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Bench and BarThe newsletter of the ISBA’s Bench & Bar Section Council

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Newsletter articles from 2004

Remarks by Judge Ilana Diamond Rovner, U.S. Court of Appeals for the Seventh Circuit, to the Vanguard Awards Luncheon, January 29, 2004 June 2004 The story I am about to relate is one that I have told many times. I find myself going back to this one because truthfully, I love it.
A Remembrance of Prentice H. Marshall By Thomas P. Sullivan June 2004 It is difficult to do justice in a few sentences to my recollections of Prentice Marshall. We met in the fall of 1954, when I started at the firm now known as Jenner & Block.
Report on the ABA Annual Meeting By Edward J. Schoenbaum December 2004 The 126th Annual Meeting of the American Bar Association was held August 5-10, 2004, at the Georgia World Congress Center in Atlanta, Georgia.
Report on the annual meeting of the American Bar Association House of Delegates By Edward J. Schoenbaum January 2004 At its August 2003 meeting, the ABA House of Delegates approved several measures of significance to the bench and bar in Illinois.
State Court Participation Reaches 200 for CIP October 2004 Williamsburg, VA, February 5, 2004 – Janel Foss, Assistant Director for Administration and Outreach for the Courtroom Information Project (CIP), today announced the participation of the two hundredth state court participant, a milestone in the project’s 25 months of operation.
State of the Court Address-April 15, 2004 By Charles P. Kocoras May 2004 Good afternoon to you all. I want to thank Magistrate Judge Arlander Keys, the officers and all of the members of the Federal Bar Association for inviting me to speak to you today.
Summer of 2004: Legislation of note By J.A. Sebastian October 2004 During the month of July 2004, while the Governor and legislators debated the state's budget, several legislative proposals became effective and their enactment into law may be of interest to members of the bench and bar. The
Supreme court announces interim appointment to appellate court By Joseph Tybor December 2004 The Supreme Court of Illinois has reappointed Judge Clyde L. Kuehn to the Appellate Court of the 5th Judicial District to fill, on a short-term basis, the vacancy created by the departing Gordon S. Maag.
Supreme Court approves collective bargaining for official court reporters By Alfred M. Swanson Jr. October 2004 In an Order filed July 1, 2004, the Illinois Supreme Court voted to recognize Local 1220 of the International Brotherhood of Electrical Workers as the official bargaining representative for official court reporters in the Circuit Court of Cook County.
Supreme Court clarifies contempt for violating supervision in ordinance violation cases By Thomas A. Bruno October 2004 It is a misuse of the contempt power of the court to impose a sentence of incarceration on minor defendants who fail to meet the terms of their court supervision sentences in municipal ordinance violation cases.
The Supreme Court upholds COLA for judges By Charles W. Pacey and Alfred M. Swanson Jr. June 2004 Justice Rarick wrote the unanimous opinion issued May 20, 2004, in Jorgensen, et al. v. Blagojevich, et al., that declared the attempt to eliminate the cost-of-living adjustments to judicial salaries for fiscal years 2003 and 2004 to be unconstitutional.
The terms of an oral settlement agreement witnessed and approved by a judge will be enforceable, notwithstanding the fact that such an oral agreement, absent the judge, would come within the statute of frauds By Ronald S. Davis December 2004 This was the holding in Rose v. Mavrakis, 343 Ill.App.3d 1086, 799 N.E.2d 469 (1st Dist. 2003), PLA den., 207 Ill.2d 27, 807 N.E.2d 982 (2004).
The U.S. Supreme Court reverses itself in Crawford v. Washington By Margaret O’Mara Frossard May 2004 A recent ruling by the U.S. Supreme Court could make it more difficult for prosecutors to use out-of-court statements against defendants at trial. In Crawford v. Washington, ___ U.S. ___, 158 L. Ed. 2d 177, 124 S. Ct. 1354 (2004), in an opinion authored by Justice Scalia, the Court held that testimonial out-of-court statements used against defendants at trial violate the Confrontation Clause of the United States Constitution and are only admissible against a defendant at trial if the witness is unavailable and the defendant had prior opportunity to cross-examine the witness, regardless of the reliability of the statement.