Diversity Leadership Council Newsletter
The newsletter of the ISBA’s Diversity Leadership Council

June 2012, vol. 6, no. 1

Now every article is the start of a discussion. If you're a member of the Illinois State Bar Association, you can comment on any of the articles that appear below.

In This Issue…

  • Reflections of incoming President John E. Thies
    A message from John E. Thies, who will serve as ISBA President during the 2012-13 term.
  • Diversity is both seen and unseen
    As we strive to create a more inclusive profession, we need to be mindful that we cannot always see diversity.
  • Diversity Leadership Fellows Program continues to identify future ISBA leaders
    The ISBA’s Diversity Leadership Fellows program just completed its second full year and has been making strides in increasing diversity in the ISBA’s section councils and committees.
  • The Judicial Intern Opportunity Program
    Now celebrating over 10 years of success, JIOP was established in response to a study released in February 2000, which reported that only 15 percent of all judicial clerkships are held by minorities—despite the fact that minorities make up 30 percent of the nation’s population and 20 percent of the law student population.
  • Street Law’s Legal Diversity Pipeline Program
    This year Street Law, Inc., celebrated 40 years of providing accessible, engaging, and interactive programs to empower students and communities to become active, legally-savvy contributors to society. 
  • Obama supports same-sex marriage in May 9th interview
    On May 9, 2012, ABC News’ Robin Roberts interviewed President Obama and during that interview he stated for the first time that he now supports same-sex marriage. Below is a small portion of that history-making interview and his thoughts on equal rights and related legal issues.
  • ISBA invests in the Pipeline
    The ISBA/JTBF Law & Leadership Institute is a statewide initiative to assist students from minority, ethnic, and other groups who are currently underrepresented in the legal professions achieve academic success and aspire to a career in the law.
  • E. Lynn Grayson wins Diversity Leadership Award
    In recognition of her long-standing, continuing and exceptional commitment to the critical importance of diversity within the Illinois legal community, its judiciary and the Illinois State Bar Association, E. Lynn Grayson is the 2012 winner of the ISBA Diversity Leadership Award. 

Related Court Cases

Mental Health Code
In re Beverly B.

Court erred in granting State's petition for involuntary administration of psychotropic medication. The general information that Respondent received about the types of treatments and activities available at Elgin Mental Health Center was insufficient to satisfy the mandate of Section 2-102(a-5) of Mental Health and Developmental Disabilities Code. Court erred in ruling that Respondent was exhibiting deterioration of her ability to function or suffering. (ZENOFF and BIRKETT, concurring.)

Human Rights Act
People ex rel. Madigan v. Wildermuth

State may claim a violation under Illinois Human Rights Act pursuant to a reverse redlining theory where it did not allege that the defendant acted as a mortgage lender. Court erred in dismissing complaint with prejudice; dismissal should have been without prejudice, as grounds relied upon as to "other financial assistance" were lacking. Defendant's conduct, in filling out paperwork for loan modification process and recommending short sales did not amount to "financial assistance". Defendants were not a necessary and direct channel through which funds flow. (KARMEIER, FREEMAN, KILBRIDE, GARMAN, BURKE, and THEIS, concurring.)

Involuntary Admission
In re Linda B.

Hospital's mental health facility director filed petition for involuntary admission of Respondent. Psychiatrist testified at hearing that Respondent's hospitalization began when she was admitted to a medical floor, where she was also "treated psychiatrically". A facility, or section thereof, capable of providing mental health services, that does provide the individual mental health services, is a mental health facility. Respondent has not shown that her physical entry into the facility, and her initial treatment there, were involuntary. Thus, she did not show that error occurred, that petition for involuntary commitment was not timely filed. (FREEMAN, THOMAS, KILBRIDE, GARMAN, BURKE, and THEIS, concurring.)

Involuntary Administration of Medication
In re Carol B.

Respondent was involuntarily admitted to mental health facility. Upon her admission, psychiatrist determined Respondent lacked the capacity to consent to treatment and lacked a guardian or power of attorney to make a decision on her behalf. Under Section 2-107(a) of Mental Health Code, Respondent had the right to refuse administration of medication. State violated Section 2-107(a), when psychiatrist  prematurely administrated psychotropic medication,because Respondent lacked capacity to consent to treatment and her condition did not require administration of medication to prevent her from causing serious and imminent physical harm to herself or others. State's delay in filing amended petition left Respondent involuntarily admitted for more than a month before she received a hearing date, which denied her liberty interests. (HARRIS and APPLETON, concurring.)

Mandamus
Fillmore v. Taylor

Plaintiff, a DOC inmate, sued 3 DOC officers for failing to follow mandatory legal procedures before imposing discipline upon him for violating prison rules. "Prison regulations" of the type within inmate orientation manual confer no rights on inmates. In mandamus action, legal duty of public official must be clear and nondiscretionary, and Plaintiff must have a strong equitable case.  Petitioner for writ of certiorari must show that he or she has suffered a substantial injury or injustice. Count for declaratory judgment is legally insufficient in its entirety; mandamus and writ of certiorari counts are legally sufficient in their entirety. (POPE and KNECHT, concurring.)

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