Practice News

More than 600 new attorneys were admitted to practice in Illinois on Thursday, May 10 with Justices of the Illinois Supreme Court and the Illinois Appellate Court presiding and administering the attorney’s oath at five separate locations.

All of the candidates have passed the Illinois state bar examination and an ethics examination, and have been certified by the Committee on Character and Fitness.

The largest group, 406, were admitted in the First Judicial District during ceremonies starting at 10:30 a.m. in the Auditorium Theatre at Roosevelt University, 50 East Congress. Illinois Supreme Court Justice Charles E. Freeman will preside, with Justices Anne M. Burke and Mary Jane Theis participating.

Cook County Circuit Court Judge Michael J. Howlett made the motion to admit the class. Margaret Benson, executive director of Chicago Volunteer Legal Services,  seconded the motion to admit the class. Other speakers at the event included Chicago Bar Association First Vice President Aurora N. Abella Austriaco and David Badillo, incoming president of the Puerto Rican Bar Association.

Representatives from the Illinois Board of Admissions to the Bar in attendance include James R. Carroll, Lawrence N. Hill and Shelia Kennedy.

The 608 men and women were certified as candidates and were sworn in as Illinois attorneys Thursday at ceremonies in the five Supreme Court judicial districts.

The new attorneys will bring the total number of licensed attorneys in Illinois to approximately 90,700.

The 7th Circuit U.S. Court of Appeals in Chicago has issued an order asking the district court to issue a preliminary injunction enjoining the Cook County State's Attorney from applying the Illinois eavesdropping statute against the ACLU and its employees or agents for openly recording law enforcement officers who are performing their official duties in public places. The court held that Illinois' eavesdropping law "likely violates" the First Amendment. The opinion is available here. The Illinois State Bar Association is opposed to the law and supports SB 1808 - which would allow a citizen to audio and video record police officers performing public duties in public places. More information on SB 1808 is below.

The Facts on Illinois’ Eavesdropping Law: Support SB 1808 as amended by HA #1

Q:  What is this bill trying to address?

A:  Illinois eavesdropping law allows a citizen to video-record (film) a law enforcement officer doing public duty in a public place but makes it a Class 1 felony if the citizen audio-records the same public activity. Senate Bill 1808 strikes the right balance between the reasonable expectation of privacy and the First Amendment by allowing citizens to audio record law enforcement officers performing public duties in public places.

Q:  What do Illinois’ courts have to say about the current eavesdropping law?

The Springfield State Journal-Register is reporting that opposition from the Illinois State Bar Association has stalled progress of HJRCA 29. The victims' rights amendment appeared headed for a place on the November ballot after clearing the Illinois Senate 55-1. Opposition from ISBA, Illinois state’s attorneys and Illinois public defenders associations gave legislators cause for concern.

A good state’s attorney will keep crime victims abreast of developments during trial, said Jim Covington, the bar association’s director of legislative affairs. But the amendment would have given victims and their lawyers more input in the courtroom.

Under the amendment, victims would have:

* The right to be heard at any post-arraignment court proceeding;

* Access to relevant documents relating to the defendant;

* Be considered if and when bail for the offender is being contemplated; and

* Have the ability to back up those rights in courts that have jurisdiction on the case.

Covington said it would be impractical to allow victims the right to be heard at any post-arraignment court proceeding.

“It would undermine the presumption of innocence if you add a third — someone besides the state and the defendant, a victim or his or her lawyer — involved in the case from that point forward,” Covington said.

Click here to read the full article

Read Rep. Jim Sacia's (R-Freeport) explanation of why he voted against HJRCA 29

Senate Bill 1808, which would allow citizens to audio and video record police performing their public duties in public places, passed out of the House Judiciary Committee unanimously this morning on a vote of 10-0. This bill differs from a previous effort (HB 3944) in that it mandates that recordings alleging wrongdoing by police to be referred to the state’s attorney for possible prosecution if the recordings are intentionally altered to misrepresent an event. SB 1808 is sponsored in the House by Rep. Elaine Nekritz, D-Des Plaines, and is supported by the Illinois State Bar Association.

SB 1808 now moves to the full House of Representatives. Josh Sharp, director of government relations for the Illinois Press Association, urges newspaper publishers to call their legislators now and ask them to vote ‘yes’ on SB 1808. This bill would allow journalists to film police without consent during protests and similar events or to use videos that have been submitted by citizen journalists.

SB 1808 is also supported by the Illinois Press Association, the American Civil Liberties Union, the Chicago Headline Club and others.