Chief Justice Thomas L. Kilbride of the Illinois Supreme Court and Chief Judge Ann Callis of the Third Judicial Circuit announced Thursday that news cameras will be allowed in the criminal trial courts in Madison County under a pilot program approved by the Supreme Court earlier this year.

The Third Circuit follows the 14th Judicial Circuit in the Quad Cities area where extended media coverage has already been implemented under the experimental program, as well as the 21st Circuit which received approval last week for allowing news cameras at criminal trials in Kankakee County.

“I congratulate Chief Judge Callis for moving her circuit forward in this experimental program,” said Chief Justice Kilbirde. “Madison County and the surrounding area is known for a vibrant and energetic brand of media. Because of its proximity to St. Louis, it will provide the pilot program with input from metropolitan TV and radio stations, who are already accustomed to camera coverage in Missouri courts.

“The pilot program is proceeding in the 14th Circuit where still or video cameras have already recorded actual court proceedings in Rock Island, Henry and Whiteside counties. In the 21st Circuit, Chief Judge Kathy Bradshaw Elliott has met with media in the Kankakee and Chicago area and expects to implement camera coverage shortly. As the pilot project goes forward in another geographical area of the state, the most important issue is to continue to balance carefully the goals of greater openness and access with dig-nity for the process and the guaranteed rights of defendants to a fair trial.”

By Joseph R. Marconi[1]

The Rules of Professional Conduct now requires attorneys to provide consent for the banks holding client funds to automatically report overdraws to the ARDC. This is an early detection system for possible financial malfeasance and a call for more discipline in managing and accounting for client funds.

Illinois Rule of Professional Conduct 1.15 requires attorneys to hold client property in an interest-bearing trust account separate from the attorney’s own property.  These accounts include Interest on Lawyers Trust Accounts (IOLTAs) and non-IOLTA trust accounts.  In an article from last year, In “Eligible” IOLTAs We Trust, we noted some of the September 2011 changes to this rule. One of the more significant changes to Rule 1.15 is the automatic overdraft notification provision, Rule 1.15(h).  The rule requires the financial institution at which the trust account is established to promptly notify the ARDC if a trust account is overdrawn, regardless of whether or not the instrument is honored.

To implement the reporting requirement, the rule mandates that all attorneys admitted to practice in Illinois “shall, as a condition thereof, be conclusively deemed to have consented to the reporting and production requirements mandated by this Rule.”  Likewise, to be eligible to offer client trust accounts, financial institutions must agree to comply with the reporting requirement.

Asked and Answered

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

Q. Our firm, a 17 attorney firm in St. Louis, Missouri, is having a major problem with client defections. We practice in the area of insurance defense exclusively. We have lost several insurance company clients and for those that we are working with - our case assignments are dwindling. Do you have any thoughts or suggestions?

It's a lawyer's nightmare that has been cussed and discussed for centuries (see, e.g., David Mellinkoff's classic The Conscience of a Lawyer). When can you withdraw if your client lies on the stand or says he will? Can you reveal your client's perjury? Must you? In the latest ISBA Traffic Laws and Courts newsletter, criminal defense attorney Juliet Boyd explores various frightening but fascinating scenarios in light of the ethics rules and some recent cases.

Not a member of The Traffic Laws and Courts Section? Join here.

ISBA’s Board of Governors has adopted a resolution reaffirming its opposition to fee splitting with non-lawyers and the ownership of law firms by non-lawyers. Both issues are under active consideration by the ABA Commission on Ethics 20/20 and could come before the ABA House of Delegates this August. ISBA leaders intend to introduce its resolution, along with support from other bars, at the same time.

President-elect John E. Thies presented the resolution at the March 9 meeting of the ISBA Board in Quincy. He noted that the proposed changes in the ABA Model Rules of Professional Conduct run counter not only to ISBA policy but also to ABA policy established in 2000 that stated: “The law governing lawyers that prohibits lawyers from sharing legal fees with non-lawyers and from directly or indirectly transferring to non-lawyers ownership or control over entities practicing law should not be revised.”

Earlier in 2000, ISBA’s Assembly adopted a report urging the ABA House to reject proposed changes to permit sharing of fees with non-lawyers and ownership of law firms by non-lawyers. That policy remains in effect.

Chief Justice Thomas L. Kilbride of the Illinois Supreme Court and Chief Judge Kathy Bradshaw Elliott of the 21st Judicial Circuit announced Friday that news cameras will be allowed in criminal trial courts in Kankakee County under a pilot program approved by the Supreme Court earlier this year. The 21st Circuit becomes the second circuit in Illinois approved by the Court for cameras in the courtroom and will join the 14th Judicial Circuit where extended media coverage has already been implemented under the experimental program.

"I am very pleased that Chief Judge Elliott has applied and has been approved by the Supreme Court to take part in the project," said Chief Justice Kilbride. "I'm informed that the Chief Judge has met with stakeholders in the courtrooms and that they, too, have expressed not only their interest but their enthusiasm for the program.

"The pilot program has been proceeding in the Quad Cities area with the cooperation of the media, judges, courtroom and county personnel for more than a month," said Chief Justice Kilbride."This will be another step to see if we can carefully balance the goals of greater openness and access with the guaranteed rights of defendants and parties to have fair proceedings."

The 21st Circuit is comprised of Kankakee and Iroquois counties, but for now Chief Judge Elliott asked that the experimental program proceed only in the criminal courts in Kankakee County to provide a model before it is expanded to other courtrooms in the circuit.

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. This week he covers Senate Bill 3792 (Mechanics Lien Act), Senate Bill 3359 (Sex offenders), Senate Bill 2953 (Recording of title instruments), Senate Bill 2952 (Statute or repose for attorneys), Senate Bill 3823 (Sanctions for visitation violations) and Senate Bill 3234/House Bill 4695 (Debtors' Prisons). More information on each bill is available below the video.

The Illinois State Bar Association's Young Lawyers Division will host its Annual Bean Bag Party and Tournament on Saturday, March 10, from noon to 4 p.m. Please join us in supporting this event to benefit the Illinois Bar Foundation/YLD Children’s Assistance Program. The YLD Children's Assistance Fund is a special fund of the Illinois Bar Foundation, a 501(c)(3) charitable entity.

• When: Saturday, March 10, 2012 from noon to 4:00 p.m.
• Where: Mahoney’s Pub and Grille, 551 N. Ogden Ave. (on Ogden near Grand),Chicago
• What: Appetizer bar and domestic draft beer, mixed well drinks and soft drinks
• Cost: $35 per person per wristband or $100 for entrance fee for Bean Bag Tournament for a team of two with two wristbands. You must be 21 years old and older to participate.
• Deadline: Bean Bag Team registration and wristband registration open until Friday, March 9 at noon and thereafter wristbands can be purchased at the door the day of the event
• Register at www.isba.org/sections/yld/beanbag

Prizes will be given to the first and second place teams. Questions? Contact: Matthew Coleman, mcoleman@ridgeassoc.comor or Elizabeth McKillip, Elizabeth.mckillip@icemiller.com.

The Illinois Bar Foundation will honor ISBA Past President Irene Bahr and Jim Reichardt at the DuPage County Chapter Fellows Reception.

This event will be held on Thursday, March 22 at Maggiano’s Little Italy in Naperville. For further information, please call the IBF at 312.726.6072, or visit www.illinoisbarfoundation.org.

In Reliable Fire Equipment Co. v. Arredondo, the Illinois Supreme Court abandoned a rigid two-factor test for determining what a “legitimate business interest" is for purposes of deciding whether an employment covenant not to compete is too restrictive. The court replaced the old test with a much more flexible standard. It's a big change in an important area of the law. Learn more from this in-depth review in the latest issue of The Corporate Lawyer, newsletter of the ISBA Section on Corporate Law.