Standing Committee
on Government Lawyers
April 2000 Vol. 1, No. 1
Statements or expressions of opinion or comments appearing herein are those of the editors or contributors, and not necessarily those of the association or section.
Contents
*Your partner in practice--the Illinois State Bar Association
*Attorney General issues opinions on te State Gift Ban Act
*Capital developments in Illinois' crimnal justice system
*Someone you should know: profiles in goverment
By Lynn Patton, Springfield
Welcome to the premiere issue of the Standing Committee on Government Lawyers newsletter. A complimentary copy of this edition of the newsletter is being sent to all government attorneys in Illinois, regardless of their affiliation with the Illinois State Bar Association, as a way of introducing the ISBA's newest standing committee, the Committee on Government Lawyers, to the government.
By way of background, in March of 1999, the Board of Governors of the Illinois State Bar Association authorized the creation of the Standing Committee on Government Lawyers to encourage government lawyer participation in both the ISBA and the Illinois bar. The Committee on Government Lawyers held its inaugural meeting in June 1999. Since that time, the twenty ISBA members comprising the first Committee on Government Lawyers have been working on the creation of a committee structure that fits into the ISBA's operational system and on the development of a focus for the Committee on Government Lawyers that will compliment the current activities and services of the ISBA's other committees and section councils while providing information, opportunities and services of interest to the government practitioner.
One method the Committee on Government Lawyers has chosen for providing information to government attorneys is through the publication of a newsletter. Specifically, each year the Committee plans to publish two to four newsletters containing substantive articles of interest to federal, state and local government attorneys, legislative updates, case law updates, Attorney General Opinion summaries, notice of Supreme Court Rule changes, profiles of government attorneys or government offices and information regarding upcoming Committee, ISBA or bar activities of interest to the government lawyer.
With the publication of this first issue of the Committee newsletter, the Committee is on its way to fulfilling its goal of providing a forum for government lawyers to identify and address common concerns regarding substantive and procedural legal issues. A second method by which the Committee hopes to satisfy this goal is through the presentation of continuing legal education programs. In this regard, the Committee is cosponsoring a continuing legal education program entitled Ethics and Professionalism for Government Attorneys and the Administrative Judiciary to be presented on June 1, 2000 in Chicago. In addition, the Committee is in the process of developing a government lawyer sub-site on the ISBA's Web site. Through this effort we expect to make information available that cannot wait for the next newsletter and to create a discussion group whereby government attorneys from across the state may discuss issues or situations of common concern. Moreover, as this edition of the newsletter goes to publication, the members of the Legislation Subcommittee are carefully reviewing many pieces of proposed legislation affecting the government bar. Still in the planning stages are a number of other projects the Committee hopes will be of interest or benefit to the government practitioner.
The opportunity is here for government lawyers to make their presence felt in the ISBA and in the Illinois bar. Therefore, please take a few minutes, read our newsletter, complete and return the enclosed survey and share your thoughts with us. We hope that your first encounter with the Committee on Government Lawyers is positive, and we look forward to serving you.
Your partner in practice--the Illinois State Bar Association
By Robert E. Craghead, Executive Director, Illinois State Bar Association
It's not just your father's state bar association any more. Or your mother's.
Still you're probably not much of a joiner. You grew to maturity with computers and electronic communications and a sense of making your own way. But you're in a tough job market and you need information and services to jump-start your career. And you'll continue to need them to keep you going strong.
The Illinois State Bar Association knows that. And the underpinnings are in place to give you what you need all through your career. Take a look at what membership in the state bar has to offer you.
Information services
ISBA Web site
Sure, everybody's got a Web site. But ours helps you win cases, serve clients, and keeps you current on the law. Check us out at www.isba.org.
* Sign up for our FREE (daily) e-mail case summary update--with links to the full text of the opinion.
* We have on-line subscription newsletters in 36 substantive law areas. You get a print version also. They're not free, but the yearly fee is very reasonable.
* Full text of the Illinois Bar Journal is free to all members. Includes articles of legal analysis, news and updates, and nuts and bolts practice features. The print version comes to your mailbox.
* Full text of the ISBA Bar News--bar association and legal news at your fingertips.
* Under construction: A career center for employers and job seekers.
*Need help from an experienced lawyer? Let our listserves be your gateway to the expertise of your peers. Includes one list for all members, plus individuals listserves in the same substantive law areas as the newsletters.
* Start your research with the ISBA Web page. We collect links to Illinois legal information and categorize them for easy reference. We're pretty sure our link page is the best and most comprehensive on the Net.
Publications
All our periodicals, mentioned above, are on the Web, but you also get well-edited, professionally-designed products in your mailbox. And there's more:
*The ISBA produces a dozen or more practice-oriented books--and makes them available at very affordable prices to members. New titles or updates are produced annually.
* For your reception area, we produce public information brochures.
* Free to all members are the Guide to Statutes of Limitations, the Legislation Checklist, and a legislation newsletter. (They're also posted on our Web site.)
Education
Law school is over, but learning the law is not. And for most new admittees, the nuts and bolts of practice are skills still to be mastered. For just that reason, the ISBA has always offered Bridge the Gap, a one-day program that includes everything from how to file a motion to a session with judges on "How to Lose Your Case Without Even Trying."
A more in-depth, multiple-week program will offer one evening session per week on such topics as how to set up a practice, ethical issues in running a practice, and introductory information about such substantive law areas as real estate, trusts and estates, and torts.
Besides the basics of getting started, there's the matter of continually changing law. Each year, new legislation affecting your practice will be enacted. New court decisions and administrative rules can quickly re-shape the law. That's where ISBA's Law Ed Series and other programs can bring you up to speed. They're inordinately affordable and usually convenient to both Chicago and downstate practitioners. Participants tell us they're very useful.
Other services
Besides the benefits spelled out so far, a variety of insurance products and discounts products and services such as WestLaw, Lexis, and cellular phone services are yours. We provide a mediation service for fee disputes. And, depending on your location, you can receive referrals through out Lawyer Referral Service, which is free to the public.
Shaping the law through legislation
Our goal is to promote positive change that serves the best interests of the justice system. As a member, you can just enjoy the benefits of our labor--or be part of the process. That process starts with grassroots input from sections and committees and is funneled through out experienced staff, who lobby the legislature. Important federal legislation also receives our attention.
In its 123-year history, the ISBA has often been a leader in updating and revising Illinois law. Most recently, we were instrumental in bringing together the various publishers of the Illinois statutes into one Illinois Revised Statutes, and further revising these into the Illinois Compiled Statutes.
Informing the public
It's not news that lawyers as a group are not held in high regard by the public. But it may be news that the state bar association works continually to change that. First, everyone in the profession must recognize the image of lawyers begins with the individual lawyer--that's you. Beyond that, we get out the message that lawyers help people in difficult situations.
We produce public service messages for television and regularly produce cable programs featuring member-lawyers who explain particular areas of the law. We are involved in the Peoples' Law School programs and publicize the good deeds--legal or otherwise--that lawyers perform in their own communities.
Serving the justice system--for all
We also defend the justice system from unwarranted attacks--from the public or special interest groups. Most recently, we've been outspoken about judicial independence. And if equal justice under the law means something to you, then you can be proud to be a member of the ISBA. You can also participate in this on-going effort. Here are some examples of programs the ISBA has spearheaded:
* We were a co-founder of the Client Security Fund of the Bar of Illinois (now under the Supreme Court) and its primary founder and administrative agent.
* ISBA established a Lawyer Referral Service in counties which didn't already have one.
* It petitioned the Illinois Supreme Court for establishment of the Lawyer's Trust Fund for clients defrauded by their attorneys, and sought the creation of the Attorney Registration and Disciplinary Commission.
* ISBA established and supports the Illinois Pro Bono Center and was a co-sponsor of the Illinois Equal Justice Act and Project, both of which expand legal services.
* The bar association is also the leading voice on legal ethics through its provision of Advisory Opinions on Professional Conduct to Illinois attorneys.
Life in the Illinois State Bar Association-- dependency can be a good thing
You may not be a joiner. But it can be tough to get started without help. As a member of a statewide bar association, you have a variety of opportunities for interpersonal contact--on sections and committees, at bar social functions, meetings and programs--that you won't have elsewhere. And where personal contact leaves off, electronic contact through out Web listserves carries on. The information you get, and the people you meet, can be both lifelines and stepping stones in your career.
Some of our members call themselves "bar junkies." They've served in leadership positions of one kind or another for many years, making the ISBA what it is today. And they'll all tell you they've been greatly enriched, both personally and professionally, in the process.
There is a bottom line to this invitation to join the Illinois State Bar Association: we think we can make your life in the law a little easier and a little more satisfying. That could add up to a lot as you embark on your career.
For membership information, call 800/252-8908 or 217/525-1760, or visit us online at www.isba.org.
Editor's note: In each issue, we will print Attorney General Opinion summaries. Covering a myriad of issues, the Attorney General Opinions provide guidance and insight to government attorneys as well as those in private practice.
Attorney General issues opinions on the State Gift Ban Act
By Lynn Patton, Springfield
Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 1998)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties. The following is a summary of all official and informal opinions issued by the office of the Attorney General construing the various provisions of the State Gift Ban Act (5 ILCS 425/5 et seq. (West 1998)).
Copies of an opinion may be requested by contacting the Opinions Bureau in the Attorney General's Springfield office.
Opinion No. 99-007, issued June 30, 1999. Implementation of the State Gift Ban Act by Units of Local Government and School Districts. (1) Units of local government and school districts are not required to appoint ethics officers. (2) Units of local government and school districts are not required to appoint local ethics commissions. (3) Units of local government and school districts are not required to follow the complaint procedures set forth in section 60 of the State Gift Ban Act. (4) Local ethics commissions may levy a fine. (5) The "ultimate jurisdictional authority" for employees of local units of government and school districts is the officer or the corporate authority that employs him or her. (6) A State's Attorney may enforce local ordinances which implement the State Gift Ban Act, if an intergovernmental cooperation agreement has been entered into by the county with another unit of local government or school district and the State's Attorney approves the contract. (7) Local ethics commissions are not per se exempt from the provisions of the Open Meetings Act. (8) Documents generated or in the possession of a local ethics commission or an ultimate jurisdictional authority are not exempt per se from disclosure under the Freedom of Information Act. (9) The Attorney General is not the legal advisor for the local ethics commissions. 5 ILCS 425/5 et seq. (West 1998).
Opinion No. 00-002, issued March 7, 2000. Applicability of the State Gift Ban Act to Judges of Election. The position of judge of election is a public office generally subject to the provisions of the State Gift Ban Act. Because a judge of election is considered to be an "officer of the court," however, a judge of election is not subject to the provisions of the State Gift Ban Act pursuant to the court order entered in Illinois State Bar Association v. Ryan, Docket No. 98-MR-363 (Circuit Court, Sangamon County). 5 ILCS 425/5 (West 1998).
Informal Opinion No. I-99-039, issued August 20, 1999. Townships and Township Road Districts Sharing of an Ethics Commission under the State Gift Ban Act. Both townships and township road districts are required to adopt policies prohibiting the acceptance and solicitation of gifts, and to provide procedures for processing ethics complaints in accordance with constitutional standards. In doing so, townships and township road districts may enter into an intergovernmental cooperation agreement for the joint creation of an ethics commission. 5 ILCS 425/83 (West 1998).
Informal Opinion No. I-99-044, issued September 30, 1999. Applicability of the State Gift Ban Act to Trustees of the State and Local Pension Boards; State Gift Ban Act Exceptions. (1) The State Gift Ban Act applies to all employees and officials of a governmental entity, not just those public officials who are responsible for making and passing laws. (2) The state Gift Ban Act applies to the trustees of the various State retirement systems but not to the trustees of the several local retirement systems. (3) The language in section 83 of the State Gift Ban Act authorizing the exemption of "non-salaried appointed or elected officials," applies only to the elected or appointed officials of units of local government and school districts. Therefore, the trustees of the various state retirement systems may not be exempted from compliance with the provisions of the Act. Because of the dual status of the trustees of local retirement systems as municipal officers and employees, persons serving as trustees of the local retirement systems remain subject to local gift ban ordinances. (4) The exception contained in subsection 15(21) of the Act for golf and tennis does not extend to similar gifts of equal or lessor value. 5 ILCS 425/5, 15(21) and 83 (West 1998).
Informal Opinion No. I-99-046, issued October 26, 1999. Applicability of the State Gift Ban Act to Non-Salaried Hourly Employees of Units of Local Government and School Districts. Section 83 of the State Gift Ban Act authorizes units of local government and school districts to exempt "non-salaried appointed or elected officials" from local regulations. Non-salaried hourly employees are not elected or appointed officers who may be exempted from policies adopted pursuant to the provisions of the State Gift Ban Act. 5 ILCS 425/83 (West 1998).
Informal Opinion No. I-99-050, issued December 22, 1999. Community College Districts Subject to the State Gift Ban Act. Regardless of whether a community college district is categorized as a special district and a unit of local government or a school district, a community college district is subject to the provisions of section 83 of the State Gift Ban Act. 5 ILCS 425/83 (West 1998).
In addition to the foregoing opinions, the office of the Attorney General recently issued the following informal opinions which may be of general interest to the government bar.
Informal Opinion No. I-00-001, issued January 4, 2000. Change in Durational Residency Requirement for Candidates for Office in Home Rule Municipalities. A home rule municipality may, by referendum, change the durational residency requirement for elected municipal officers. The existence of a coterminous township will not inhibit that power. However, a residency requirement longer than one year may be subject to constitutional challenge. Ill. Const. 1970, art. VII, §6(a), (f); 65 ILCS 5/3.1-10-5 (West 1998).
Informal Opinion No. I-00-002, issued January 27, 2000. Compatibility officesCounty Clerk and Recorder and Park District Commissioner. There are no constitutional or statutory provisions which prohibit one person from holding the offices of county clerk and recorder and park district commissioner. Moreover, the duties of a county clerk and recorder and a park district commissioner would not conflict. Therefore, one person may hold the offices of county clerk and recorder and park district commissioner simultaneously.
Informal Opinion No. I-00-003, issued January 27, 2000. Public Auction of Unclaimed Impounded Vehicle. Section 11-15 of the Criminal Code of 1961 authorizes a peace officer who arrests a person for soliciting for a prostitute to impound any vehicle used by that person in the commission of that offense. Section 11-15 of the Code does not provide for the disposition of a vehicle so impounded. Section 4-208 of the Illinois Vehicle Code, however, authorizes the sale at public auction of unclaimed vehicles that remain unclaimed after proper notice has been given. 720 ILCS 5/11-15 (West 1998), as amended by P.A. 91-274, effective January 1, 2000 and P.A. 91-498, effective January 1, 2000; 625 ILCS 5/4-208 (West 1998).
Informal Opinion No. I-00-004, issued February 9, 2000. Conflict of InterestCounty Clerk's Interest in a Depository. A county clerk's duties with regard to public funds are purely ministerial in nature. A county clerk would not be called upon to act or vote upon the deposit of county funds in a depository. Therefore, a violation of section three of the Public Officer Prohibited Activities Act does not occur where a county clerk is a shareholder and serves as a member of the board of directors of a bank in which county funds are deposited. 50 ILCS 105/3 (West 1998).
Informal Opinion No. I-00-005, issued February 23, 2000. Effective Date of Motor Vehicle Registration Fee Increase. The increase in motor vehicle registration fees contained in Public Act 91-037 applies to all registrations for registration year 2001. The provisions of the Illinois Vehicle Code do not contemplate a reduced fee