Kerry Bryson reviews People v. Ringland, handed down Thursday, June 29.
People v. Ringland
By Kerry Bryson, Office of the State Appellate Defender
In these consolidated cases, the defendants were subjected to traffic stops on I-80 in LaSalle County, with each stop resulting in the discovery of a controlled substance. Those stops were initiated by a team of special investigators appointed by then LaSalle County State’s Attorney Brian Towne pursuant to Section 3-9005(b) of the Counties Code allowing State’s Attorneys to appoint special investigators. Towne named the team the State’s Attorney’s Felony Enforcement unit (or SAFE). The specific purpose of SAFE was to act as a drug interdiction team on I-80.
The defendants filed motions to suppress, challenging the investigators’ authority to conduct traffic stops, as well as the adequacy of the procedure by which they were appointed. The circuit court granted the motions on the basis that statutory procedural requirements for appointment of special investigators had not been met. The appellate court affirmed but on the basis that the investigators lacked authority under Section 3-9005 (b) to conduct the traffic stops in question. The Supreme Court agreed with the appellate court.
Section 3-9005(b) provides that the state’s attorney has the authority to appoint special investigators to: (1) serve subpoenas, (2) make return of process, and (3) conduct investigations which assist the state’s attorney in the performance of his or her duties. The supreme court agreed with the appellate court’s observation that this is an exclusive list.
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June 29, 2017 |
Practice News
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June 28, 2017 |
ISBA News
Join the Board of Governors of the Illinois State Bar Association and the Board of Directors of the Illinois Bar Foundation for the President's Reception honoring Vincent F. Cornelius, ISBA president in 2016-2017.
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June 28, 2017 |
Practice News
Asked and Answered By John W. Olmstead, MBA, Ph.D, CMC Q. Four of my partners and I just split off from a large law firm in Phoenix, Arizona, and started a litigation boutique firm with five associates. As we staff our nine-attorney firm, we are planning on hiring someone to handle our accounting and manage our finances. What type of position should we create and what level of experience should we be looking for?
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June 28, 2017 |
ISBA News | Member Services
Thank you for being an ISBA member. Bar association dues for 2017-2018 are due by Friday, June 30, 2017. We hope you remember that ISBA offers a wide range of services designed to help you be productive and efficient. ISBA provides a services package valued at over $1,300. We recently added new services and will be adding more in the coming year. Renew now to continue uninterrupted access to your current membership benefits and take advantage of the exciting new offerings coming soon. NEW AND UPCOMING BENEFITS IllinoisLawyerFinder, our new public-facing member directory PracticeHQ, our new law practice management and technology web portal ISBA Central, our soon-to-launch online discussion groups and communities CURRENT BENEFITS Free Online CLE ($349 Value) Fastcase: Free Online Legal Research ($995 Value) Daily case digests and legal news via E-Clips IllinoisBarDocs Liability insurance via ISBA Mutual You can renew online, by invoice, or phone at (800) 252-8908. We look forward to continuing to serve you!
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June 27, 2017 |
ISBA News
The ISBA will soon fill two vacant Assembly seats in Cook County. One Cook County seat has a one-year term and the other has a two-year term. Both terms begin immediately – the two-year vacancy will be filled first. Assembly members must reside in their circuit or district. In accordance with paragraph 3.8(a) of the ISBA's Policy and Procedures on Association Elections, ISBA is notifying members that Khara Coleman of Oak Park and Jill O’Brien of Chicago have filed nominating petitions to be elected to the two ISBA Assembly vacancies from Cook County. Any eligible ISBA member in Cook County wishing to be considered for these vacancies must submit a nominating petition to ISBA Executive Department by email to kweaver@isba.org, as described in the Policy and Procedures on Association Elections. This nominating petition must be submitted no later than July 13, 2017. You are asked to also forward the original Nominating Petition to the attention of ISBA Executive Department, 424 South Second Street, Springfield, Illinois 62701. According to the Policy, if no other candidates file a nominating petition, Ms. Coleman and Ms. O’Brien will be declared elected. If other nominating petitions are filed, the Board of Governors shall fill the seat from the candidates nominated.
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June 26, 2017 |
CLE
PDFs are everywhere and have become the worldwide standard with electronic court filing, exchanging documents and digital archiving. Join us online on July 25, 2017 for a look at the basics of e-filing and PDFing, such as preparing PDFs for e-filing, combining and reducing the size of PDFs, bookmarking, metadata removal, redaction, and making PDFs text-searchable. Also learn how this can help your office reduce the amount of paper in your office. Be ready for e-filing and learn how to master PDFs! Click here for more information and to register.
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June 26, 2017
The ISBA hosted the 5th annual Minority Bar CLE Conference and reception from June 22-23 in the Chicago Regional Office. Participating bar associations included Illinois State Bar Association, Filipino American Lawyers Association, Chinese American Bar Association, Cook County Bar Association, South Asian Bar Association, Korean American Bar Association, Asian American Bar Association, Hispanic Lawyers Association of Illinois, the Lesbian and Gay Bar Association of Chicago, and Black Women Lawyers' Association. -
June 23, 2017 |
ISBA News
The ISBA will soon fill one vacant Assembly seat in the 18th Circuit (DuPage County). This vacancy is for a two-year term and begins immediately. Assembly members must reside in their circuit or district. In accordance with paragraph 3.8(a) of the ISBA's Policy and Procedures on Association Elections, ISBA is notifying members that Rick Veenstra of Wood Dale, Illinois, has filed a nominating petition to be elected to the one ISBA Assembly vacancy from the 18th Judicial Circuit. Any eligible ISBA member in the 18th Judicial Circuit wishing to be considered for this vacancy must submit to ISBA Executive Department by e-mail to kweaver@isba.org, a nominating petition as described in the Policy and Procedures on Association Elections. This nominating petition must be submitted within 14 days of the June 23 notification date. You are asked to also forward the original Nominating Petition to the attention of ISBA Executive Department, 424 South Second Street, Springfield, Illinois 62701. According to the Policy, if no other candidates file a nominating petition, Mr. Veenstra will be declared elected. If other nominating petitions are filed, the Board of Governors shall fill the seat from the candidates nominated. An e-mail containing this information and the nominating petition was sent to members earlier today, June 23, 2017. There are three total vacant Assembly seats to be filled. The remaining vacancies are in Cook County.
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June 23, 2017 |
Practice News
When patients get a life-changing medical diagnosis, they often seek a second opinion. When clients have questions about the direction that their legal counsel takes, they may think they have nowhere to turn. In fact, attorneys can provide clients with second opinions, although most do not advertise them as a service. Valorem Law Group in Chicago is one of the first law firms to feature second opinions as part of its practice. Valorem, also known for its alternative fee agreements (see the October 2014 IBJ cover story), has been providing legal second opinions to individuals and companies for the past two years. Nicole Auerbach, one of Valorem's founding partners, says that clients can "save a lot of money and angst" by seeking second opinions. Clients seeking second opinions can ask a wide range of questions. Some want to know if a proposed settlement is acceptable. Others want to get a second opinion about the direction their counsel is taking in a specific matter. Some want a reality check on what they're being billed and what they're told it will cost to complete a representation. Auerbach says that "there is really no topic that doesn't lend itself well to a second opinion." Find out more in the July Illinois Bar Journal.1 comment (Most recent June 29, 2017)
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June 22, 2017 |
ISBA News
Two Assembly members were elected at the ISBA Annual Meeting to vacant seats on the Assembly Agenda and Program Committee. The committee has primary responsibility for preparing agendas for Assembly meetings. The winners were Carl R. Draper of Springfield and Nicholas J. Feda of St. Charles. Both seats are for two-year terms.