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Welby appointed federal public defender for the Southern District of Illinois

Posted on February 9, 2017 by Mark S. Mathewson

Chief Judge Diane P. Wood of the United States Court of Appeals for the Seventh Circuit recently announced the appointment of Stephen R. Welby as Federal Public Defender for the Southern District of Illinois headquartered at East St. Louis.

Welby earned his bachelor’s degree from St. Mary’s University in San Antonio, Texas and his law degree from Washington University School of Law in St. Louis, Missouri where he was on the Washington University Law Review and the Jessup International Moot Court team. He was both Order of the Coif and Order of the Barristers. He is admitted to practice law in Illinois and Missouri.

He has been in private practice focusing on criminal law for the last 13 years. Prior to that he was an Assistant United States Attorney in the Eastern District of Missouri.

Welby has been a guest lecturer in ethics classes at Washington University School of Law and at the FBI Academy in Quantico. He is on the Criminal Justice Act panel of lawyers for the United States District Courts for the Southern District of Illinois and the Eastern District of Missouri. He has been on the planning committee for the Eastern Missouri Criminal Justice Act Panel Annual Training Seminar and was a past Member of the Eastern Missouri Magistrate Judge Selection Panel.

He is a member of the Illinois Bar Association, Missouri Bar Association, National Associations of Criminal Defense Lawyers, Missouri Association of Criminal Defense Lawyers, Bar Association of Metropolitan St. Louis and National Trial Lawyers. He has served as district chairperson and member of the board of directors for the Boy Scouts and was involved in starting five new Cub Scout packs in economically-challenged areas of St. Louis.

Land of Lincoln Legal Assistance Foundation seeks staff attorney

Posted on February 9, 2017 by Mark S. Mathewson

LAND OF LINCOLN LEGAL ASSISTANCE FOUNDATION, INC.

NOTICE OF JOB OPPORTUNITY

POSITION: STAFF ATTORNEY at the Northern Regional Office of Land of Lincoln Legal Assistance Foundation.

RESPONSIBILITIES: Representation of low-income persons in routine and complex family law litigation, particularly for victims of domestic violence, represent homeowners who need legal assistance to avoid foreclosure.

QUALIFICATIONS: Admission to the Illinois Bar and demonstrated commitment to the representation of low-income individuals. Prior legal services or clinical work experience strongly preferred.

PROGRAM DESCRIPTION: Land of Lincoln Legal Assistance Foundation is a non-profit organization which provides free legal services to low-income individuals in central and southern Illinois.  The program has a strong history of high quality and innovative advocacy for its clients. The Northern Regional office is located in Springfield, Illinois.

SALARY: $45,000+ with license (depending on experience).  Excellent fringe benefits.

APPLICATIONS: Send resume, letter and writing sample to:

Lauren J. Pashayan, Managing Attorney

Land of Lincoln Legal Assistance Foundation, Inc.

3085 Stevenson Drive, Suite 202

Springfield, Illinois 62703

217-529-8400

lpashayan@lollaf.org

EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER

Candidates report for 2017 ISBA election

Posted on February 8, 2017 by Douglas Knapp

Third Vice-President   (1 to be elected; 2 candidates)

  • Lisa M. Nyuli      1
  • Dennis J. Orsey      2

ISBA-backed legislation would require notice of immigration consequences of guilty pleas

Posted on February 8, 2017 by Mark S. Mathewson

A proposed bill that is an initiative of the ISBA's International and Immigration Law Section Council would amend the Code of Criminal Procedure to improve compliance with a current law that requires judges to notify defendants of the immigration consequences of guilty pleas. The current law, found at 725 ILCS 5/113-8, requires judges to advise defendants that a misdemeanor or felony conviction may result in deportation, exclusion from admission to the United States, or denial of naturalization. However, since the law's adoption in 2004, it has been unevenly applied across Illinois courts.

In some cases, the required admonition is simply posted in courtrooms. In others, it may be contained in written agreements in court orders. It has not been uniformly given from the bench.

In 2009, the Supreme Court of Illinois found that the statute was directory, not mandatory. See People v. Del Villar (2009). The court reasoned that because the law does not provide a consequence for non-compliance, it is not truly mandatory.

The proposed legislation will add a consequence for non-compliance to make the law mandatory under the Del Villar standard. A defendant who is not given the admonition and who would risk deportation, exclusion, or denial of naturalization as a result of a guilty plea would be entitled to move to vacate the judgment, withdraw the guilty plea, and instead enter a plea of not guilty. Find out more about this and other ISBA-backed legislative proposals in the February Illinois Bar Journal.

Quick Takes for Your Practice: The Illinois Mechanics Lien Act

Posted on February 8, 2017 by Mark S. Mathewson

Chicago lawyer and ISBA Construction Law Section Council member Margery Newman discusses the Illinois Mechanics Lien Act. For the definitive resource on mechanics lien practice, see Turner on Illinois Mechanics Liens.

Best Practice: Law firm partner compensation – collaborative team practice

Posted on February 8, 2017 by Mark S. Mathewson

Asked and Answered

By John W. Olmstead, MBA, Ph.D, CMC

Q. We have a 25-attorney firm based in San Antonio, Texas. We have 15 equity partners. We are equal partners and have equal ownership interests. Our partners are paid based upon ownership shares. Thus, each is paid the same. The system has worked well for us for many years and has supported our team-based collaborative culture. However, we are having issues with non-productive partners, and some of the productive partners feel that the compensation system is no longer fair. Some of the partners have suggested that we move to a formulaic system. Other partners in the firm feel that such a system would destroy the collaborative culture we have built. We appreciate your thoughts.

Statement on judicial independence by ISBA President Vincent F. Cornelius

Posted on February 7, 2017 by Mark S. Mathewson

Illinois State Bar Association President Vincent F. Cornelius issued the following statement today.

It has been covered extensively by the media that President Trump referred to U.S. District Judge James L. Robart as a "so-called judge." An independent judiciary is the bedrock of American jurisprudence. Every federal judge, including Judge Robart, was nominated by a sitting president of the United States and confirmed by the United States Senate. Once confirmed, federal judges are granted life tenure so their appointments are not subject to influence by the president who nominated them, the Senate that confirmed them, future presidents, or the ballot.

While reasonable Americans can disagree with a judge's rulings, questioning the legitimacy of a federal judge is inappropriate. In the words of American Bar Association president Linda Klein, "There are no so-called judges in America."  

 

Statewide pro bono survey underway

Posted on February 7, 2017 by Mark S. Mathewson

The Illinois Bar Foundation is joining the Illinois Supreme Court Commission on Access to Justice, the Chicago Bar Foundation, and the Public Interest Law Initiative in inviting Illinois attorneys to participate in a statewide survey of pro bono activity.

The survey was emailed this week to all registered Illinois lawyers, who are encouraged to fill it out whether or not they regularly do pro bono work. It is open through March 10 and available here,  Responses are anonymous and only reported in the aggregate. Those who complete it are eligible to win a $500 gift certificate.

"The Illinois Supreme Court has a strong commitment to supporting pro bono as a professional responsibility and as a way to meet the legal needs of the poor. In order to address the justice gap, the Illinois Supreme Court ATJ Commission and others need to review how and why attorneys provide pro bono service and what can be done differently to expand services," said Illinois Supreme Court Justice Thomas L. Kilbride, ATJ Commission liaison for the court. "We invite attorneys from all four corners of the State to join us and participate in this survey."

CLE: Housing Justice v. Housing Injustice - Part 2: Landlord Privileges/Defenses and Tenant Rights/Remedies [LIVE WEBCAST]

Posted on February 7, 2017 by Mark S. Mathewson

Don’t miss this four-part series that explores the housing access injustices suffered by individuals and families facing economic challenges across the spectrum and how their communities are being devastated. Part 2 in this series, which takes place as a live webcast on February 22, 2017, examines a number of housing issues, including: housing rights for victims of domestic and sexual violence; “Ban the Box” laws and background checks designed to screen out undesirable tenants; how the abuse of due process rights by landlords can lead to rejection of eligible applicants and eviction of tenants; when landlords can legally exercise their rights to evict tenants; what remedies wrongfully-evicted tenants can pursue; current efforts to educate the public about the legal remedy of expungement; and how the displacement of families from housing affects the quality of life for those families. The series is designed for practitioners in local government, criminal justice, human rights law, education law, family law, real estate, and/or consumer protection law at all levels of practice experience. The seminar is presented by the ISBA Standing Committee on Racial and Ethnic Minorities and the Law, and co-sponsored by the ISBA Standing Committee on Disability Law, ISBA Standing Committee on Women and the Law, and the ISBA Diversity Leadership Council. It qualifies for 2.0 hours MCLE credit.

 Click here for more information and to register.

Illinois Lawyer Finder makes over 1000 referrals in January

Posted on February 7, 2017 by Douglas Knapp

The Illinois State Bar Association's Lawyer Finder Service provides referrals to local lawyers Mondays through Fridays. The Service makes referrals in a number of areas of law. For the month of January 2017, there were 1003 referrals. ISBA helped people in need of legal services find lawyers in the following areas:

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