2009 Articles

2009 legislative summary By James W. Chipman September 2009 The following is a summary of some of the more controversial bills affecting government lawyers that were considered by the General Assembly in the 2009 spring session. 
Attorney General issues opinions By Lynn Patton September 2009 The following is a summary of official opinion Nos. 09-001 through 09-002 and informal opinions Nos. I-09-001 through I-09-011 that may be of interest to the government bar.
Attorney General issues opinions By Lynn Patton June 2009 A summary of official opinion Nos. 08-001 through 08-004 and informal opinions I-08-023 through I-08-030 that may be of interest to the government bar.
Brief review of new provisions in the ADA Amendments Act of 2008 EEOC invites public comment and input on new regulations for the statute through November 23, 2009 By Eileen M. Geary December 2009 Last fall, Congress enacted the Americans with Disabilities Amendments Act of 2008 , which became effective on January 1, 2009. See Pub. L. No. 110-325, 122 Stat. 3554. In the Act’s Findings and Purposes, Congress stated its intention in enacting the ADA of 1990 that the statute “’provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities’ and provide broad coverage.”
Committee on Government Lawyers presents ethics extravaganza! June 2009 The ISBA’s Standing Committee on Government Lawyers has a worthwhile and lofty goal ... a goal of making ethics seminars for government lawyers informative, fun, and interesting.  
Essay: Law in a time of cholera* By Mary L. Milano December 2009 There was an incredible sense of giddiness in our office a week or two ago. In at least some quarters, one could say it was reminiscent of what most of us recall at the end of the bar exam or getting that first job offer.
Extra work is extra work By Raymond A. Fylstra December 2009 On August 17, 2009, Governor Pat Quinn signed one of the most sweeping revisions of the Illinois Freedom of Information Act (5 ILCS 140/1) (the “Act”) since it was adopted in 1983.
From the Chair By Lisle A. Stalter December 2009 It is hard to believe it is already fall and that a new issue of the newsletter is in the works. It has been a busy couple of months for the Committee on Government Lawyers. The Rules of Professional Conduct Program is set for December 10th. If you have not already registered, now is the time. Take advantage of the special $30 pricing and earn two hours of Professionalism credit.
From the Chair By Lisle A. Stalter September 2009 On July 1, 2009, the Illinois Supreme Court entered an order that repeals the Illinois Rules of Professional Conduct effective January 1, 2010, and replaces them with the Illinois Rules of Professional Conduct 2010.
In-Sites By Kevin Lovellette December 2009 From time to time, the Illinois Supreme Court Committee on Jury Instructions makes changes to the Illinois Pattern Jury Instructions for both civil and criminal cases, or the Committee may amend or update the Comments section on certain instructions.
In-Sites April 2009 A variety of useful links, from tax changes to gardening to Illinois history to waterparks.
It’s okay to expunge things….really By Kathleen deGrasse & Wil Nagel June 2009 This article will provide a working definition of “record of arrest” and set forth the procedures Illinois criminal justice agencies should take when they are served with a petition for and order of expungement.
Judge Wayne Andersen shares practice tips with government attorneys By Kevin Lovellette June 2009 On December 2, 2008, the Office of the Attorney General was honored to have the Honorable Wayne Andersen of the United States District Court for the Northern District of Illinois speak as part of the Office’s Distinguished Speakers Program.
Law school student loan forgiveness update By Colleen Morgan December 2009 On August 25, 2009, Governor Quinn signed the Public Interest Attorney Assistance Act which provides loan repayment assistance to “public interest attorneys.” See Public Act 96-615, effective January 1, 2010. The Act allows for loan assistance of a maximum of $6,000 per year, up to a career maximum of $30,000 in qualified loan forgiveness.
News you can use… By Patricia M. Fallon June 2009 Have you heard about FASTCASE? It is the ISBA’s FREE online legal research service which is available to all ISBA members and included in the cost of your membership. It is an unbelievably cost-effective alternative to Westlaw and/or Lexis.
Parolee search: Is hindsight reasonable? By Adam W. Ghrist June 2009 On February 7, 2008, the Illinois Supreme Court decided People v. Wilson, upholding suspicionless searches of parolees by law enforcement officers
Party challenges denial of FOIA request because party refused to pay $5,500 fee By Mary Ann Connelly September 2009 A summary of the recent case of Sage Information Services and Roger W. Hurlbert v. Gary A. King, Du Page County Clerk.
The powers of the state legislature in filling senatorial vacancies: A federal constitutional authority By Mitchell B. Goldberg April 2009 Under the plain language of the Federal Constitution, the Illinois General Assembly’s power seems to be supreme with respect to establishing or limiting the power of appointment, enabling that body to act without fear of veto or other action by the then-sitting Governor.
Public sector discipline: May 2009 Term of Court By Leonardo Morales September 2009 A review of the case of In re Mills.
Public sector discipline: November 2008 term of the Supreme Court, and some advice to attorneys, judges, and law students By Leonardo Morales April 2009 Given the recent number of substance abuse cases that have been reported in this newsletter, the editors suggest a reminder to all attorneys, judges, and law students of the availability of the Lawyers’ Assistance Program.
Public sector discipline: September 2009 Term of the Supreme Court By Rosalyn B. Kaplan December 2009 In re Gable, Commission No. 08 CH 67, S. Ct. No. M.R. 23234 (September 22, 2009). Jarrett Ward Gable was an Assistant Public Defender in Cook County during the misconduct in question. On May 28, 2006, he was arrested at a music festival in Peoria and was charged with two counts of possession of psilocybin, a controlled substance that acts as a hallucinogen.
Research resources from Illinois Academic Law Libraries By Tom Gaylord September 2009 A handy guide to the websites of many law libraries.
Summary of recent decisions By Hon. Edward J. Schoenbaum June 2009 Recent cases of interest to government lawyers.
Summary of recent decisions By Hon. Edward J. Schoenbaum April 2009 Recent cases of interest to government lawyers.
‘Sunshine on my shoulders makes me happy’—Sunshine on my subpoenas does not: a case summary of Better Government Association v. Blagojevich By Sharon L. Eiseman April 2009 Illinois courts must enforce the legislative policy that “the sunshine of public scrutiny is the best antidote to public corruption[.]”