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THE DOCKET the Official Publication of the Lake County Bar Association August 2005 • Vol THE DOCKET The Official Publication of the Lake County Bar Association August 2005 • Vol. X, No.8 LCBA Criminal Law Seminar Annual Conference Paris Hotel - Las Vegas, Nevada OFFICE COpy NOT FOR DISTRIBUTION Save the Date October 6-9, 2005 Registration Form Inside pedP' ':fJlilfA'{t I"' ,~, ,t .. ~,~ ... ·.·u L'j.· I :' ,,.."" ~v " YOUR ADVOCATE ON CAPITOL HILL. As a real estate attorney, you protect your clients' interests. But who protects yours? Legislation and industry changes pose serious threats to your livelihood. ATG is committed to preserving and promoting your role in the real estate transaction. We lobby on your behalf with state and federal lawmakers and actively work to keep the public informed about home-buying issues. Protect your practice and join ATG. In addition to promoting the interests of the real estate bar, ATG offers resources and services to help you grow' your practice and run it more efficiently. ATTO R.N EYS ' Make your voice heard while you improve TITLE your bottom line. Join ATG today. GUAR.ANTY FUND, 800.252.0402 WWW.ATGF.COM INC. Champaign I Chicago Loop I Chicago North Side I Homewood I Libertyville I Lombard Mt. Prospect I North Riverside I Oak Lawn I W heaton I l:}elleville I Madison, Wis. {DThe Docket The Official Publication of the Lake County Bar Association August 2005 3 On the Schizophrenic Relationship Between Bench and Bar ......................... .Deborah L. Goldberg, President 5 Chief Judge's Page ............................ ................................................... Hon. Christopher C. Sta rck, Chief Judge 7 Real Estate Case law Update: Eminent Domain Issues ......... ................................................ Sreven B. Bashaw 15 Asset Protectio n Changes by the New Bankruptcy Act ............................................................ Roberr}. Kolasa 19 Annual Report of the Ombudsman Program, 2004-2005 ............ ................. Robert S. Smirh, Jr., Ombudsman 21 Getting a Divorce and Your Spouse Wants a Portion of Your Military Pension Benefit ...... Ga rrick C. Zielinski 23 Brokerage Firms Attempt to Clarify the Confusing Roles and Responsibilities of Their Brokers .................................................................. ................ james ]. Eccleston 25 Reporting of Pro Bono Activities .. .. ...... .. .................................... ........................................ Ann Buche Conroy 27 Doing Business at the library ............................... .................................................................. David E. Bender 29 Abacuslaw... Practice Specific Case Management for Your Firm's Needs ................................... Alan Pearlman 31 Civil Trial and Appeal Committee Annual Seminar and Golf Outing at Grand Geneva Resort, lake Geneva, Wi .............................................. .............................. Scotc B. Gibson 33 FYI: Class Settlement on Cellular Taxes .. .................................................... ... Submitted by Clayton P. Voegtle 39 Coroner visits Association of Women Attorneys of lake County " "'\ , lhe Lake County Bar Association Advertising Bar Bulletin Board 0" Sill: Twelve 7 North County Street . Waukegan, Illinois 60085 Rates Issue !ill!.< ~ (847) 244-3143 ' (847) 244-8259 FAX Up to 5 lines 525 1/81h Page 550 545 540 6 to 10 lines 535 2004/2005 Executive Board Quarter Page 590 560 570 11 to 15 lines 540 fl Deborah Goldberg - President Half Page S13S S120 $105 Robert S. Smith, Jr. - 1st VIce-President Full Page $230 5205 5180 161020 lines $45 Fredric Bryan Lesser - 2nd VIce-President Treasurer To place an ad or for information on advertising rates, call (847) 244-3143. Stua rt A Reid - Deadline: first day of month preceding the month of publication. All submissions Bryan Winter - Secretary must be made on diskelle format accompanied by a hard copy. Diskettes are Bemard Wysocki - Immediate Past Pres. returned 10 7 N. County Street, Waukegan, and if nol retrieved by the author! owner within thirlY (JO) days of publication, become properly of the lake County Photographer 2004/2005 Ed~orial Board Bar Associat ion. Gary Schlesinger Karen Fox & Daniel 5hanes - Co-Editors The Dodel is the official publication of the lake County Bar Association, 7 N. Ann Buche Conroy Ed~orial Coordinator County Street, Waukegan, Il 60085 (847) 244-3 143, and is published monthly. James DeSanto Karl Newyear Subscriptions for non-members are $45.00 per year. Hon. Mitchel l Hoffman Staff Reproduction in whole or pari without permission is prohibited. The opinions Richard Kopsick and positions stated in signed material are those of the authors and not neces­ Amy D. Da rl ing sarily those of the Assoc iation or its members. At! submitted manuscripts are con· James Simonian Executive Director sidered by the Editorial Board. All letters to the editor and articles are subjecl lO Hon. jane Waller editing. Publi cation of a~vertisements is nol to be construed as an endorsement t-Ion. Diane E. Winter Melissa E. Brown of any product or service advertised unless otherwise staled. Executive Assistant / " Page 2 The Docket August 2005 LAKE COUNTY BAR ASSOCIATION "BROWN BAG" SEMINAR Thursday, August 25, 2005 12:00 p.m. to 1:30 p.m. Lake County Courthouse 18 N. County Street, Waukegan, IL Courtroom C-201 Intellectual property basics: From the client to the court Presented by: Mr. Lawrence Steingold Querrey & harrow, ltd. No Written Materials will be provided LCBA Members: B.y'O.L. (bring your own lunch) NO CHARGE FOR SEMINAR Or just $8.00 & order your lunch from County Street Cafe Non-Members: $23.00(seminar w/lunch) $15.00 (SEMINAR FEE) When ordering lunch please use form below RESERVATION DEADLINE IS TUESDAY. AUGUST 23. 2005! ALL LUNCH ORDERS MUST BE PAID FOR IN ADVANCE Lunches will consist of a sandwich, chips, cookie and a beverage. Enclosed please find $ for a box lunch/seminar fee for the Lake County Bar Association Brown Bag Seminar on Thursday, August 25, 2005. Name: ___ _ _ _________ Phone:__ _ ____ ___ Circle Lunch Selection: Circle Drink Selection: Turkey Tuna Ham Roast Beef Coke Diet Coke Sprite Make Checks Payable and Return to: Lake County Bar Association· 7 N. County Street· Waukegan, IL 60085 August 2005 The Docket Page 3 On the Schizophrenic Relationship Between Bench and Bar by Deborah L. Goldberg, President 1:1 I am not a mental health professional, it sure does explain a lack of confi­ of the Bar are distressing. do not play one on television and dence which is inevitably transmitted Here's my particular problem: I Ihave no visions of visiting one, to the public. can't think of a better method. What except socially. Quite honestly, I don't This is hardly a unique thought we ca ll merit se lection is ripe for poli­ really mean schizophrenic, but "Iove­ either, is it? We have been whining tics, cronyism and undue influence hate" is childish and not appropriate, since time immemorial about the way from the politicians. But, then, so is and if I write "Janus-like" or Judges are chosen. A former and very election. The latter may be even Manichaean, you'll have no idea what beloved Bar President was once so worse, as money and advertising I'm talking about. So, schizophrenic it angry about it that he was the driving would then playa role, not to mention w ill be. The relationship between the force behind a movement which the partisan instincts of an uninformed Bench and the Bar is schizophrenic would have inhibited Judges' activities electorate. So, what alternative does and that's not necessarily a negative in the LCBA. I will probably pay for that leave? I suppose making the cur­ thing. this at the Breakfast Club in th e Sky, rent method a bit more professional A little tension is not a bad thing. It but I will now admit that I voted and less political is one alternative. keeps us all sharp and on our toes. against it. I have never believed in We in the Bar are doing our part: We're Tension is not the same thing as second class citizenship for anyone, revising the policies and procedures to antipathy. While we are professionals and I felt we would be the poorer for it. make the candidates' options and rat­ and do not play games, nonetheless, I also never held the same belief that ings a bit clearer; the membership of our litigation does have a winner and a the Bar was a road to the Bench, which the Se lection and Retention Committee loser and we need an arbiter. The was one of his issues. is rotated per th e Bylaws every year, so arbiter needs to be fair, even-handed He was right, though. Whatever some of the more experienced veterans and disinterested. He or she also may divide Bench and Bar begins with will rotate out, opening up for fresh needs to know what he or she is doing. the lousy method of chOOSing Judges. It perspectives; we are always looking at Sometimes, he or she needs to be is demeaning, undignified and fraught the application contents and proce­ instructed. It is incumbent upon the with favoritism. By definition, this dure, bearing in mind the State instructors to be honest, accurate and means that the best candidates may not requirements. respectful. All of this is a big "duh," necessarily apply, let alone make it isn't it? It doesn't explain the occa­ I guess this is an invitation for the through. As I write this in mid-June, Bench to review its customs as well. sional flare ups of resentment which we're smack dab in the middle of this While I am thrilled to death with the emanate from both sides of the bench. process. Some of the candidates are current crop of "baby judges," (proba­ That's because our relative posi­ experienced, well rounded and gifted, bly because I'm old and came up tions are not the real issue. The real but others are lacking. There are rumors through the ranks with most of them issue is not the Judges, but that the way that the outcome is already decided. and know them personally), I have we choose Judges is awful and does The Bar is awaiting the usual dismal trepidation that institutionally there is not always pave the way for the best return of Bar poll responses.
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