Kerry Bryson reviews People v. Holmes, handed down Thursday, August 3. 

Round v. Lamb

By Kerry Bryson, Office of the State Appellate Defender

Petitioner Danny Round brought a complaint for habeas corpus, or, in the alternative, for an order of mandamus. Round’s present incarceration is the result of his serving his mandatory supervised release (MSR) term in custody because an acceptable electronic monitoring host site could not be identified. In the instant proceeding, Round sought immediate release, arguing that the sentencing order in his case did not include the 4-year MSR term on which he is presently being held; that even if that 4-year MSR term applies, it started to run when he completed his term of imprisonment on the count with which it is associated and not when he completed a longer, concurrent term of imprisonment; and that his sentence should have been amended to be no more than seven years total. because that was the maximum term he expected at the time of his plea.

It would be difficult to provide a more clear and succinct summary of the court’s analysis of each of Round’s contentions than that provided by Justice Garman, writing for the Court, at the conclusion of the opinion (¶¶ 28-30):

Jeanne Bigham Heaton, ISBA’s Director of CLE, became the president of ACLEA last Tuesday at the association’s annual meeting in Montreal. The gavel was ceremoniously passed to Heaton after she previously served terms as ACLEA’s treasurer and secretary. She will serve as president until August of 2018. Heaton is the first ISBA staff member to rise to the presidency of this preeminent association for continuing legal education professionals.

Heaton joined the ISBA as the director of continuing legal education in November 2006.  As director, she supervises and coordinates the planning, implementation, and delivery of CLE programs for the association.  Before joining the ISBA, she worked as an environmental law attorney with the firm of Hodge Dwyer Zeman in Springfield, where she specialized in regulatory and administrative law issues. 

Prior to private practice, Heaton served as assistant counsel and then acting chief counsel for the Illinois Emergency Management Agency.  She graduated, cum laude, from Indiana University School of Law-Bloomington, completing her last year of law school as a visiting student at the American University Washington College of Law.

ACLEA, which was established in 1964, is an international association for CLE professionals.  While its members are primarily from the United States and Canada, they also hail from the United Kingdom, Australia, New Zealand, Africa, and Mexico. CLE administrators, trainers, managers, educators, publishers, programmers, and meeting professionals make up the membership of ACLEA. 

Gain the momentum you need to run an efficient, competitive law practice in today’s technology-driven environment with this informative full-day seminar in Fairview Heights on September 15, 2017! Learn how to hire and fire employees, manage your data, use technology to your advantage, protect your firm, and handle any HR issues that may arise. In addition, attendees will gain a better understanding of: which iPad tools can help you make the most out of your iPad preparation and presentations; how to make the most of your online research; why hiring the right employees to manage your office is so important (and what to do when a good employee goes bad); how to avoid employee embezzlement through best practice office procedures; the new e-filing requirements; maximizing the efficiency of Illinois Bar Docs in your practice; and much more!

The program is presented by the Illinois State Bar Association and sponsored by the ISBA Mutual Insurance Company and Attorney’s Title Guaranty Fund, Inc. It qualifies for 6.50 hours MCLE credit, including 6.50 hours Professional Responsibility MCLE credit (subject to approval).

Click here for more information and to register.

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 July 2017, there were a total of 954 calls.  ISBA helped people in need of legal services find lawyers in the 31 areas of law.

Here are the results for July 2017:

The Illinois Bar Foundation (IBF) has elected its officers for the organization’s 2017-18 fiscal year. They are: Perry J. Browder, shareholder, Simmons Hanly Conroy, president; Timothy W. Kelly, principal, Kelly Law Offices, first vice president and Deane B. Brown, partner, Hughes Socol Piers Resnik Dym, second vice president. William A. Peithmann, principal of The Peithmann Law Office, was elected third vice president. Mark L. Karno, principal of Mark L. Karno & Associates, L.L.C., was elected as treasurer and Donald R. Tracy, partner at Brown Hay + Stephens, was re-elected as secretary.

The Illinois Bar Foundation, the charitable arm of the Illinois State Bar Association, strives to ensure meaningful access to the justice system, especially for those with limited means, and to assist lawyers who can no longer support themselves due to incapacity. This year, the foundation will distribute more than $750,000. The Illinois Bar Foundation is located at 20 S. Clark St., Suite 910, Chicago, IL  60603. Call (312) 726-6072 or visit www.illinoisbarfoundation.org.

Asked and Answered

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

Q. I am the owner of a five-attorney estate planning practice in Denver. I have four associate attorneys. Three have been with the firm for over 12 years. Last year, an associate that had been with me for many years left the firm and started his own practice. I thought I was paying him well by virtue of a competitive salary and a discretionary bonus in addition to other benefits. I do not want to lose other seasoned attorneys. What should I do to provide more incentives for associates to stay with the firm?

A. Experience and research by our firm and others has demonstrated that the following, in priority order, are the key drivers of associate attorney job satisfaction:

1. Satisfaction with immediate manager or supervisor
2. Opportunities for training
3. Satisfaction with team and coworkers
4. Opportunities for career growth
5. Compensation
6. Opportunities for promotion

While compensation often is considered the primary factor related to associate satisfaction, I often find that opportunities for career growth and promotion play a significant role. Associates do take pay cuts for career growth and promotion opportunities in other firms — or, in some cases, starting their own firm.

Lenovo PCs are back-to-school ready. These ISBA member deals are great for all students and include free shipping, now through September 30, 2017.

Get ready and get set to learn with Lenovo.

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Be sure to check the website often – special offers change frequently.

Remember, these special monthly offers are tailored specifically for you and include: FREE shipping on all web orders, access to energy-efficient green technologies and award-winning service.

We recently launched our new member benefit, Practice HQ. Organized by the lifecycle of a law practice, this one-stop microsite houses together high-quality practice information in one place.

Once you've opened your firm, developed a marketing and retention strategy to build your client base, and learned the ins and outs of managing your practice, you can focus your energies on safeguarding your practice. In the face of disruptions — natural or man-made — you have to be prepared to keep your clients' data, firm, and employees safe, and recover quickly from unpredicted circumstances. For members who are interested in developing a plan to protect a practice, Practice HQ offers the tools you'll need. 

A recent court order (http://bit.ly/2rkz8A6), which amends the court's January 22, 2016 mandatory e-filing order, requires circuits with existing e-filing programs to switch to the statewide eFileIL system by July 1, 2018. The original order had not set a specific date, but said that one would be announced in the future.

Another change wrought by the amendment is that all courts must make their case documents and information available to a new statewide remote access system known as re:SearchIL. However, this does not mean that attorneys and the public will have immediate access to the new system. The high court has stated that implementation and access will progress at a pace that it sets.

Initial access will only be provided to judges, clerks, and court officials. The amended order says that attorneys and the public will ultimately gain access -- re:SearchIL "is designed to serve as an online remote access system similar to Pacer in the federal courts."

Before that can happen, "a remote access policy needs to be fully vetted and approved by the supreme court," Madison County Chief Circuit Judge David Hylla says. The high court's e-Business Policy Advisory Board, of which Hylla is chair, is working to recommend a policy, he says. He expects that re:SearchIL will be "available to the bar and the public soon after all or nearly all courts are integrated with the central [Electronic Filing Manager.]"

There will be a predetermined document access fee (much like Pacer). The amended order says that the fee will be paid in full to the circuit court owning the case documents-so long as the court has migrated to eFileIL.

The ISBA Board of Governors voted at its July 21 meeting to ask the Illinois Supreme Court not to require self-represented litigants to use the e-filing system that launches in January until the impact of mandatory e-filing on nonlawyers can be studied and addressed. Speaking on behalf of the proposal, Board member Angelica Wawrzynek of Mattoon noted that no other mandatory e-filing state requires pro se litigants to file cases electronically and that two-thirds of civil cases filed outside Cook County in 2015 included at least one self-represented litigant.

In other action, the Board

● agreed to join the American Academy of Matrimonial Lawyers in filing an amicus brief in In re the Marriage of Goesel, 2017 IL App (3d) 150101. The ISBA/AAML brief will support the court’s ruling that earned and paid legal fees are not available for disgorgement as part of an interim fee award under the Illinois Marriage and Dissolution of Marriage Act;

● approved an ethics opinion stating that an in-house lawyer may provide legal services to multiple subsidiaries of the same corporate parent as long as doing so doesn’t otherwise violate the Illinois Rules of Professional Conduct;

● voted to support an ABA resolution that urges states and units of local government to adopt a policy of trapping, neutering, vaccinating, and returning stray cats to the community;