Legislative updateBy Cynthia I. ErvinGovernment Lawyers, September 2006The spring session of the 94th General Assembly ended on May 4, 2006. Approximately 353 bills passed both houses of the General Assembly.
Attorney General issues opinionsBy Cynthia I. Ervin & Lynn PattonGovernment Lawyers, June 2006Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2004)), the Attorney General is authorized, upon request, to furnish written legal opinions to State officers and State’s Attorneys on matters relating to their official duties.
In-sitesGovernment Lawyers, June 2006The Health Insurance Portability and Accountability Act, what we know as HIPAA, was enacted by Congress in 1996.
Ethics corner: Recent censure of a public sector lawyerBy Rosalyn B. KaplanGovernment Lawyers, April 2006On January 13, 2006, the Illinois Supreme Court censured Justin T. Fitzsimmons for professional misconduct committed during the course of his employment as an assistant state’s attorney in DuPage County.
In-sitesGovernment Lawyers, April 2006Over the years, the Illinois Bar Journal has provided some great research tips for those searching for government agency regulations, policies, interpretive letters, opinions, digests, forms, and other information.
Legislative updateGovernment Lawyers, December 2005The 94th General Assembly convened on January 12, 2005. Approximately 6,198 bills were filed for consideration by the General Assembly.
Veto session updateGovernment Lawyers, December 2005The Illinois General Assembly recently concluded its fall veto session schedule. The following is a brief summary of the legislative action that occurred during the veto session which may be of interest to the government bar.
Case law updateBy Lee Ann SchoeffelGovernment Lawyers, September 2005Rodriguez v. Sheriff’s Merit Comm’n of Kane County., 355 Ill. App. 3d 676 (2nd Dist., February 4, 2005).
Committee on Government Lawyers hosts brown-bag luncheon seminarBy Dion DaviGovernment Lawyers, September 2005On April 29, 2005, the ISBA’s Committee on Government Lawyers co-sponsored the brown-bag luncheon seminar, “What’s Next for a Government Attorney.”
Discipline of public sector attorneys: Some recent dispositions of interest from Illinois and other statesBy Rosalyn B. KaplanGovernment Lawyers, September 2005In re Nelson, Ill. Sup. Ct. No. M.R. 19657 (November 17, 2004). The Illinois Supreme Court ordered a 90-day suspension of Ms. Nelson’s license to practice on the basis of her breach of fiduciary duty to her client and her use of client confidences without the client’s consent, in violation of Rule 1.6(a) of the Rules of Professional Conduct.
In-sitesBy Kathryn A. Kelly & Dion DaviGovernment Lawyers, September 2005All too often we take our writing for granted. We’re lawyers, we rationalize, we know how to write!
Senator Durbin’s efforts to obtain loan assistance for prosecutors and defenders continueBy Patrick J. HughesHuman and Civil Rights, August 2005Illinois Senior Senator Dick Durbin, who has been exceptionally persistent in the efforts to obtain federal student loan assistance for state and local prosecutors and public defenders, is responsible for the introduction of S.1322 including "Part HH-Loan Repayment for Prosecutors and Public Defenders."
Committee on Government Lawyers presents CLE seminarBy Nancy G. EasumGovernment Lawyers, June 2005On March 7, 2005, the Committee on Government Lawyers (CGL) sponsored the seminar, "Basics of the Legislative Process."
Government lawyers loan forgiveness legislation struggles to find supportBy Paul A. LogliGovernment Lawyers, June 2005The current version of the Prosecutors and Defenders Incentive Act, a government lawyer loan forgiveness bill, was introduced in the 109th session of the U.S. Congress by Representative David Scott of Georgia.
Legislation previewBy Lynn Patton & Cynthia I. ErvinGovernment Lawyers, June 2005The 94th General Assembly convened on January 12, 2005. To date, 6,198 bills have been filed for consideration by the General Assembly.
Price v. State of Illinois: complaint against State’s Attorney must go to Court of ClaimsBy Galen T. CaldwellGovernment Lawyers, June 2005In Price v. State of Illinois, 354 Ill. App. 3d 90, 820 N.E.2d 104, 289 Ill. Dec. 596 (2004), the appellate court held that because a State's Attorney is a State employee who was acting within the scope of his employment during a sentencing hearing, the circuit courts lack subject matter jurisdiction to hear actions brought against the State's Attorney and related vicarious liability claims against the State of Illinois arising from acts performed within the scope of the State's Attorney's employment.
Public defender liabilityBy Patrick J. HughesGovernment Lawyers, June 2005In December 2000, the Illinois Supreme Court affirmed that sovereign immunity does not bar an action against the attorneys of the Cook County Public Defender's Office for negligence allegedly committed in the course of representing an indigent criminal defendant, pursuant to an appointment by the circuit court.
Case law updateBy Lee Ann SchoeffelGovernment Lawyers, February 2005Appellate court erred when it approved of trial court's use of contempt petition to order detention of minor defendants in response to violation of terms of court supervision imposed as result of guilty plea to municipal ordinance.
In-sitesBy Rosalyn B. KaplanGovernment Lawyers, February 2005In the November 2003 edition of this newsletter, I introduced you to the ARDC's Web site and told you that portions of the site were still under construction.
News you can useBy Marc Christopher LoroGovernment Lawyers, February 2005A Sangamon County judge has entered an order that enjoins the Illinois Department of Children and Family Services (DCFS) from using lay persons to represent it at its administrative hearings.
The wrong modelBy Andrew H. ConnorCorporate Law Departments, February 2005Item: According to the Spring 2004 edition of The University of Chicago Law School's Campaign Record, "When the tuition of the Law School was $375 per year, new government lawyers were paid $100 per month, or more than three times the tuition rate.
Legislative updateBy Lynn Patton & Cynthia I. ErvinGovernment Lawyers, November 2004The 93rd General Assembly adjourned its spring session on July 24, 2004, following an overtime session that lasted for weeks to pass a State budget.
Case law updateBy Lee Ann SchoeffelGovernment Lawyers, September 2004Arvia v. Madigan, No. 95590 (April 15, 2004). Although facial challenge to "zero tolerance law" (625 ILCS 5/11-501.8 (West 2000)) does not require exhaustion of administrative remedies and is not waived by failure to file administrative review of decision by the Secretary of State to deny motion to rescind summary suspension of plaintiff's driver's license, trial court erred when it held that law violates due process and equal protection.
Whose dime is it anyway? Or, Who cares?By Matt MaloneyGeneral Practice, Solo, and Small Firm, September 2004I was Bureau County Public Defender for almost 10 years.
