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Criminal Law & Practice Section MCLE Program Webinar November 9, 2020 12:00 AM – Noon Welcome/Introductions Charles Rohde, Section Chair Noon – 1:00 PM Program Stalking Laws in Illinois including Criminal and Civil penalties with a telling of the true story behind “The Natural”. Jae K. Kwon - Anderson Attorneys & Advisors; and Dean C. Paul Rogers - SMU Dedman School of Law. Speakers’ Bios are attached A discussion about Stalking in Illinois - the criminal offense and civil ramifications including Stalking orders of protection. The CLE will also feature a re-telling of the 1949 Chicago shooting of baseball player Eddie Waitkus, the subsequent legal proceedings, his baseball career and the true-life inspiration for the movie "The Natural". Link to Evaluation The evaluation must be completed in order to receive CLE credit. https://www.surveymonkey.com/r/Criminal11092020 Next Meeting: 12/1/2020 Special Newsletter Motion to Vacate & Expunge Eligible Cannabis Convictions Form Suite Approved for Public Comment –The Administrative Office of Illinois Courts has announced that “Motion to Vacate & Expunge Eligible Cannabis Convictions” draft forms are available for public comment. If you follow the link below, it will take you to the page where you can view the draft forms. Once on this page, you can access the draft forms listed in the box titled “DRAFT FORMS FOR COMMENT”. The public comment period will be open for 45 days. After that time, the commission will review any feedback or suggestions received and make any revisions it deems necessary. http://www.illinoiscourts.gov/Forms/forms.asp Addison Field Court Relocating to Glendale Heights - The 1st Amendment to Administrative Order 20-37 provides that, effective December 7, 2020, the Addison Traffic Court currently being held in the annex rooms of the main courthouse will move into the Glendale Heights facility located at 300 Civic Centre Plaza. Please note the new staggered court times which were implemented to address traffic case backlog. The Glendale Heights traffic court will have entry security with a magnetometer. Approximately November 9, 2020, the Circuit Clerk will begin sending notice to all parties with their new location and time. All those with court dates on or after December 7th will receive this notice. All those currently appearing in court who receive a future court date will be informed of the new time and location by the judge and/or courtroom clerk. COVID Relief Fund The DCBA and the DuPage Bar Foundation have established an assistance fund for lawyers facing personal hardship due to the downturn in work caused by the COVID-19 pandemic. Please help us promote the availability of this fund, and, if you are in need, please submit a confidential application at www.dcba.org/reliefapply. Donations to the fund are also welcome at www.dcba.org/reliefdonate.” Earn CLE Online! DCBA OnDemand CLE is Now Powered by IICLE The Illinois Institute for Continuing Legal Education (IICLE®)and the DuPage County Bar Association (DCBA) are excited to offer a new IICLE®Share collaboration to provide DCBA members a high quality and reliable online learning experience. Members can find the link to The Illinois Institute for Continuing Legal Education (IICLE) on the DCBA website under “Legal Community” → OnDemand CLE → Online CLE Catalog. You must be logged into your DCBA Membership Profile in order to view courses for free or at a reduced price View & Print CLE Certificates through the DCBA Website: Manage Profile -> Professional Development (under content & features) and choose the icon to the left of each meeting to print your certificate directly or choose to have them emailed to you to save to your computer (you MUST be logged in to view this feature) The DCBA Law Practice Management and Technology Section invites you to subscribe to The Friday Files which you can find in the handouts for today’s program. This newsletter consists of links to articles, blog posts, podcasts and technology reviews that will help you improve the management of your law practice. Join the Law Practice Section on your DCBA member profile so you don’t miss this valuable benefit. You can find a catalog of all issues of The Friday Files at www.dcba.org/thefridayfiles. Speakers’ Bios Jae K. Kwon Undergrad: Cornell College, Iowa (BA, History-2000) Law School: DePaul University College of Law (2003) 2003 - 2006 (3 years): Private practice - civil litigation 2006 -2018 (12-years): Prosecutor, DuPage County State's Attorney's Office 1. Misdemeanor Division (2-years) 2. Felony Division (10-years) Special Assignments: a. Narcotics/Major Crimes (4 years) b. Juvenile Justice Division (2 years) c. Arson Task Force (8-years) 3. College of DuPage Fire Investigator Certification Program: a. Lecturer: Constitutional Issues in fire investigation, Search & Seizure. 2018 - Present (2.5 years): Anderson Attorneys & Advisors, Primary area of practice: Criminal Defense, DCFS Investigation/ Appeals, Business Transactions. Advisory Counsel to South Korean Consulate. Dean C. Paul Rogers Paul Rogers is Marilyn Jeanne Johnson Distinguished Faculty Fellow, Professor of Law, and former Dean of the SMU Dedman School of Law where he teaches Antitrust Law and Contracts. He is also of counsel to the Locke Lord law firm in Dallas. He taught many years ago at the Loyola University School of Law in Chicago, where he vividly recalls surviving the Winter of 1978. Rogers has a BA and JD from the University of Texas at Austin and an LL.M. from Columbia University in New York. As an avid baseball historian, Paul has co-authored four baseball books, including two with Hall of Fame pitcher Robin Roberts, The Whiz Kids & the 1950 Pennant (Temple University Press, 1996) and Throwing Hard Easy - Reflections on a Life in Baseball (University of Nebraska Press, 2014) (previously published as My Life in Baseball (Triumph Books, 2003)). He has also co-edited two SABR team histories: The Whiz Kids Take the Pennant – The 1950 Philadelphia Phillies (2018) and The Team That Time Won’t Forget – The 1951 New York Giants (2015). Rogers has published articles and book reviews on baseball and sports history in a variety of publications including The National Pastime; The Baseball Research Journal; Spitball; and Nine: A Journal of Baseball History. He is heavily involved in the SABR bio project, which seeks to have an on-line biography for every player who has appeared in a major league game. The more than 30 bios he has written for the project include those on Eddie Waitkus, Rogers Hornsby, Lefty Gomez, Whitey Ford, Bob Feller, Robin Roberts, and Hughie Jennings. Paul has also served as president of the Ernie Banks-Bobby Bragan Dallas-Fort Worth chapter of the Society for American Baseball Research (SABR) since 2000. 11/6/2020 Jae K. Kwon Anderson Attorneys & Advisors 2150 Manchester Rd. Suite 101 Wheaton, IL 60187 [email protected] (630) 877-5800 1 2 1 11/6/2020 Roy Hobbs Eddie Waitkus - Lefty Pitching Phenom from - Lefty First Baseman, from Nebraska; Massachusetts; - Young Babe Ruth who can - Debuted with the Cubs in 1941; throw it by anyone and hit anything; - Nicknames included, “The Natural,” “Fred Astaire of First - Tryout with Cubs in 1923 at the Baseman,” and “Vitamins”; age of 19.; - Served in the Pacific War during - Shot in a Chicago hotel room by WWII, awarded 4 bronze stars; a stalker woman he met on the train; - Shot in a Chicago hotel room by an obsessed fan, whom he never - Returned to the Majors as a 35- met; year old rookie; - Survived and had an 11-year - Had one great season including MLB career for the Cubs, a heroic game winning walk-off Phillies, and Orioles before HR to clinch the pennant; retiring in 1955; - Settled down with Glen Close - Was a solid player with a career and their son he met for the first BA of .285, and 2x All-Star; time. - Passed away at the age of 53 of cancer 3 Relevant Illinois Laws - Stalking, 720 ILCS 5/12-7.3; - Aggravated Stalking, 720 ILCS 5/12-7.4; - Harassment by Telephone, 720 ILCS 5/26.5-2; - Harassment by Electronic Communication, 720 ILCS 5/26.5-3; - Attempt Murder, 720 ILCS 5/8-4(a), 720 ILCS 5/9-1(a); - Aggravated Battery with a Firearm, 720 ILCS 5/12-3.05. 4 2 11/6/2020 5 STALKING (A) A person commits stalking when he or she knowingly engages in course of conduct directed at a specific person, and he she knows or should know that this course of conduct would cause a reasonable person to: (1) Fear for his or her safety or the safety of a third person; or (1) Suffer other emotional distress. 6 3 11/6/2020 STALKING (cont…) “Course of conduct” - 2 or more acts in which a defendant directly, indirectly, or through third parties, by any action, method, device or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, engages in other non-consensual conduct or interferes with or damages a persons property or pets.” “suffer other emotional distress” – Significant mental suffering, anxiety or alarm.” 7 RELEVANT CASE LAW - People v. Relefrord, 2017 IL 121094 - Unconstitutionality of specific aspects related to “Course of conduct.:” - People v. Ashley, 2020 IL 123989 (2020) - Unconstitutional as related to “threats.” - Threats must be “true threats.” 8 4 11/6/2020 9 Stalking (cont…) (a-3) A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and: (1) at anytime transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of the person; or (2) places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, restraint to or of that person or family member of that person.
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