View the Illinois State Bar Association's judicial ratings by county for Tuesday's election.

 A recent ruling from the Illinois fifth appellate district has taken what is apparently a first-time approach to civil forfeiture in Illinois by invalidating a seizure based on the Eighth Amendment's excessive fines clause.

In People v. 2010 Harley-Davidson, 2016 IL App (5th) 150035, the fifth district held that the civil forfeiture of a $35,000 Harley-Davidson trike was a violation of the Eighth Amendment. The vehicle's owner, Petra Henderson, was a passenger when her husband, Mark, was arrested and charged with aggravated DUI while driving the vehicle.

Petra raised two issues on appeal: 1) whether she had consented to the use of the motorcycle and 2) whether the forfeiture violated the excessive fines clause. If an individual can demonstrate that a vehicle was used without the knowledge and consent of the owner, then it may not be subject to forfeiture.

In this case, the fifth district found that the weight of the evidence demonstrated that Petra had consented to Mark driving the vehicle. Most observers, however, find the Eight Amendment analysis to be the most compelling aspect of the opinion.

DuPage County attorney Donald J. Ramsell says that the fifth district's ruling is a "breakthrough case" and, to his knowledge, the first in Illinois to find a forfeiture excessive under the Eighth Amendment's excessive fine clause. Ramsell says that there is no "innocent owner defense" to a forfeiture action - even the owner of a stolen car may risk forfeiture if that car is used to commit a crime.

Chief Circuit Judge Kathryn E. Creswell is pleased to announce that following an October 31, 2016 meeting of the Circuit Judges of the Eighteenth Judicial Circuit Court, two finalists for the Office of Associate Judge have been selected and certified to the Illinois Supreme Court. The finalists are seeking to fill the vacancy created by the retirement of Associate Judge Mary E. O’Connor. From these names, the Circuit Judges will select one appointee by secret ballot.

Asked and Answered

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

Q. I am the managing partner of a twelve attorney defense litigation firm in Santa Monica, California. We have four partners and eight associates. Associates are paid a salary. We have several associates that are being overpaid - they are being paid $150,000 - $180,000 and just barely generating $300,000 in working attorney fee receipts. I would appreciate your thoughts.

Please join us at the 19th Annual ISBA YLD Holiday Party. This year's party is in conjunction with the ISBA's Midyear Meeting. Not only will there be warm appetizers, an open bar, and an opportunity to meet young lawyers from across the state, the event benefits a great cause: the Children’s Assistance Fund.

Initially created to assist with the opening of children's waiting rooms in courthouses across the State of Illinois, the IBF/YLD Children's Assistance Fund has since grown, and now provides funding to organizations across the State of Illinois that provide legal assistance to children, maintain children's waiting rooms in courthouses, work to reduce recidivism of juveniles, and/or work to reduce the incidents of domestic violence in families with children.

Justice Rita B. Garman of the Supreme Court of Illinois has begun an application process for an At-Large Circuit Court vacancy in the Fifth Judicial Circuit.

The vacancy will be created by the retirement of Judge Claudia Anderson on November 30, 2016. Judge Anderson has been a Circuit Judge since 1998.

This lively program in Springfield on November 17, 2016 is comprised of scenarios, skits, and group discussions, allowing participants to gather information on how to recognize and resolve violations of the Open Meetings Act. The program demonstrates and discusses the requirements of the Open Meetings Act, as well as how to apply the Act to real world situations. Government attorneys, public officials, and private counsel who attend this seminar will better understand: how to prepare for a meeting; the importance of meeting locations; how to handle the virtual attendance of board members; the issues with meeting minutes and board member voting; public access issues, including virtual access; board member communication concerns, including texting between members; how to handle closed meetings; the limitations on public comments; and much more!

Illinois State Bar Association 2nd Vice President James F. McCluskey was a guest on Stephanie Trussell's show on WLS 890 AM on October 30, 2016 to discuss using judicial evaluations to become informed on judicial candidates prior to the November 8 election. 

Find 2nd Vice President James F. McCluskey's interview with Stephanie Trussell here.

Find the judicial evaluations here.

By Teri Ross, Program Director / Attorney, Illinois Legal Aid Online

Every year, tens of thousands of people in Illinois are forced to resolve their legal issues unassisted. On the one hand, they are unable to afford private legal counsel; on the other hand, they are unable to get help from the overburdened, underfunded legal aid system.

The Honorable Lloyd A. Karmeier was installed Monday as Chief Justice of the Illinois Supreme Court in a ceremony at the Supreme Court Building in Springfield.

Justice Rita B. Garman administered the oath of office. Speakers included Supreme Court Justices Anne M. Burke, Robert R. Thomas and retired Justice Philip J. Rarick.

Chief Justice Karmeier's brother, Del Karmeier, gave the invocation and the Karmeier grandchildren led the pledge of allegiance.

Chief Justice Karmeier, of Nashville, Illinois, is this State’s 120th Chief Justice and the second person from Washington County to hold that office. Justice Byron O. House, for whom Chief Justice Karmeier served as a law clerk, was the first.