Public Act 92-820 (SB 1880) - Amends the Illinois Vehicle Code to provide that a vehicle owned by any security company alarm responder, or control agency (as well as a vehicle owned by a security company, alarm responder, or control agency bound by a contract with a federal, State, or local government to use those lights) may use amber oscillating, rotating or flashing lights. Further amends the Code to provide that an amber oscillating, rotating or flashing light may be installed on a propane delivery truck. Effective August 21, 2002.
Public Act 92-830 (HB 136) - Amends the Criminal Code of 1961 to create the offense of conspiracy against civil rights. Provides that a person commits this offense when, without legal justification, he or she, with the intent to interfere with the free exercise of any right or privilege secured to the person by the Constitution of the United States, the Constitution of the State of Illinois, the laws of the United States, or the laws of the State of Illinois by any person or persons, agrees with another to inflict physical harm on any other person or the threat of physical harm on any other person and either the accused or a co-conspirator has committed any act in furtherance of that agreement. Provides that this offense is a Class 4 felony for a first offense and a Class 2 felony for a second or subsequent offense. Provides that the offense of hate crime is a Class 3 felony for a first offense and a Class 2 felony for a second or subsequent offense if committed in certain places. Provides for prosecution of hate crime and institutional vandalism regardless of the existence of any other motivating factors. Provides that the offense of institutional vandalism is a Class 2 felony for a second or subsequent offense. Effective January 1, 2003.
Public Act 92-832 (HB 4117) - Amends the Silent Reflection Act by changing the short title of the Act to the Silent Reflection and Student Prayer Act. Allows a student in the public schools to voluntarily engage in individually initiated, non-disruptive prayer that is not sponsored, promoted, or endorsed in any manner by the school or any school employee. Effective January 1, 2003.
Public Act 92-842 (SB 2130) - Amends the Illinois State Agency Historic Resources Preservation Act. Requires that the Historic Preservation Agency (i) manage and control the preservation, conservation, inventory, and analysis of the art, furnishings, and artifacts of the Executive Mansion in Springfield, the Hayes House in DuQuoin, and the Governor's offices in the Capitol and in the James R. Thompson Center in Chicago; and (ii) manage the preservation and conservation of the buildings and grounds of the Executive Mansion. Requires that the Governor, with the advice and consent of the Senate, appoint a Curator of the Executive Mansion to assist in these duties. Effective August 22, 2002.
Public Act 92-853 (HB 4680) - Amends the State Gift Ban Act. Removes the exemption for gifts of nominal value. Exempts gifts from one source during a calendar year of a cumulative total value of less than $100. Amends the Election Code. Provides that a political candidate may not knowingly receive any contribution solicited or received in violation of certain sections of the Criminal Code of 1961 that prohibit solicitation misconduct for State and local government officials. Provides that the knowing receipt of these contributions constitutes a Class A misdemeanor. Amends the Criminal Code of 1961. Creates the offenses of solicitation misconduct (state government) and solicitation misconduct (local government). Prohibits certain state and local government employees from knowingly soliciting or receiving contributions from a person engaged in a business or activity over which the employee has regulatory authority. Provides that an employee who commits solicitation misconduct forfeits his or her employment. Provides that solicitation misconduct is a Class A misdemeanor. Provides relief for employees who are discriminated against for enforcing the provisions against solicitation misconduct. Provides that a person who files a false report regarding solicitation misconduct is guilty of a Class C misdemeanor. Effective August 28, 2002.
By Trisha Crowley, Champaign
Lawyers working for government agencies are frequently affected by the biennial or quadrennial election process. As incumbent officials retire or are defeated, new officials are elected. The impacts are frequently felt in the mid and upper levels of management where government lawyers work. The purpose of this article is to provide some information about that frightening prospect.
Looking for a new job should always start with a self-assessment process. This is the process of determining what it is that you like and want to do. This self-assessment should begin before you look for jobs because it is a great help in determining where to look and in evaluating opportunities. You may not have the time or inclination to do this once a situation presents itself. What makes me dread going to work? What kind of projects have gotten really good feedback? These kinds of assessments are critical because few people do a good job with something they hate, even if it is a promotion or step-up. Many of the general job search books start off with chapters that guide you through a self-assessment. There are also specific books for lawyers. One of the best is What Can You Do With a Law Degree? By Deborah Arron. Some general books are What Color is Your Parachute? And Wishcraft.
So now that you know what to do and you have evaluated your present skills, what's next?
Network, network, network. It is obvious, but it works. This is particularly true in Illinois state government jobs. These jobs are not widely advertised or posted on the Web. Central Management Services (CMS) does not post job opportunities on its Web site. Some agencies do post their job openings on their Web sites, so thorough checking can help. For example, vacancies for both Springfield and Chicago positions in the Illinois Attorney General's office can be found at <http://www.ag.state.il.us/>. Surf the Web for other opportunities.
CMS does maintain a list of vacant positions, which can be viewed at their application locations. These locations are available on their Web site. Applications must be made for specific job openings. Except to a very limited degree, CMS does not maintain applications "on file." CMS maintains four job positions which specifically require a law degree: two Hearing Referee positions and two Technical Advisor positions. There are 220 active positions within these job titles. (Sorry, most are filled). Many senior attorney positions, such as General Counsel, are officially designated as Public Service Administrator, or Senior Public Service Administrator. These broad job descriptions cover many legal and non-legal positions.
The best way to determine openings in state jobs, however, is not through CMS but through contacts at the individual agencies. Although jobs may not be posted on agency Web sites, such sites are important to review to acquire as much information as possible about the working environment.
The best way to find out where the jobs are is to talk to all the contacts you have. How do you go about networking? One traditional way, of course, is to know someone with clout and follow up that advantage with a request for help. If you do not know someone who might be able to help get you a job, do you know someone who does know these people? Now is not the time to be shy. But assuming you are not blessed with this kind of situation, what is the next thing to do? Take a look at your present work. Do you have contacts with people in other agencies? Have there been people in the past who have indicated that they respect your work? These are the people to contact, and let them know that you are looking for a new job. You might even consider a position that generates this kind of contact. Many positions in the Attorney General's Office, for instance, have a wide variety of contacts with state agencies, which can open up opportunities. The networking process is not about who you know but who you get to know. AIR--advice, information, referral. Call a person you know, and first establish that you are not asking them for a job, but because of their position, knowledge, etc., you are asking for advice on getting a job. Ask whether they know of any openings (information) or names of people who might know of openings (referrals). Then, call the referrals and start the process again.
Another place to start is through the professional organizations that you belong to. Ethnic bar associations and committees of the Illinois State Bar Association can provide a variety of contacts to provide information about openings in places that you might be aware. Becoming active before you are actually looking for a job is always helpful. The ISBA's Committee on Government Lawyers is a great way to meet people in a variety of jobs across the state and will always be eager to welcome new active participants. Networking does not have to be painful. Active participation in bar association activities provides substantive information and adds to your resume, as well as provides contacts. You can formally apply to become a member of the Committee on Government Lawyers by making application to the ISBA by January 1, 2003. Appointments will be made in the early spring by Terrence Lavin, ISBA President-Elect. Making your interest known to a member of the Committee beforehand is a great boost.
Prosecutor and public defender jobs are more publicly advertised. Your law school placement office is probably the best place to find these vacancies. Check the school's Web site, though you may need to contact the placement office for a password. Many municipal positions are also advertised as a matter of policy by that governmental unit. The ISBA Bar Journal and ISBA Bar News are two good places to look for these vacancies.
More and more employers are using the Internet to post vacancies if wide notice of the position's opening is part of the public agency's policy. The ISBA Web site has a career center which is powered by Legalstaff.com. This Web site connects to a legal career center network that stretches across the entire nation, and is associated with more than 53 bar associations. Unlike general Internet job sites, Legalstaff.com focuses solely on legal jobs, both attorney and support staff. Posting for job seekers is free, and can be either confidential or open. This site also has a free feature where new postings which match your preferences are e-mailed to you every night. Although Illinois state government does not use the site, the staff indicates that other state governments, especially California and Arizona, use the site quite a bit for filling attorney positions.
Another avenue is to contact your law school placement office. Placement offices offer services not just to graduating students, but to alums as well. The University of Illinois Placement Office, for instance, can provide guidance to many Web sites, both free and paid. The U of I can provide passwords to access for-pay databases for job searches. It can also direct you to free Web sites which are good for job searches, such as federal government Web sites. Therefore, do not overlook this resource if you are looking for a new job. The U of I Placement Office indicated that it has had some postings from state government and has placed approximately 10 percent of its graduates each year in state government.
Once you know what kind of job you want, the repeated advice from everyone knowledgeable in the process is to go out and network. You might keep in mind that a reception for government lawyers will be held in conjunction with the ISBA Midyear Meeting in December in Chicago. The reception will be held on Wednesday, December 11th from 4:30 to 6:30 p.m. at the ISBA's Chicago Regional Office, 20 South Clark Street, Suite 900, Chicago.
The American Bar Association's Standing Committee on Lawyers' Professional Liability is sponsoring the 2003 Levit Essay Contest for young lawyers and law students who are members of the ABA. The prize for winning this contest is a $5,000 cash award plus an all-expense-paid trip to attend the Spring 2003 National Legal Malpractice Conference in New Orleans, LA on April 23-25, 2003. Submission deadline is January 15, 2003. For complete contest information, including topic, hypothetical, contest rules, and eligibility requirements go to: <http://www.abanet.org/legalservices/lpl/levit.html>, or contact Edna Driver at 312/988- 5763 or via email at <drivere@staff.abanet.org>.
Washington University School of Law's 2002-2003 Public Interest Law Speakers Series will feature the Honorable Dennis W. Archer, President-elect of the American Bar Association on Wednesday, January 22, 2003. Mr. Archer will discuss, "The Value of Diversity: What the Legal Profession Must Do to Stay Ahead of the Curve" at 11:00 a.m. at the Anheuser-Busch Hall. As part of this same series, on Wednesday, January 29, 2003, at 11:00 a.m. in the Anheuser-Busch Hall, Author Scott Turow will lead a panel discussion entitled, "Where Have You Gone, Perry Mason?" On Wednesday, February 12, 2003, at 11:00 a.m. in the Anheuser-Busch Hall, Chai R. Feldblum, Director of the Federal Legislation Clinic at Georgetown University Law Center, will make a presentation entitled, "Rectifying the Tilt: Equality Lessons from Religion, Disability, Sexual Orientation and Transgender." The Honorable Thelton Henderson, Senior Judge for the United States District Court, Northern District of California will address "Social Change, Judicial Activism, and the Public Interest Laywer" at a program to be presented on Wednesday, February 19, 2003, at 11:00 a.m. at the Anheuser-Busch Hall. For more information, call 314/935-4958 or visit the Web site at <http://law.wustl.edu>.
Administrative law
Southern & Central Illinois Laborers' District Council v. Illinois Health Facilities Planning Board, 331 Ill. App. 3d 1112 (5th District, July 1, 2002). The circuit court did not err when it denied defendant's motion to transfer venue in a mandamus action seeking to compel defendant agency to comply with the provisions of the Administrative Procedure Act with regard to a union complaint that "the hospital had failed to comply with the conditions of its construction permit relating to local union issues." Pursuant to section 2-103(a) of the Code of Civil Procedure (735 ILCS 5/2-103(a) (West 2000)), actions must be brought against a public, municipal, governmental, or quasi-municipal corporation in the county in which its principal office is located or in the county in which the transaction giving rise to the cause of action arose. Venue may properly lie in more than one jurisdiction. Because defendant is a State governmental agency venue would have been proper in Sangamon or Cook County. Defendant, however, did not satisfy its burden of showing that the transaction which gave rise to the action did not occur in Williamson County and that the selection of venue in Williamson County was improper.
JMH Properties, Inc. v. Industrial Comm'n., 332 Ill. App. 3d 831 (4th District, July 9, 2002). The Industrial Commission acted outside its statutory authority when it pierced plaintiff's corporate veil and allowed claimant to enforce his workers' compensation award against plaintiff's officers, directors and shareholders. Piercing the corporate veil is an equitable remedy. The Commission does not have the authority to grant equitable relief.
Nudell v. Forest Preserve District, No. 1-00-3220 (1st District, August 19, 2002). The circuit court lacked subject matter jurisdiction to hear the administrative review complaint filed by an employee of a forest preserve district because it was filed more than 35 days after service of the administrative decision was deposited in the United States mail addressed to the attorney for employee. The 35-day period provided in section 3-103 of the Administrative Review Law (735 ILCS 5/3-103 (West 1998)) commenced when the decision was deposited in the United States mail.
Luchesi v. Retirement Board of the Firemen's Annuity & Benefit Fund, No. 1-01-1195 (1st District, August 19, 2002). The trial court correctly found that the decision of defendant board to deny duty disability benefits because of claimant's failure to attend physical therapy was against the manifest weight of the evidence. Board physician unequivocally opined that claimant suffered work related injury causing his inability to perform work duties; record contains no evidence that, but for refusal to attend therapy, claimant would be able to return to work. Nothing in the language of the pertinent provisions of the Illinois Pension Code authorizes the board to reduce or suspend benefits payable to a claimant who unreasonably refuses medical treatment that might improve his condition.
Bagnola v. Smithkline Beecham Clinical Laboratories, No. 1-00-0224 (1st District, August 23, 2002). Because the earlier administrative review of plaintiff's termination from the police department, based upon positive test results of two urine specimens for cocaine, involved the same group of operative facts as the current claim for spoliation of evidence based upon destruction of the urine specimens, res judicata and collateral estoppel bar plaintiff's subsequent complaint for spoliation against the laboratory and the city of Chicago in privity with it. Therefore, defendants were entitled to summary judgment.
Hwang v. Illinois Department of Public Aid, No. 1-01-2992 (1st District, August 30, 2002). Plaintiff was properly terminated as a provider in the Department of Public Aid's Illinois Medical Assistance Program (305 ILCS 5/5-1 et seq. (West 2000)) for failure to provide the Department with the opportunity to inspect his medical records. Plaintiff received proper notice in accordance with the provisions of section 104.230 of the Administrative Code (89 Ill. Adm. Code ''104.230 (West 2000)), after he was served at three addresses by certified mail with notice of his right to request a hearing to contest termination of his certificate and of the entry of an order of default after he failed to request a hearing. On review, plaintiff is precluded from raising any issues other than subject matter or personal jurisdiction.
Trettenero v. Police Pension Fund of the City of Aurora, No. 2-01-0544 (2d District, September 5, 2002). The decision of the board of the police pension fund to terminate plaintiff's not-on-duty disability pension, because it found that plaintiff was no longer disabled based on the opinion of one out of three medical experts, was not against the manifest weight of the evidence. Moreover, it does not violate the constitution for the Illinois Pension Code to require that the plaintiff present more medical documentation of her disability in order to qualify for pension benefits initially than the board was required to present in order to terminate her pension.
Minifee v. Doherty, No. 1-01-3670 (1st District, September 13, 2002). The trial court erroneously concluded that the Department of Employment Security's regulation 2920.75(d) (56 Ill. Adm. Code '2920.75(d) (2000)) was invalid and reversed the Department's decision regarding plaintiff's claim for unemployment benefits. The regulation, dealing with the allocation of lump-sum retirement benefits as disqualifying income, is a reasonable interpretation of section 611(B) of the Unemployment Insurance Act (820 ILCS 405/611(B) (West 2000)) and is not arbitrary or capricious.
Pierce v. Illinois Educational Labor Relations Board, No. 1-01-2076 (1st District, September 23, 2002). Petitioner's appeal from a decision of the Illinois Educational Labor Relations Board must be dismissed for lack of subject matter jurisdiction because petitioner failed to file his exceptions to the recommended decision of the administrative law judge within the 21-day deadline prescribed by the Board's regulations (80 Ill. Adm. Code '1105.220 (1991)).
Civil procedure
Sarkissian v. Chicago Board of Education, 201 Ill. 2d 95 (July 3, 2002). The appellate court had jurisdiction to consider the Board of Education's motion seeking relief from a final judgment, brought more than 30 days from the judgment's entry under section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2000)). Further, the trial court erred when it found that it lacked personal jurisdiction based upon service of summons on the receptionist of the Board's law department pursuant to the provisions of section 2-211 of the Code of Civil Procedure (735 ILCS 5/2-211 (West 2000)). The Board's president had delegated authority to accept service to a receptionist in the Board's law department; the Board put into place an alternate means of accepting service of process to facilitate the orderly administration of the Board's business.
Marion Hospital Corp. v. Illinois Health Facilities Planning Board, No. 91426, 91479 cons. (September 19, 2002). Because appellant failed to obtain a stay of the Health Facilities Planning Board's decision to grant a permit to construct a "limited specialty orthopedic ambulatory surgical treatment center," and the facility was built and completed prior to the issuance of the appellate court opinion, the matter became moot. The appellate court should have dismissed the appeal as moot.
Lake County Riverboat L.P. v. Illinois Gaming Board, 332 Ill. App. 3d 127 (1st District, June 28, 2002). Plaintiff lacks standing to challenge the constitutionality of the 1999 amendments made to section 11.2 of the Riverboat Gambling Act, which allowed the riverboat gambling license issued to Emerald Casino, Inc., to be relocated anywhere in the state, because plaintiff could never have obtained the reissued license to locate a gambling boat on the Fox River prior to the amendment of the statute. Emerald's license was limited to the Mississippi River. Therefore, plaintiff suffered no direct injury by the enforcement of the challenged statute.
American Federation of State, County, and Municipal Employees, Council 31 v. Ryan, 332 Ill. App. 3d 866 (4th District, July 10, 2002). Only the State and its agencies have standing to seek injunctive relief to enforce compliance with the provisions of the Health Facilities Planning Act. Therefore, the trial court exceeded its authority when entering a temporary restraining order at the request of plaintiff (union, employees, legislators and patients) to enjoin the State from closing Lincoln Developmental Center without first obtaining a permit from the Health Facilities Planning Board.
Illinois Licensed Beverage Assoc. v. Advanta Leasing Services, No. 4-01-0998 (4th District, July 26, 2002). Motion for substitution of judge as of right under section 2-1001(a)(2)(ii) of the Code of Civil Procedure (735 ILCS 5/2-1001(a)(2)(ii) (West 2000)) was timely filed despite previous entry of preliminary injunction order, because trial court lacked jurisdiction when it entered preliminary injunction order, thus making it void and a nullity.
Constitutional law
Lyons v. Ryan, No. 92503 (September 19, 2002). Plaintiffs, private citizens, lack standing to recover for Illinois taxpayers funds alleged to have been received illegally by officers and employees of the Secretary of State's office. The real party in interest is the State of Illinois, and the Attorney General possesses the exclusive constitutional power and prerogative to conduct the state's legal affairs. Thus, to the extent that section 20-104(b) of Code of Civil Procedure (735 ILCS 5/20-104(b) (West 1998)) purports to confer standing on private citizens to sue in cases where the state is the real party in interest, it is unconstitutional.
Stroger v. Regional Transportation Authority, No. 92473 (September 19, 2002). Legislation creating the Regional Transportation Authority (RTA) and setting forth procedures for the appointment of the boards of directors of RTA, METRA and PACE by the mayor of the city of Chicago and by members of the Cook County Board from specified districts, the residents of which are primarily outside of the city of Chicago, does not violate the Illinois Constitution's "one person, one vote" principle or separation of powers provisions. The General Assembly had authority to create the various boards and set forth a mechanism for appointment of members on a rational basis. The Illinois Constitution does not confer on the president of the Cook County Board any specific powers. Therefore, the Regional Transportation Authority Act does not deprive the president of the Cook County Board of any inherent appointment powers.
Criminal law
Appeals
People v. Kolzow, 332 Ill. App. 3d 457 (1st District, June 28, 2002). The filing of a notice of appeal transfers jurisdiction to the appellate court instanter and simultaneously divests the trial court of jurisdiction to enter additional orders of substance in a case. In the instant case, the trial court entered an order denying defendant's motion seeking early release but allowing her to remain free on bond pending the outcome of her appeal of that order. Plaintiff subsequently filed a notice of appeal indicating her intent to appeal that order. The filing of this notice of appeal operated to transfer jurisdiction to the appellate court and to divest the trial court of jurisdiction to enter any additional orders of substance. Because notice of appeal divested trial court with authority to adjudicate matters relating to defendant's probation, trial court lacked jurisdiction to enter order terminating defendant's probation while case was pending on appeal. The trial court's order denying defendant's motion to bar her incarceration is affirmed.
People v. White, No. 2-01-0481 (2d District, September 5, 2002). Supreme Court Rule 606(b) requires that a notice of appeal in a criminal case be filed with the clerk of the circuit court within 30 days after the entry of the final judgment appealed from. Although defendant's notice of appeal was initially mailed to the appellate court instead of the circuit court