of the extent to which police reports—and other documents which can be considered hearsay—can by relied upon as evidence in contested cases before administrative agencies.

Voice of the Chair: Special bulletin: A laureate award for one of our own By Vickie Gillio February 2006 As Chair of the Administrative Law Section Council this year I am pleased to report that our esteemed newsletter editor Paul Freehling will be honored on April 6, 2006, as one of the ISBA members to receive the distinction of laureate.

Voice of the prior Chair By Vickie Gillio July 2006 It has been my distinct pleasure to serve as Chair for this past year of the Administrative Law Section Council.