The Illinois Supreme Court Access to Justice Commission hosted its second annual Conference on Oct. 23 that brought together more than 300 people from the legal and judicial fields to discuss the impact of pro bono work and evolving pro bono projects on the courts.

Illinois Supreme Court Chief Justice Thomas L. Kilbride opened the Conference and gave an overview of the Commission's work and accomplishments in the past year.

Bryan Stevenson, executive director at the Equal Justice Initiative based out of Alabama, served as the Conference's keynote speaker. A graduate of Harvard Law School and the Harvard School of Government, he has represented capital defendants and death row prisoners in the Deep South since 1985 when he was a staff attorney with the Southern Center for Human Rights in Atlanta, Georgia. He has been recognized by several national publications and organizations as one of the nation’s top public interest lawyers.

Following Mr. Stevenson's address, there were three additional presentations about pro bono programs in Illinois and discussions on how to increase and improve on them.

The elevation of Justice Rita B. Garman to become Chief Justice of the Illinois Supreme Court will be marked by an installation ceremony Monday, October 28 at the Vermilion County Courthouse in Danville.

Justice Garman will become the 119th Chief Justice of the Illinois Supreme Court, the second woman in Illinois to be Chief Justice and the second woman to head one of the three branches of government in Illinois.

"I am honored and humbled to have been chosen by my colleagues to serve as Chief Justice," Justice Garman said. "This office has been held by many great jurists, several of whom I have served with and count among my friends. I welcome the challenges and the responsibility that go with the role of Chief Justice because I know that I can count on the support of my colleagues at all levels of the judiciary and the members of the Illinois bar."

Justice Garman was elected to the Court from the Fourth Judicial District, which is made up of 30 counties that stretch across central Illinois from west to east.

Her selection as Chief Justice on the seven-member Court culminates her long service to the people of Illinois. There are more than 950 judges in Illinois, and Justice Garman has served in the judiciary longer than all of them--except one.

An Honor Roll of more than 140 lawyers in the 3rd Circuit (Madison and Bond counties) were honored at a Pro Bono Luncheon on October 22 in Edwardsville.

From left: Illinois Supreme Court Justice Lloyd Karmeier served as guest speaker; Chief Judge of the 3rd Circuit, David Hylla, welcomed a roomful of attendees; Judge Barbara Crowder chairs the 3rd Circuit Pro Bono Committee, the first to be formed in the state, and is secretary of ISBA's Delivery of Legal Services Committee; and Lois Wood, executive director of Land of Lincoln Legal Assistance Foundation, is chair of ISBA's Delivery of Legal Services Committee.

In a ruling that emphasizes the importance of a "level playing field" in dissolution of marriage proceedings, the Illinois Supreme Court held that a wife could disgorge earned fees from her husband's divorce lawyer in order to pay her own legal expenses.

Both spouses had virtually no access to money, but the husband's family loaned him $8,750 to pay legal fees related to the divorce. He paid the money to his lawyer as an advanced payment retainer that, pursuant to the prior supreme court decision in Dowling v. Chicago Options Associates, Inc., 226 Ill. 2d 277 (2007), was earned by the lawyer upon receipt.

In the case of In re Marriage of Earlywine, 2013 IL 114779, a unanimous supreme court ruled that the public policy behind the "leveling of the playing field" provisions of the Illinois Marriage and Dissolution of Marriage Act require the husband's lawyer to give up about half of his earned fees despite the provisions stated in Dowling that allow for advanced payment retainers. Read more and find out what lawyers are saying about the decision in the November IBJ.

Asked and Answered

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

Q. I am the sole owner of an estate planning firm in Evansville, Indiana. I have three associates that work for me and four staff members. I am 64 and wanting to get started on a succession program - either by forming a partnership with one or more of the associates or with another attorney or attorneys that I might bring into the firm via merger. I have always been on my own so I am a little cautious. I do want to work another eight years or so. What pitfalls should I be looking out for?

Increasingly, drug cases are part of the criminal caseload throughout Illinois. As such, it is important for attorneys to educate themselves on the tools needed for handling these types of cases and to be prepared for the unique issues that drug cases often present. Join us in Springfield on November 14^th or Chicago on November 22^nd! Attorneys with basic to intermediate experience practicing in criminal courts throughout the state who attend this seminar will better understand: the recently passed legislation involving drug and criminal cases; the most common issues involving pre-trial motions in drug cases; search and seizure issues, including the use of dogs to find drugs in homes and vehicles; how to utilize the veteran’s courts to assist your clients; what to expect in drug and other specialty courts; and much more!

The seminar is presented by the ISBA Criminal Justice Section and qualifies for 5.25 hours MCLE credit.

Click here for more information on the Springfield program.

Click here for more information on the Chicago program.

The Illinois State Bar Association, along with the ISBA Delivery of Legal Services Committee, is proud to participate in this year's National Celebrate Pro Bono Week from October 20 through October 26, 2013, and invites all ISBA members to get involved.

National Celebrate Pro Bono Week aims to expand the delivery of pro bono legal services and increase access to justice.  At a time when so many Illinois families are struggling, legal services can make a real difference in people's lives.  I call on all ISBA members to get into the pro bono spirit and consider incorporating or increasing pro bono services in your practice. If you are able, please donate the time to accept a new pro bono client; or consider making a financial contribution to an Illinois legal aid provider in your area.

I also encourage you to take advantage of our Pro Bono Bootcamp, a CLE program in Rockford, IL on Friday, October 25.  This program is free to all attendees who commit to taking just one pro bono case.  For more information, please visit: http://www.isba.org/cle/2013/10/25/probonobootcamp. 

Our panel of leading appellate attorneys review Friday's Illinois Supreme Court opinions in the civil cases Skokie Castings, Inc. v. Illinois Insurance Guarnty Fund, Performance Marketing Association, Inc. v. Hamer, The Board of Education of Peoria School District No. 150 v. The Peoria Federation of Support Staff, Relf v. Shatayeva and Prazen v. Shoop.

Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund

By Karen Kies DeGrand, Donohue Brown Mathewson & Smyth LLC

The Illinois Supreme Court finds no distinction between primary and excess workers’ compensation policies in applying the workers’ compensation exception to the statutory cap of the Illinois Guaranty Fund.  The court ruled in favor of an employer obligated to pay lifetime benefits to a seriously injured employee, where the employer’s excess insurer became insolvent.