ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Service tax white paper, Property fraud alert system (House Bill 3672), The Parentage Act (House Bill 1531), Lifetime revocation issue (House Bill 1446) and Court security fee (Senate Bill 804). More information on each bill is available below the video.

Service tax white paper. The Taxpayers Federation of Illinois and the Center for Tax and Budget Accountability issued an issue brief on a service tax for Illinois at a press conference in Springfield yesterday. It recommends that the majority of professional services should be excluded from the Illinois sales tax base. Attorneys were not included in this proposed tax base. From the brief:

Q. I currently represent the buyer of a business. Can I represent the business’s seller in a wholly unrelated matter?

Under the Illinois Eavesdropping Act as it existed prior to March 2014, citizens could be -- and were -- prosecuted for recording the police and other public officials without their consent. The new law, passed in December and codified at 720 ILCS 5/14 et seq., makes it legal to do so in public settings without consent. But other provisions of the law make it easier for police to obtain permission to record private citizens, and the sum total is drawing mixed reviews from different parties for different reasons.

The American Civil Liberties Union of Illinois (ACLU), which successfully challenged the old statute (American Civil Liberties Union of Illinois v. Alvarez, 679 F.3d 583 (7th Cir. 2012)), believes the rewritten law represents "a step forward" in that respect, says Adam Schwartz, senior staff counsel at the ACLU. "It limits the scope of the statute to just private conversations," he says. "If conversations are not private, there is no limit to recording; but if a conversation is private, you need all-party consent…. On the whole, the bill is drawing the line in the right place."

But the new act also provides a fast track for police to conduct surveillance on citizens' private communications if they have reason to believe those citizens will imminently commit one of a number of qualifying offenses, such as drug deals or sexual assaults, in the succeeding 24 hours. See 720 ILCS 5/14-3. Instead of requiring a warrant with approval of a judge, now police need only get the thumbs-up from their local state's attorney in a broader set of instances than in the past. Find out more in the June Illinois Bar Journal.

Associate circuit judges in Illinois outside Cook County have been evaluated in a poll of lawyers conducted by the Illinois State Bar Association. Results are available at www.isba.org/sites/default/files/judicialevaluations/2015%20Associate%20Reappointment.pdf

Associate judges are subject to reappointment every four years. The reappointment is accomplished through the casting of secret ballots by circuit court judges in their circuit. Successful candidates receive votes that tally three-fifths (60%) or greater in favor of their reappointment. Voting will be concluded prior to the beginning of the new associate judge terms. The new term of office for each reappointed associate judge will begin on July 1, 2015 and terminate on June 30, 2019.

Although the decision on associate judge reappointment is made by circuit judges, the ISBA is releasing these poll results to the public, because all judges are public officials and the opinions of their professional colleagues about their performance is of public interest.

ISBA attorneys in each judicial circuit (except Cook County) are mailed a ballot containing the names of every associate judge seeking reappointment in their circuit. Licensed attorneys who are not members of ISBA may request a ballot. Attorneys are asked to respond only if they have sufficient knowledge about the associate judge’s qualifications for judicial office to give a fair, informed opinion. Opinions expressed in the poll are of those attorneys who chose to respond and do not reflect the opinion of the ISBA or the opinion of all attorneys.

Asked and Answered

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

Q. I am the managing partner in a 12-attorney firm in Chicago. We have six partners and six associates. We are a boutique litigation firm. Three of our partners are in their mid to late 60s and should be thinking about retirement, but they seem to be in denial. How do we begin to address this issue?

As part of Member Appreciation Month, our vendor partner Ruby® Receptionist is offering 6 months of FREE virtual receptionist service to 1 lucky member.

Ruby® Receptionists makes stellar impressions and sets your practice apart – at a fraction of the cost of an on-site employee. From their offices in Portland, Oregon, Ruby's live virtual receptionists handle your calls with care – using your custom greeting, transferring calls to you wherever you are, and answering basic FAQs about your firm.

You'll have the peace of mind that your clients will each be treated warmly and professionally by a smart, highly-trained, cheerful receptionist. Best of all, callers think Ruby works in your office.

AVAILABLE ANYTIME… ISBA members can sign up for a free 14 day trial.

After your free trial is over, sign up for 1 of Ruby's 3 different plans and, as an ISBA member, you'll also get the $95 set-up fee waived and 5% off the monthly service.

Do you have some understanding of insurance law, but want greater knowledge on the area, including recent developments in the law? Then join us via live webcast on Wednesday, June 3, 2015 for an in-depth look at several hot topic insurance coverage issues, including: how property insurance policies can impose examinations under oath (EUO) on the insured in the event of loss or damage; the various approaches defendants can take to reduce exposure and the risk of loss, including indemnity agreements and contractual insurance requirements; how courts are addressing policy language in the context of data breaches, hacking, and other cyber issues; and the insurance products designed to specifically address cyber and data risk issues.

The program is presented by the ISBA Insurance Law Section and qualifies for 2.25 hours MCLE credit.

Click here for more information and to register.

The Lawyers' Assistance Program (LAP) will host a volunteer training on Friday, June 26 from 8:30 a.m. to 4:30 p.m. at Loyola University School of Law & the University of Illinois at Springfield.

The purpose of this training is to:

• Learn more about LAP's services
• Better understand addiction and mental health issues
• Learn how to help colleagues and friends.

There is no charge for the training, but goodwill donations are accepted to help defray lunch costs. Limited space - registration required.

To register call the LAP office at 312-726-6607 or email at bmclaughlin@illinoislap.org.

We're celebrating you this month with FREEBIES, PRIZES & DISCOUNTS!

As part of Member Appreciation Month, we are offering current ISBA members 1 Free Section Membership!

Requirements/Restrictions:

• Offer is only good for current ISBA members (2014-2015 bar year.)
• You cannot use this offer on any section to which you already belong*.
• Free section membership is good for the 2015-2016 bar year, therefore you must renew your 2015-2016 ISBA membership for it to take effect.