In re M.A.

By Kerry J. Bryson, Office of the State Appellate Defender

When she was 13 years old, M.A. used a knife to cut her 14-year-old brother after a physical altercation between them.  As a result, she was adjudicated delinquent of aggravated domestic battery, aggravated battery, and domestic battery.  On appeal, she challenged the registration provisions of the Violent Offender Act on various constitutional grounds.

Asserting an equal protection violation, M.A. argued that juvenile violent offenders were similarly situated to juvenile sex offenders.  The Court rejected that assertion, citing to the legislative history of both the Sex Offender Registration Act (SORA) and the Violent Offender Act (VOA).

In September, the Honorable Harry J. Leinenweber announced his verdict in the federal bench trial of Chicago criminal defense attorney Beau Brindley and his law partner, Michael Thompson. Judge Leinenweber acquitted Brindley and Thompson on all counts, finding that the government had failed to prove its case.

Brindley was accused of coaching witnesses to lie under oath, obstruction of justice, and conspiracy. The 21-count indictment focused on six federal criminal trials where Brindley was defense counsel.

Preparing clients and witnesses for trial is an essential part of an attorney's practice. But what are the limits? Where does rigorous preparation leave off and improper coaching begin?

Thomas P. McGarry, a partner at Hinshaw & Culbertson LLP, represents lawyers and their professional liability insurers. He says that the question of how far a lawyer can go explaining to the client the impact on the case of a question and its answer is organic - there is no bright line. Find out more in the November Illinois Bar Journal.

Our panel of leading appellate attorneys review Wednesday's Illinois Supreme Court opinions in the civil cases Price v. Philip Morris, Inc., The Henderson Square Condominium Association v. LAB Townhomes LLC and Folta v. Ferro Engineering.

Price v. Philip Morris, Inc.

By Michael T. Reagan, Law Offices of Michael T. Reagan

Holding that 735 ILCS 5/2-1401 does not authorize a circuit court to vacate the judgment of a reviewing court, the supreme court vacated the judgments of both the circuit and appellate courts in this latest of many rounds following the entry of a judgment for compensatory and punitive damages in the amount of $10.1 billion following a bench trial in Madison County in March, 2003. Previously, that money judgment of the circuit court was reversed by the supreme court upon a direct review under SCR 302(b). That plurality opinion found that the Federal Trade Commission had specifically authorized the use of descriptors for light cigarettes, thereby effectively barring plaintiffs’ complaint by operation of Section 10b(1) of the Consumer Fraud Act.  There, the supreme court remanded to the circuit court with instructions to dismiss the case, which was done.

The Illinois State Bar Association and the Illinois Judges Association are pleased to invite you to celebrate the profession and consider issues of mutual interest to the bench and bar during our annual Midyear Meeting (and joint meeting with the Illinois Judges Association). 

December 10-12, 2015

The Sheraton Chicago Hotel & Towers
301 East North Water Street, Chicago, Illinois

This year's highlights include:

• Opening + Law School Alumni Receptions
• Luncheon Presentation by Attorney General Lisa Madigan
• Media Talk Program - Speaking on Legal Topics
• Poetry + the Law Program - Remembering to Be Inspired
• CLE Master Series: An American Prosecutor's Story -
• The Holocaust and the Dachau War Crimes Trial
• Friday Reception/Dinner Honoring the Justices of the Illinois Supreme Court, with Featured Speaker Justice Anne Burke

Advanced Registration Deadline: December 4

Hotel Reservation Deadline: November 16

(Room Rate: $155 single/double plus tax)

Click here for more information and to register.

Illinois Supreme Court Justice Thomas L. Kilbride has announced an application process for appointment to a resident Circuit Court vacancy in Rock Island County in the 14th Judicial Circuit.

The vacancy will be created by Circuit Judge F. Michael Meersman's retirement, which takes effect at the close of business on November 30, 2015.

Attorney Ralph Schumann provides an update on changes coming to Real Estate Law.

Asked and Answered

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

Q. I am a new administrator in a 17-attorney law firm in the greater Boston area. I am the firm's first administrator and after the first six months I am struggling. It is unclear whether I am living up to the expectations of the partners and I feel like I am lost. I would appreciate your thoughts.