After Governor Quinn vetoed the appropriation for lawmakers' salaries until they fix the pension system, they responded with a lawsuit challenging his constitutional authority to do so. In the new issue of The Public Servant, newsletter of ISBA's Standing Committee on Government Lawyers, Tiffany Elking looks at the lawsuit and the reasoning behind it.

The plaintiffs make several arguments. The most technical is that the actual line-item veto didn't go far enough, striking only the itemized compensation for members and not the total for their salaries (Elking nicely illustrates this by showing the Governor's strikethroughs). Consequently, "the lump sum for the base salaries [and] additional salary to party leaders" leaves money in the pot that must be used to pay legislators.

And even if the veto passes that test, the plaintiff's argue, it violates Article IV, Section 11 the Illinois Constitution by making salary changes midterm ("changes in the salary of a member shall not take effect during the term for which he has been elected").

But the most compelling argument is an appeal to common sense. "If one branch is able to unilaterally have so much power over another, where would it stop?" Elking asks. "[I]t does not seem to make sense to allow any Governor the ability to suddenly withhold the pay of the legislators based on a single legislative issue....[E]very single issue the legislature deals with is important to someone or some constituent."

The Illinois Supreme Court announced Thursday that Justice Rita B. Garman will be its next Chief Justice, continuing her remarkable and unprecedented journey to the top of the state's judiciary.

Justice Garman was chosen unanimously by her fellow justices to succeed Chief Justice Thomas L. Kilbride, who will leave a notable legacy of achievement when his term as Chief concludes October 25. Justice Garman will become the 119th Chief Justice of the Illinois Supreme Court when she assumes the position beginning a three-year term on October 26.

She will become the second woman in Illinois to be Chief Justice and the second woman to head one of the three branches of government in Illinois. 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.

She first wore the judicial robe in 1974 as an associate judge in Danville in the 5th Judicial Circuit, and will mark her 40th anniversary as an Illinois judge next January 7.

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil case Coram v. State of Illinois and the criminal case People v. Aguilar.

CIVIL

Coram v. The State of Illinois

By Alyssa M. Reiter, Williams, Montgomery & John Ltd.

The Illinois Supreme Court found a way to interpret the state and federal statutory gun control schemes so as to avoid reaching the issue of constitutionality of section 922(g)(9) of the federal act.  The issue divided the Court, resulting in concurring and dissenting opinions.  And, the concurrence suggests that the constitutionality issues will soon arise again.

ISBA President Paula H. Holderman interviews Judge Diane Wood of the U.S. Court of Appeals for the 7th Circuit about issues facing the court. Judge Wood will become the first woman to serve as Chief Judge of the 7th Circuit when she assumes the post on Oct. 1. Watch the video below to hear what Judge Wood had to say.

The strain of deployment isn't just felt by Servicemembers. Military families live with the pressures of war thousands of miles away. Lengthy separations, the realities of single parenting, financial stress, constant worry for loved one's safety and difficult communications takes a toll that is sometimes irreparable.

Military Families need local legal assistance.

What should be a joyful reunion can turn painful when family life becomes an unexpected casualty of war. The life they thought they were getting back, in some cases, has ceased to exist. Military families often need local legal help or mediation to face failing marriages, custody and child support issues, and the division of assets.

Sometimes they need help moving forward.

An attorney from their community who understands the intricacies of the state and federal laws affecting military personnel and family law is the kind of advocate military families need most.

Learn how you can help. 

To sign up please go to – http://militarylegalsupport.com

Are you an attorney, architect, engineer, contractor, or professional working in the construction field? Then don’t miss this informative, full-day seminar in Chicago on October 11^th that’s designed to help you better represent your client’s increasingly complex construction projects! Attendees with basic practice experience who join us for this seminar will better understand: the different types of risks associated with construction projects; the insurance policy coverages and exclusions that apply to construction defect cases; the common commercial general liability insuring issues for personal injury claims; Builders Risk policies; using wrap-up insurance products for construction projects; the insurance requirements and issues for design professionals, including architects and engineers; the concept and enforcement of performance and payment bonds on private and public construction projects; and recognizing the ethical issues and concerns that may arise throughout your construction law practice.

The program qualifies for 6.5 hours MCLE credit, including 1.0 hour Professional Responsibility MCLE credit (subject to approval) and is presented by the ISBA Commercial Banking, Collections & Bankruptcy Section, the ISBA Construction Law Section, and the ISBA Insurance Law Section.

Asked and Answered

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

Q. I am the managing partner in an eight attorney firm in Chicago. We are having problems with office staff members getting along. Office conflict is rampant. Any suggestions?

A. You should begin by identifying some of the causes. Poor communications often can be the root cause of such problems. Interview each of your staff members individually and probe. What do they think? Is communications a problem? Are roles, duties, and responsibilities clarified? Lack of clarity can in these areas can lead to turf wars. You may want to design job descriptions for each employee and clarify roles, duties, and responsibilities for each employee. Conduct short weekly staff meetings to enhance communications. Use agendas. Take and publish notes of the meetings. Advise every one of your expectations including all members working together as team members. Let them know that working together as a team is a performance factor that will be considered in performance evaluations and reviews. Conduct periodic performance reviews. Counsel and take action against problem employees.

Maybe it is time to hire a firm administrator or business manager and let them deal with it.

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Circuit Court of Cook County Chief Judge Timothy C. Evans was elected to a fifth term as chief judge Tuesday by an overwhelming majority of circuit judges voting. His new three year term will begin December 2, 2013.

The results were announced by Judge Raymond L. Jagielski , chair of the Judicial Election Committee, who said Chief Judge Evans ran for re-election unopposed. Other committee members included: Judge Mary Ellen Coghlan, Judge Lynn M. Egan, Judge Marya Nega, Judge Leida J. Gonzalez Santiago, Judge Jane Louise Stuart, Judge Shelley Sutker-Dermer, and Judge E. Kenneth Wright, Jr.

According to Jagielski, the election was held today, September 10, 2013, in the Richard J. Daley Center’s Jury Assembly Room. Jagielski said 239 votes were cast; of those, seven were spoiled and the remaining 232 were cast for Chief Judge Evans.