The Public Servant

The newsletter of the ISBA’s Standing Committee on Government Lawyers

2007 Articles

2007 legislative summary By James W. Chipman December 2007 The 2007 spring legislative session convened on January 10. After the new members were installed, the 95th General Assembly wasted no time in introducing an assortment of new legislation.
Attorney General issues opinions By Lynn Patton December 2007 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2006)), the Attorney General is authorized, upon request, to furnish written legal opinions to State officers and State’s Attorneys on matters relating to their official duties.
Attorney General issues opinions By Lynn Patton June 2007 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2005 Supp.)), the Attorney General is authorized, upon request, to furnish written legal opinions to State officers and State’s Attorneys on matters relating to their official duties.
Attorney General issues opinions By Lynn Patton March 2007 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2005 Supp.)), the Attorney General is authorized, upon request, to furnish written legal opinions to State officers and State’s Attorneys on matters relating to their official duties.
Closed sessions “wholly dedicated” to discussion of leasing property allowed under the Open Meetings Act By James W. Chipman December 2007 On July 18, 2007, the second district appellate court held that two meetings closed to the public for the purpose of discussing the lease of property owned by a public body did not violate the Open Meetings Act.
Does a public employee have a right to closed meeting minutes of the discussion of her employment? A case review of Wisconsin Appellate Court case Sands v. Whitnall School District By Lisle A. Stalter June 2007 Although we do not typically see a discussion of cases from other states in the Government Lawyers’ newsletter, a recent decision from Wisconsin raises an interesting question.
E-Mail and the Attorney-Client Privilege: In re County of Erie By Patrick T. Driscoll, Jr. & Patricia M. Fallon September 2007 In re County of Erie, 473 F.3d 413 (2d Cir. 2007), involved a class action lawsuit brought by a group of arrested individuals who alleged they were subjected to unconstitutional strip searches.
Former Assistant Public Defender Suspended Until Further Order By Rosalyn B. Kaplan March 2007 In September 2003, Julie Baldwin entered into a contract to serve as a part-time assistant public defender in Peoria County, where she was assigned to represent indigent parents in cases in which her clients faced the possibility of termination of their parental rights.
The Freedom of Information Act and electronic calendars examined in Consumer Federation of America v. Department of Agriculture By Patricia M. Fallon June 2007 In 2001, the United States Department of Agriculture (USDA) published notice of a proposed rule regulating exposure to a dangerous bacterium found in certain meats and poultry called Listeria. In 2003, an interim final rule was issued by the USDA on this subject.
HHS Launches New Web site on HIPAA Privacy Compliance and Enforcement September 2007 To coincide with the fourth anniversary of the enforcement of the HIPAA Privacy Rule, the Department of Health and Human Services (HHS) announced the launch of an enhanced Web site that will make it easier for consumers, health care providers and others to get information about how the Department enforces health information privacy rights and standards.
In-Sites December 2007 Now that the age of Minimum Continuing Legal Education (MCLE) is upon us, the Committee on Government Lawyers shares with you some important MCLE Web sites.
In-sites March 2007 There are many sites that can assist you in finding public records.
News Flash: Illinois Appellate Court cases decided prior to 1935 are not precedential By Lisle A. Stalter September 2007 One thing that I have learned over the years is that there is always something new to learn in the law.
News you can use March 2007 The American Bar Association’s Government and Public Sector Lawyers Division is accepting nominations for its three national awards.
The Personal Information Protection Act and its implications for integrated justice information systems By Kathleen deGrasse & Wil Nagel September 2007 This article focuses on the statutory notification obligations PIPA imposes upon government agencies that utilize or participate in a state-administered integrated justice information system.
Public sector discipline: Two Illinois prosecutors disciplined for Brady violations during May term of the Supreme Court By Rosalyn B. Kaplan September 2007 In re Murphy and Campbell, Commission Nos. 06 SH 74 and 75 (consolidated), S. Ct. No. M.R. 21566 (May 18, 2007).
Public sector discipline: Two Illinois public sector attorneys disciplined during March term of court for criminal conduct By Rosalyn B. Kaplan June 2007 In re Arrigo, Commission No. 06 CH 45, S. Ct. No. M.R. 21373 (March 19, 2007). John Arrigo was an officer in the United States Air Force and, as such, was subject to annual written evaluations of his job performance.
Reppert v. Southern Illinois University—employment contracts and the Freedom of Information Act By Lisle A. Stalter December 2007 There are surprisingly few cases discussing the Freedom of Information Act1 and its exceptions—particularly when it comes to personnel files.
Someone You Should Know—Meet Jerry Larkin, Administrator of the ARDC September 2007 Between February 1, 1973, and March 16, 2007, the ARDC was led by only three Administrators; on March 19, 2007, Jerry Larkin took over the corner office as the fourth lawyer in Illinois to hold that title.
Student loan repayment assistance legislation moves forward in Congress June 2007 Senate Bill 442, the “John R. Justice Prosecutors and Defenders Incentive Act” sponsored by Illinois Senator Richard Durbin amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct the Attorney General of the United States to assume the obligation to repay student loans for borrowers who agree to remain employed, for at least three years, as either state or local criminal prosecutors or state, local, or federal public defenders in criminal cases.
To delete or not to delete: State Records Act implications for integrated justice systems By Kathleen deGrasse & Wil Nagel March 2007 Criminal justice agencies’ reliance on electronic records management systems has drastically reduced the amount of paper-based data maintained by the justice system.