Amends the Elder Abuse and Neglect Act. Extends the list of mandated reporters of elder abuse to bankers and lawyers. Provides that professionals who are mandated reporters who willfully fail to report suspected elder abuse shall be referred to the appropriate professional disciplinary board and that other mandated reporters who willfully fail to report are guilty of a misdemeanor.
HB-0634
Amends the Open Meetings Act. Provides that, for the purposes of the Act, "public body" does not include a Metropolitan Enforcement Group (MEG) Policy Board or any combination of law enforcement agencies established to enforce the penal laws of the state.
HB-0716
Amends the Legislative Information System Act. Requires the Legislative Information System to make roll call votes, transcripts of debates, and audio streams controlled by the Clerk of the House and the Secretary of the Senate available to the public in electronic form. Provides that the audio streams must be made available uninterrupted and digitally recordable on the World Wide Web. Amends the General Assembly Organization Act. Makes it a Class 4 felony to (i) knowingly and without lawful authority interfere with computerized data of the legislative branch or (ii) knowingly and with malicious intent falsify copies of legislative information made available to the public.
HB-0888
Amends the Code of Criminal Procedure of 1963. Provides that the state's attorney may designate a person to authorize an application to a circuit judge or an associate judge assigned by the Chief Judge of the circuit for use of an eavesdropping device by a law enforcement officer or agency. Provides that the order for use of an eavesdropping device may not be for more than 30 (now 10) days and an extension no more than 30 (now 10) days each. Provides that no later than 160 (now 90) days after the filing of the application for an order of authorization or approval that is denied or not later than 160 (now 90) days after the termination of the period of an order or extension of the order, the judge issuing or denying the issuance of the eavesdropping order shall cause to be served on the persons overheard during the period of (rather than named in) the order or application a notice of the transaction involving any requested or completed use of the eavesdropping device.
HB-0913
Amends the Illinois Public Labor Relations Act. Provides that no employee may be considered a "managerial employee" because (i) he or she belongs to a classification of employees to whom executive and management functions may be delegated or (ii) he or she performs professional duties. Provides that in determining an employee's status the labor board shall consider the employee's actual job duties and responsibilities and the extent to which the employee has actual authority concerning the overall operations and governance of the employee's office or workplace.
HB-1029
Amends the Freedom of Information Act, the State Records Act, the Department of State Police Law of the Civil Administrative Code of Illinois, the Local Records Act, the Campus Security Act, the Illinois Vehicle Code, and the Code of Civil Procedure. Specifies that references to news media include print and electronic format newspapers, periodicals, and news services and include television networks.
711 means more than just a quick cup of coffee
By Sheila Simon, Carbondale
What government lawyer doesn't need a little extra help now and then? And wouldn't it be great to encourage more young lawyers to consider public service careers? Tackle both problems by using the services of a senior law student.
Law students who have completed three-fifths of the credits required for graduation, which means most third-year students, may engage in a limited practice of law under Illinois Supreme Court Rule 711. The student must be in good standing at his or her law school. Law graduates who have not yet been able to take the bar, or who are awaiting the results of the bar or are waiting to be sworn in may also practice under Rule 711(a).
The 711 students may work in a legal aid office, a public defender's office, or in a law office of the State of Illinois or any of its subdivisions. ( S. Ct. Rule 711(b).)
The services a 711 can perform under the supervision of a licensed attorney are very broad. The student may counsel clients, negotiate settlements and prepare documents. (S. Ct. Rule 711(c)(1).) Documents filed in court may be signed by the student whose status must be noted, and the supervising attorney must also sign the document.
The students are permitted to make court appearances. In cases where imprisonment is possible, the student may participate as an assistant to the supervising attorney in pretrial, trial and post-trial proceedings. (S. Ct. Rule 711(c)(2)(ii).) In criminal cases where imprisonment is not a possibility, the student may conduct pretrial, trial and post-trial proceedings with or without the presence of the supervisory attorney. (S. Ct. Rule 711(c)(2)(iii).) A 711 student may also prepare documents to be filed in appellate courts, noting the status of the student, with the papers filed in the name of the supervisory attorney.
Using a 711 student can be a great asset to the supervising attorney. "Without the 711 students we would be representing fewer clients, especially after funding reductions forced us to lay off permanent staff in 1995," noted Michael Fiello, Directing Attorney of the Murphysboro office of Land of Lincoln Legal Assistance. Fiello also noted that he has generally been very impressed with the quality of the students who have worked with him. Students get to experience the rewards of public service, which can have a long term impact. Fiello started his law career as a 711 student working in the Champaign office of Land of Lincoln Legal Assistance.
Law students or graduates can be paid for their services, but many have the opportunity to work for school credit. Supervising a student who is working for credit will likely involve some extra work for the supervisor. But according to Carbondale's Assistant City Attorney Deborah Nelson, the time spent working with 711 students is a good investment. Nelson trains the 711 students who work with her to handle cases in city court. "It takes additional time in the beginning only. Later it makes my job easier." Nelson also assigns students to various short term research projects. For an overall evaluation of 711 students, Nelson stated, "We want them whenever we can get them."
To find out more about availability of law students from Illinois law schools contact any or all of the following:
Chicago-Kent College of Law
565 W. Adams St.
Chicago, IL 60661
(312) 906-5000
DePaul University College of Law
25 E. Jackson Blvd
Chicago, IL 60604
(312) 362-8701
John Marshall School of Law
315 S. Plymouth Court
Chicago, IL 60604
(312) 427-2737
Loyola University, Chicago School of Law
One E. Pearson St.
Chicago, IL 60611
(312) 915-7120
Northern Illinois University, College of Law
Swen Parson Hall
Normal Road
DeKalb, IL 60115
(815) 753-1420
Northwestern University, School of Law
357 E. Chicago Ave.
Chicago, IL 60611
(312) 503-8649
Southern Illinois University, School of Law
Lesar Law Building
Carbondale, IL 62901
(618) 536-7711
University of Chicago, Law School
1111 E 60th St.
Chicago, IL 60637
(312) 702-9494
University of Illinois, College of Law
209 Law Building
504 E. Pennsylvania Ave.
Champaign, IL 61820
(217) 333-0931
Someone you should know: Madalyn Maxwell
By Katie Williams, Champaign
The year 2001 marks a milestone in Madalyn Maxwell's already amazing life. Fifty years ago, Ms. Maxwell, an Assistant Attorney General and the Chief of the Public Aid Bureau for the State of Illinois, was admitted to the Illinois Bar. Two years later, she joined the Illinois Attorney General's office in Springfield and, with the exception of one year, has remained with that office since 1953. An amazing feat for anyone, even more so for a woman that grew up in a time when women did not hold jobs, let alone obtain a law degree.
What may make Ms. Maxwell's story even more significant are the people who influenced her life. Her father, Ralph Maxwell, "came up kind of hard," losing both his parents at a very young age. Ms. Maxwell explained that he was essentially raised by his Grandmother Maxwell. Shortly after Ms. Maxwell was born, things changed dramatically for the family. Madalyn's Grandfather House, her mother's father and a lawyer, was very fond of Ralph. Having a strong understanding of the importance of education, Grandfather House offered to help Ralph attend college. So, with only an 8th grade education, Ms. Maxwell's father packed up his family and moved from Nashville, Illinois to Urbana, Illinois. Ms. Maxwell was only one and a half years old when her father began to pursue his law degree at the University of Illinois at Urbana-Champaign.
"At some point in time my father said to my mother, 'Here we are in a college town, and you ought to be doing this too.'" So, Ms. Maxwell's mother earned her bachelor's degree in Psychology from the University of Illinois as well. "My father always said that I was the prime example of my mother's psychology course," she remembered with a laugh. After graduating in 1932, her father began a successful law career that eventually led to his appointment to the Illinois Supreme Court in 1951.
Ms. Maxwell obviously cannot credit only one person as her greatest influence. She acknowledges her parents as well as her Grandfather House as her sources of inspiration. "My Grandfather House was one of those larger-than-life figures. He was the family folk hero," she explained. He grew up on a "dirt scrabble farm," and worked on a streetcar in St. Louis to fund his way through law school. She fondly remembered her grandfather as a person "who was absolutely devoted to education. He thought that education was the way to better yourself both economically and in life experiences and enjoyment. He treated his daughters exactly the same way he treated his sons. They all went to college. They all went to [the University of] Illinois." So, when it came time for Ms. Maxwell to attend college, there was no question as to where she would be going.
Before enrolling at U of I, Ms. Maxwell spent two years at Whitworth College in Brookhaven, Mississippi. Being in Mississippi during the turbulent, violent times prior to the civil rights movement, she witnessed unimaginable racism and hatred. The first time she saw two separate drinking fountains, she was appalled and sickened.
When she finally returned to Illinois to begin her first semester at the University of Illinois, World War II was just ending. Few students were on campus that first term, but she said that by the second semester the soldiers had returned looking worn and aged from battle. The atmosphere surrounding her was anything but pleasant. She recalled that the professors would have rather ignored the few female students, and she often felt like just an "after thought."
Despite the uncomfortable atmosphere that surrounded her, Ms. Maxwell continued on, and in 1947 she graduated from the University of Illinois' College of Law. She was one of only 10 females out of roughly 300 students in the law school when she graduated. In 1951, Ms. Maxwell was admitted to the Illinois Bar. If that was not cause enough for celebration, her father was appointed to the Illinois Supreme Court that very same day. A picture recalling the momentous day remains on Ms. Maxwell's office wall, nestled among all of her other honors and memories.
As Ms. Maxwell began her law career at the Illinois Attorney General's office in 1953, she found that she was only one of two women who worked there. However, she did not mind. She has found that even to this day she has not been discriminated against in terms of wages or positions, and she has not been treated unfairly because of her sex. "The atmosphere was different than in law school," she explained about the Attorney General's office. "I don't think the guys were threatened." With the exception of one year, which she calls a "fluke," Ms. Maxwell has remained quite content at the Attorney General's office for approximately forty-seven years.
As one would imagine, during her time with the State Ms. Maxwell has noticed many changes between the legal profession and women. The skyrocketing number of female lawyers is the main change, but Ms. Maxwell feels that as time has worn on, men have grown more and more accustomed to the idea of female attorneys in government practice.
Ms. Maxwell's interest in law expands far beyond her active involvement in child support cases. Ms. Maxwell's interests include: women's rights, equal opportunity, and civil rights. She speaks knowledgeably and strongly of the issues included in these areas.
While law is her profession, it is not her entire life. Ms. Maxwell has spent much of her spare time volunteering and being active with a number of charitable organizations in the Springfield area, such as the Sojourn Women's Center, the Evening Symphony Guild, the Board of Planned Parenthood, the International Child Support Committee, the Family Law Section of the Illinois State Bar Association, and her church's activities. Ms. Maxwell has also served on the Committee of National Child Support Organization, which has allowed her to take a number of trips abroad in order to teach the importance of child support legislation and laws to foreign leaders.
Ms. Maxwell's story is truly inspirational. Raised in a family that nurtured dreams and aspirations, she has successfully assisted thousands of children across Illinois. She also has helped numerous women recognize that dreams really are attainable, no matter how difficult your personal situation. Ms. Maxwell is nothing less than a folk hero, just like her grandfather.
_______________
Katie Williams is a student at the University of Illinois at Urbana-Champaign majoring in Journalism.
Standing committee approves strategic plan
By John E. Thies, Webber & Thies, P.C., Urbana
During its inaugural year, one of the first activities of the Standing Committee on Government Lawyers was to undergo a strategic planning exercise. The goal of this process was to create a strategic plan to guide the Committee as it begins its service within the ISBA. This "plan" is now complete and has been approved by the Standing Committee.
In the plan, the Committee concludes that it serves diverse populations with varied interests. These include attorneys and judges in a number of settings, such as: federal, state, county, university, special districts, boards and commissions, and, private practice (serving government clients)--just to name a few.
We also concluded that our constituency is generally overworked and underpaid, without significant technological resources, and the employer support for training and professional development is often lacking. While there are a number of groups within our constituency, there is minimal contact and communication between them. Thus, it was concluded that there is a significant need for someone (or some state wide professional organization!) to play a leadership role in addressing these needs.
In analyzing our capabilities, we concluded that the Committee is in a position to:
* make it easier for our constituency to do their jobs;
* act as a clearinghouse for information;
* through the resources of the ISBA, be an umbrella for the various associations seeking to serve the same people; and,
* be an access point for government lawyers to get more involved in the ISBA and to otherwise further their professional development.
After reviewing the questions of who we are and what we are capable of doing, the Committee proceeded to approve a series of long-range goals. These include the following:
1. To develop programs of interest to our membership;
2. To collaborate within the ISBA and with other organizations;
3. To improve the communication capacity of our membership;
4. To increase our membership's networking opportunities--both social and professional;
5. To establish partnerships with certain governmental agencies such that our membership may be served by an exchange of resources;
6. To enhance the image of our constituency;
7. To maintain a diverse Committee and constituency;
8. To establish and promote our position within the ISBA;
9. To recruit members to our constituency and to the ISBA;
10. To increase the activity of our constituency within the ISBA; and,
11. To periodically conduct self-assessments of the Committee's purpose in order to ensure that its activities continue to be consistent with its mission and this strategic plan.
The Committee is already hard at work in trying to meet these goals. We have begun by developing a series of "Action Plans" and are making every effort to ensure that your Committee becomes all it is capable of being.
Finally, what strategic planning exercise would be complete without a mission statement? The following is ours:
It shall be the purpose of the ISBA's Standing Committee on Government Lawyers to promote a representative organized bar by providing a forum for government lawyers to meet, identify, address and register common concerns regarding substantive and procedural laws relating to government practice. To work to ensure adequate government lawyer representation on the committees and section councils of the Association. To promote the representation of government lawyer interests in all aspects of bar activities and the profession. To present seminars and conferences, and conduct other appropriate activities in furtherance of these goals.
This gives you a quick overview of who we are, what we do and where we are headed. As this strategic planning process is a continuing exercise, I encourage you to let us know your thoughts about the above--both positive and negative. In this regard, feel free to e-mail me at jthies@webberthies.com.
Committee on Government Lawyers co-sponsors
Law Ed Seriesprogram
"An Overview of Illinois Administrative Law" will take place from 9 a.m. to 5 p.m. Friday, May 4, 2001, at the Illinois State Bar Association's Chicago Regional office at 20 S. Clark Street. The comprehensive, all day seminar is presented by the ISBA's Administrative Law Section Council and is co-sponsored by the ISBA's Committee on Government Lawyers and Young Lawyers' Division. The program will preview the newest ISBA publication "ISBA/GBA Handbook of Illinois Administrative Law."
After introductions by Julie Ann Sebastian, Chair of the Administrative Law Section Council, the opening session from 9:10 a.m. to 9:30 a.m., will feature a discussion by Jean M. Wenger, Cook County Law Librarian, on "Administrative Law on the Internet." From 9:30 a.m. to 9:45 a.m., John Nicolay, Chicago, will explain "Researching Illinois Legislation."