brother. "It was never a question whether or not I would go to college, it was simply expected." While she worked toward her legal career, her brother attained advanced degrees in chemistry and engineering. But Miquelon seems most proud of her brother's decision to abandon his more traditional career in favor of pursuing an artist's life. He is now a published poet and accomplished musician. He seems to exemplify one of her philosophies: "Follow your heart and success will follow."
Miquelon received an undergraduate degree in political science, as well as a double minor in French and Oriental Studies, from the University of Arizona. She earned a law degree from DePaul University, taking most courses at night in order to accommodate her jobs in the Public Defender's Office and as a law clerk. She returned to DePaul to take courses towards a Masters in Taxation, then earned an LLM in taxation from Chicago Kent College of Law. She has also taken classes toward a PhD in Legal History.
After law school Miquelon remained in the Chicago area where she worked for United States District Judge Kocoras, who was then in private practice. She had her own practice for eight years, then joined the Chicago law firm of Keck, Mahin and Cate, where she specialized in white-collar criminal defense work. Next she headed to the east coast to serve as a prosecutor in the Eastern District of New York. Prior to the appointment to her current position, she returned to the Midwest as an Assistant United States Attorney prosecuting high profile white-collar crime in the Southern District of Illinois. When asked to reconcile defending white collar crime with prosecuting it, she extols the virtues of the Constitution. "We have a good system. You don't have to choose a side. Every interest has a right to be vetted. Every interest has a right to be protected. That's just how it works. I'm not a politician and I don't have an opinion about it."
Ms. Miquelon is very family oriented. She asked us about our families and showed us pictures of her two children, daughter Rachel and son Aaron. She jokingly says, "Rachel is 15 going on 34, therefore I am still the village idiot. Aaron is 18 and a freshman at Washington University in pre-law, despite my begging him to go into medicine." On a more serious note, she expresses gratitude about quality time with her children. "I love to find out what makes them tick. I'm so lucky to have such great kids. Not only do I love them, but I also genuinely like them as human beings." Regarding managing the demands of a career and family, Miquelon points out she has always worked and has learned to "fit my life into my children's life." She does not just pay lip service to this idea, but seems to always keep it at the forefront of her mind. Later in the interview, when we asked about future plans, without missing a beat she said, "Well, ... let's see..., there's gymnastics practice and then..." Miquelon reflects that her children's world is "so much bigger than ours was, which can be both good and bad." She credits parochial school as a very positive influence on Rachel and Aaron, as well as family activities, like traveling each year to a different national park. "When I'm not at work, I'm with my kids."
We asked Ms. Miquelon about the challenges of being a female in a male-dominated field, expecting to hear tales of discrimination and repression. Instead, we were exposed to a refreshing way of thinking about women in law. She admitted that when she first began practicing there were plenty of judges who did not think women belonged in the courtroom but says, "Women have distinguished themselves in law. This profession is wide open."
When Miquelon discusses her mentors, the names on the list are all men: Mike Coffield, a Chicago attorney who has represented several famous clients; Dan Webb, a former United States Attorney whom she worked with as a young associate; and Judge Kocoras. She is thankful for their help and influence, saying, "I once asked Mike Coffield how I could pay him back for his help. He told me I could thank him by helping out another young person." Miquelon followed that advice. She has a love for teaching and has taught law students on some level for 20 of the 25 years she has been practicing law. Currently she teaches Litigation Ethics and Trial Advocacy at Washington University. She muses that she has been known to pause during a meeting to answer an e-mail from a frantic law student.
While undoubtedly serving as a role model for women entering the legal profession, Miquelon's own philosophy tends to diverge from the typical feminist rhetoric. When discussing what Miquelon calls "The Fast Track/Slow Track Myth" she quotes Gloria Steinem, "be careful what you ask for, you just might get it." She adds that "women lawyers need a wife." As a woman who rose to be only one of two or three women partners in a 300-lawyer firm, she is surprisingly nonchalant about struggles specific to women. "I never thought doors were closed to women; women hold themselves back. If you want to do good things, think about good things. It's all in what you choose to think about. Pick what you want to do based on what you think is important."
Miquelon graciously minimizes the challenges she faced regarding the delay in her appointment as U.S. Attorney. She dismisses those who opposed her appointment as "disingenuous" and denies that the negative publicity bothered her. "None of it was true so why agonize over it?" In spite of this bravado, she admits it bothered her that her kids had to see it, but added, "really, except for your kids, most things that get you upset really don't matter." Her philosophy is "the only person who keeps you down is you, not what others think of you." When we asked how she developed this attitude, she explained that it was just a realization over time. "I like this getting old. It teaches you not to buy into anyone else's agenda."
Miquelon definitely does not buy into anyone else's agenda, and it is difficult to imagine her as a conformist at any age. Part of her interesting personality stems from attitudes that appear to be inconsistent: She is a female in a male dominated field, yet she does not feel she has been discriminated against because of her gender; she is a single parent who has worked full-time for 25 years, yet she does not feel cheated by time away from her kids; she has defended white-collar crime, yet she now is a foremost prosecutor in the field. She is remarkably unharried while performing a very high-pressure job and raising her children. We asked her how she keeps it all together. Does she meditate? She shared that she is a runner, and running is her meditation, "I can think when I'm running." She does not watch TV, but reads a variety of books. She encouraged us to "Continue to do as much as you can. Don't waste time, and enjoy what you are doing."
By the end of the interview, we believed Miquelon could pursue a career as a motivational speaker. This dynamic, innovative, gracious, and spiritual lady turned our anxiety into excitement and enthusiasm about our future as lawyers. Just before completing the interview, we asked Miquelon if she was ever afraid for her own safety as a result of her high-profile prosecutions. Her immediate "no" was not a surprise after becoming familiar with her unwavering, refreshingly positive outlook. Miriam Miquelon exudes the attitude of "No Fear."
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* Polly Hampton and Judith Hahn are second-year law students at Southern Illinois University School of Law.
The following is the fourth article in a series of articles summarizing pieces of legislation acted upon by the 92nd General Assembly that may be of general interest to government attorneys. (See "Legislative Update" ISBA Standing Committee on Government Lawyers newsletter, April 2002, Vol. 3, No. 3, for a summary of Public Acts 92-178 through 92-521; "Legislative Update" ISBA Standing Committee on Government Lawyers newsletter, August 2002, Vol. 4, No. 1, for a summary of Public Acts 92-522 through 92-583; and "Legislative Update" ISBA Standing Committee on Government Lawyers newsletter, December 2002, Vol. 4, No. 3, for a summary of Public Acts 92-584 through 92-853).
Public Act 92-854 (HB 2058)--Among other things, amends the Solicitation for Charity Act and the Charitable Trust Act to provide for the forfeiture to the State of Illinois of charitable assets used directly or indirectly to further terrorist acts. Amends the Criminal Code of 1961 to provide for the imposition of the death penalty if a murder was committed as a result of or in connection with the offense of terrorism. Permits the State's Attorney, until January 1, 2005, to approve eavesdropping by law enforcement officers who are parties to conversations involving investigations of certain terrorism offenses. Amends the Code of Criminal Procedure of 1963 to permit a court, until January 1, 2005, to issue a search warrant upon sworn oral statements made by telephone or fax if the criminal act relates to terrorism. Provides that DNA specimens shall be taken of persons convicted of the terrorism offenses. Amends the Counties Code to permit Public Defenders to act as attorneys for indigent persons, without fee and appointment by the court, who are in custody during the persons' interrogation regarding first-degree murder for which the death penalty may be imposed and the person has requested advice of counsel. Amends the Criminal Code of 1961 to permit the court to reject a jury's determination that a person convicted of first-degree murder be sentenced to death and to sentence that defendant to life imprisonment. Permits the defendant during the sentencing hearing for first-degree murder to be given the opportunity, personally or through counsel, to make a statement that is not subject to cross-examination. Provides that the death penalty may not be imposed solely on the basis of the testimony of one eyewitness, one accomplice, or one incarcerated informant. Amends the Code of Criminal Procedure of 1963. Permits a defendant to file a motion to compare DNA evidence at trial with the DNA database maintained by the Department of State Police. Provides for post-conviction relief in a capital case when there is newly discovered evidence not available to the person at the time of the proceeding that resulted in his or her conviction and that evidence establishes the person's innocence. Amends the Unified Code of Corrections to establish a procedure to determine whether a person charged with capital murder is mentally retarded and because of that retardation is not fit to be executed. Effective December 12, 2002.
Public Act 92-860 (HB 4074)--Amends the Code of Criminal Procedure of 1963 to define "electronic criminal surveillance officer" to include a retired law enforcement officer who is certified by the Department of State Police to intercept private oral communications. Provides that the Electronic Criminal Surveillance Article of the Code does not authorize a retired law enforcement officer to display or use a firearm at any time. Provides that a retired law enforcement officer may be certified by the Illinois State Police only to: (i) prepare petitions for the authority to intercept private oral communications in accordance with the provisions of the Code of Criminal Procedure of 1963; (ii) intercept and supervise the interception of private oral communications; (iii) handle, safeguard, and use evidence derived from the private oral communications; and (iv) operate and maintain equipment used to intercept private oral communications. Effective January 03, 2003.
Public Act 92-866 (HB 4938)--Among other things, amends the State Records Act to add a legislative policy. Includes "digitized electronic material" and "databases" in the definition of "record." Exempts "blank forms" from the definition of "record." Provides that records created or received by or coming under the authority of or coming into the custody, control, or possession of public officials are public property and may not be destroyed except as provided by law and must be available for public inspection. Deletes the provision that the person in charge of records may require a 24-hour notice before inspection. Deletes the provision allowing access through an affidavit to information that is not defined as "public records" but that is open to the public. Provides requirements for storing electronic records. Provides that the State Archives Board shall also serve as the Illinois State Historical Records Advisory Board and provides requirements for the Board. Repeals sections concerning the confidentiality of foster placement records, arrests, penalties, and agency procedures for record destruction. Allows the State Historian to authorize a representative to serve on the State Records Commission. Effective January 03, 2003.
Public Act 92-872 (SB 1657)--Among other things, amends the Illinois Vehicle Code to provide that a vehicle operated by a voluntary member of a rescue squad or a member of a voluntary ambulance unit may be equipped with flashing white headlights and blue grill lights. Further amends the Illinois Vehicle Code to provide that a driver charged with failing to follow the required procedures when approaching an authorized emergency vehicle with its lights activated must appear in court to answer the charges. Provides that, upon entering a construction or maintenance zone when workers are present, a person shall make a lane change if it is safe to do so or shall reduce speed and proceed with caution if changing lanes would be impossible or unsafe. Provides that a person who violates the provision commits a business offense punishable by a fine of not more than $10,000. Provides that a person charged with the offense must appear in court to answer the charges. Provides that it is a factor in aggravation if the person committed the offense while under the influence of alcohol, drugs, or intoxicating compounds. Provides that the person's driving privileges shall be suspended for 90 days to one year if the violation results in damage to the property of another person, for 180 days to 2 years if the violation results in injury to another person, and for 2 years if the violation results in the death of another person. Provides that the penalties imposed for failing to stop when signaled to do so by a flagger shall be in addition to any penalties imposed for failure to observe proper procedures on entering the construction or maintenance zone. Provides that the provisions of the amendatory Act are severable. Effective January 03, 2003.
Public Act 92-873 (SB 1701)--Among other things, creates the Elevator Safety and Regulation Act to be administered by the Office of the State Fire Marshal and the Elevator Safety Review Board. Requires licensure of elevator contractors, elevator mechanics, and elevator inspectors and registration of existing elevators, platform lifts, escalators, moving walks, and other conveyances. Requires compliance with State fire prevention and building code laws. Requires permits for erection, construction, installation, or alteration of conveyances. Authorizes municipalities and counties to inspect, license or otherwise regulate elevators and described devices consistent with the Act. Provides that fees and fines collected pursuant to the Act shall be used for the duties and administration of the Act. Effective January 03, 2003.
Public Act 92-879 (HB 2277)--Among other things, amends the Local Government Debt Reform Act to provide that required notices are sufficient if they appear above the name or title of the person required to give the notices. Further provides that notice to governing bodies or the news media may be given by fax or e-mail. Allows a governmental unit to transfer interest earned on moneys not designated for certain purposes to the governmental unit's fund that is most in need of the interest. Provides that a governmental unit must, in addition to other amounts, collect enough revenue to pay 1.10 (was, 1.25) times debt service if the revenue source is a governmental revenue source. Defines "governmental revenue source." In the provisions concerning the form of a proposition for school district bonds, provides that the proposition may include additional language if the school district expects to receive a school construction grant from the State of Illinois (now, has received a grant entitlement from the Illinois State Board of Education). Effective January 13, 2003.
Public Act 92-885 (SB 2023)--Amends the State Finance Act to provide that the State Treasurer is authorized to make transfers among line item appropriations from the Capital Litigation Trust Fund, with respect to costs incurred in fiscal years 2002 and 2003 only, when the balance remaining in one or more such line item appropriations is insufficient for the purpose for which the appropriation was made, provided that no such transfer may be made unless the amount transferred is no longer required for the purpose for which that appropriation was made. Provides that, with respect to costs incurred in fiscal years 2002 and 2003 only, payments may be made by the State Treasurer from appropriations from the Capital Litigation Trust Fund without regard to any fiscal year limitations. Effective January 13, 2003.
SB 1756--Amended the Open Meetings Act to require that if a public body has a Web site, and the staff of the public body maintains that Web site, then the public body must post meeting notices, agendas, and minutes on that website 48 hours before the meeting. Governor Ryan vetoed this bill on August 2, 2002. In his veto message, Governor Ryan indicated that numerous local officials and units of local government had expressed concerns regarding the legislation. One concern expressed was that the proposed legislation would cause an undue financial burden on public bodies because they would have to invest considerable time and additional resources to meet the mandate. Another concern was that some of the provisions were vague. Believing that units of local government should provide the information on their own volition but not be mandated by the State to do it, the Governor vetoed the bill. On November 20, 2002, the Senate voted to override the veto by a vote of 37-9. On December 4, 2002, the House voted on the override; the motion to override the veto was defeated by a vote of 18-97. The bill is dead for purposes of the 92nd General Assembly.
[Editors' note: In the August 2002 issue of the Committee on Government Lawyer newsletter, we published an article addressing the appearance of non-attorneys in hearings before State administrative bodies. (See, "Unauthorized practice of law in administrative hearings" by Claire Manning and Richard R. McGill, Jr.) Subsequently, Attorney General Jim Ryan's office issued an informal opinion regarding the appearance of attorneys licensed in other states in Illinois administrative proceedings. Because of the potential ramifications of the conclusions reached by Attorney General Ryan's office, the complete text of informal opinion No. I-02-049, issued October 8, 2002, to Nathan Maddox of the Office of the Secretary of State is set out below.]
Dear Mr. Maddox:
I have your letter wherein you inquire whether, pursuant to a duly promulgated administrative regulation, administrative hearing officers appointed by the Secretary of State may permit attorneys licensed in States other than Illinois to appear and represent clients in matters pending before them. Because of the nature of your inquiry, I do not believe that the issuance of an official opinion is necessary. I will, however, comment informally upon the question you have raised.
You have stated that there is currently pending in your office a matter involving litigants from California, Wisconsin and Illinois. Attorneys from California and Wisconsin have sought leave to appear before a hearing officer pursuant to 92 Ill. Adm. Code 1001.30 (Jan. 1, 2002), which provides, in part:
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1) Attorneys admitted to practice in states other than the State of Illinois may appear and be heard by special leave of the Hearing Officer appointed to conduct the hearing, upon the attorney's verbal representations or written documentation as to the attorney's admittance.
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However, questions have been raised regarding the validity of the rule.
The question of whether an administrative agency may authorize a person who is not licensed as an attorney in Illinois to practice law before it was addressed by the Illinois Supreme Court in People ex rel. The Chicago Bar Ass'n v. Goodman (1937), 366 Ill. 346, 352, cert. denied, 302 U.S. 728, 58 S. Ct. 49 (1937). The defendant in that case engaged in a rather extensive business of assisting injured workers with the adjustment of claims before the Illinois Industrial Commission. The court stated:
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* * * The respondent urges that because the legislative act relating to the Industrial Commission grants to that body the right to promulgate rules governing the procedure before it, and the commission has adopted a rule permitting a party to appear before it by his attorney or 'agent,' that he, as agent of the claimant, may lawfully appear before the commission as the representative of the client and try his claim there. Even though the Industrial Commission is merely an administrative body, yet, if what the respondent did for a fee, in the presentation of and hearing of a petitioner's claim before that body, amounted to the practice of law, a rule of the commission purporting to grant him that privilege is of no avail to him. The General Assembly has no authority to grant a layman the right to practice law. (Citation). It follows that any rule adopted by the commission, purporting to bestow such privilege upon one not a duly licensed attorney at law, is void. Nor can the General Assembly lawfully declare not to be the practice of law, those activities the performance of which the judicial department may determine is the practice of law.
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Our appellate court acknowledged the general rule in Perto v. Board of Review (1995), 274 Ill. App. 3d 485, 493, appeal denied, 164 Ill. 2d 581 (1995), while holding that a person who responded to factual questions on behalf of an employer in a proceeding before the Department of Employment Security was not engaged in the practice of law. The Illinois Supreme Court reiterated the rule that it has exclusive power to determine who shall be permitted to practice law in Illinois in Lozoff v. Shore Heights, Ltd. (1977), 66 Ill. 2d 398, 401. In that case, a Wisconsin attorney arranged a real estate transaction among parties who were residents of Illinois. The court held that the attorney had engaged in the unauthorized practice of law in Illinois and was not entitled to attorney's fees.
It has been suggested that Supreme Court Rule 707 (145 Ill. 2d R. 707) may authorize the Secretary of State (through his hearing officers) to permit the appearance in particular administrative matters of attorneys who are licensed in other States. Rule 707 provides:
"Anything in these rules to the contrary notwithstanding, an attorney and counselor-at-law from any other jurisdiction in the United States, or foreign country, may in the discretion of any court of this State be permitted to participate before the court in the trial or argument of any particular cause in which, for the time being, he or she is employed."
This is a rule by which the supreme court specifically empowers Illinois courts to permit the participation of attorneys who are licensed in other jurisdictions. The rule does not refer to proceedings held before administrative agencies, or conducted by officers of the executive branch of government. In no reported case has the rule been applied to administrative hearing officers, who look to the legislature, not to the court, for authority to act. To the contrary, the supreme court has held in People ex rel. The Chicago Bar Ass'n v. Goodman and Lozoff v. Shore Heights, Ltd. that the General Assembly has no authority to regulate the practice of law.
In this regard, I note that section 12 of the Attorney Act (705 ILCS 201/12 (West 2000)) provides:
"When any counselor or attorney at law, residing in any other state or territory, may desire to practice law in this state, such counselor or attorney shall be allowed to practice in the several courts in this state upon the same terms and in the same manner that counselors and attorneys at law residing in this state now are or hereafter may be admitted to practice law in such other state or territory."
The provision is essentially a reciprocity rule applying only to practice in the courts. In any event, the legislative provision is merely in aid of and does not detract from the power of the supreme court to control the practice of law. (Lozoff v. Shore Heights, Ltd. (1977), 66 Ill. 2d 398, 402; Perto v. Board of Review (1995), 274 Ill. App. 3d 485, 493, appeal denied, 164 Ill. 2d 581 (1995).) The statute does not authorize administrative agencies to permit attorneys licensed in other States to practice law in Illinois.