Timothy Christian Wins NWSBA Mock Trial Invitational;

April 2011

Dedicated to improving the quality of life in ourN communityewsbriefs by inspiring excellence in the practice of law Timothy Christian Wins NWSBA Mock Trial Invitational; Team Members Receive $5,000 in Tuition Waivers from John Marshall Law School Timothy Christian High School’s Team No. 1 took No. 1 honors at the recent Northwest Suburban Bar Association’s 2011 Mock Trial Invitational. Each of the nine members of the Elmhurst school’s team also won $5,000 in tuition waivers to John Marshall Law School, which co-sponsored the 15th annual Invitational, held Feb. 26 in the real-life setting of the Circuit Court of Cook County’s Third Municipal District courthouse in Rolling Meadows. The waivers are good for 20 years. Highland Park High School took second place and those team members received waivers of $3,000 The 1st Place Team, Timothy Christian High School Team 1. each, while members of the third-place Mundelein Each member of the team received a $5,000 tuition waiver from John Marshall Law School. Timothy Christian went on High School team received waivers of $2,000 each. to place 2nd in the State competition. Blake Cecil of Normal Community High School was named “Most Outstanding Attorney” at the invitational. Dan Szoke of Mundelein High waivers for each member of the top three teams. I School was named “Most Outstanding Witness.” look forward to welcoming you to John Marshall Law Fourteen Cook County judges donned their School.” robes on a Saturday morning to preside over the cases NWSBA President Lee DeWald introduced the and 44 NWSBA members/attorneys volunteered their Third District’s new presiding judge, the Honorable time as scoring William Maki. Judge Maki made one of his first pub- Issue Features: judges. lic appearances as presiding judge at the Invitational, Grace Okorie welcoming the students, teachers, visitors, judges and of John Mar- volunteers. President’s Page 3 shall’s Fair “Since this courthouse opened, it’s been a Housing Legal very, very busy place,” he told the crowd. “We’ve Table of Contents 5 Clinic presented handled some controversial cases,” and handled them Family Matters 10 the waivers to well, he said, complimenting the many judges who During This Month 14 the victorious work out of the Rolling Meadows courthouse. students. “I ap- “Mock Trial is a wonderful learning experi- Recent Decisions 16 plaud you,” she ence,” he said to the students about to compete in the Board Meeting 22 told the students. case of the People vs. Grey. In wishing them luck, he Highlights “Based on your added, “To use the baseball adage, you win some, you performance I’m lose some, and some are rained out.” Calendar 28 honored to present these tuition Continued on Page 7 Newsbriefs - 2

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Last month I wrote about Egypt and the affect that social media had on its emerging democracy. This month I write about the madness in Madison (not the “Madhouse on Madison”). 2010 was a historic election at the state level for the Republicans. By adding over 720 legislative seats to their column in the past two years, Republicans easily cleared the 1994 expectations bar. In 1994, they net- ted over 500 seats and the majority in 20 legislative bodies. There are now more Republican state legislatures (3,941) than in any point since they held 4,001 seats after the 1928 election. In Wisconsin, Governor Scott Walker was elected by a majority of the voters in Wisconsin. He cam- paigned on a promise to slash spending and make state government run better. He committed himself to de- livering billions of dollars of tax breaks to corporations while coping with a multi-billion dollar deficit. When Governor Walker took office, he immediately went to work on the budget deficit. Wisconsinites also voted for a majority of Republicans in the Wisconsin state senate races. People in the Badger State wanted fiscal responsibility from their state government. When Governor Walker delivered his Budget Repair Bill, instead of doing their jobs, the Democratic State Senators (14 in number) fled Wisconsin. It was rumored that these State Senators took refuge in the Clock Tower Inn in Rockford, Illinos. These 14 Senators took an oath of office pursuant to the Wisconsin Constitution Article 4, Section 28 which states:

“SECTION 28. Members of a legislature, and all officers, executive and judicial,- ex cept such inferior officers as may be by law exempted, shall before they enter upon the duties of their respective offices, take and subscribe an oath or affirmation to support the Constitution of the United States and the Constitution of the State of Wisconsin, and faithfully to discharge the duties of their respective offices to the best of their ability.”

By abandoning the state, these 14 State Senators have failed to faithfully discharge the duties of their respective offices and to serve their constituents. The very democracy that was cheered in Egypt and the very democracy that we cheer here requires debate on issues; and, when a vote is taken, a cast of that vote whether “Yea” or “Nay”. The missing State Senators do not have the option to thwart our democracy. By doing so, they are saying elections do not matter and the democratic process does not matter. They are the oppressors and the Mubaraks. Do the job of the people because you are there for the people. It is an embarrassment to the very democracy that they claim to hide behind. Get back to work Sena- tors! By the way, who decided on the Clock Tower Inn?

Newsbriefs - 4 THANK YOU! NWSBA would like to thank all its members who Attorneys who volunteer for the Pro Se Court Pro- volunteered to work Pro Se and Court Facilitator gram assist pro se litigants with preparation of in March at the Third District Circuit Court. Your documents and answer general questions regarding time and effort is very much appreciated. small claims, landlord/tenant and divorce cases. The desk is open on Friday afternoons from 1:00 Pro Bono Attorneys: Paternity Attorneys: pm to 3:00 pm or until the last court call is done. Jeffrey Marks Anna Bush Gregory Martucci Anthony Calzaretta The Court Facilitator Program benefits the attor- Clyde Ogg Dianne Ruthman neys as well as the Judges that preside over domes- Andrew Potter Terry Slaw tic relation cases. In addition to assisting pro se Court Facilitator Attorneys: litigants, attorneys who volunteer for this program Robert Boszko are there to help settle all pending Domestic Rela- tion cases. This program takes place on Tuesdays Gary Brunke and Thursdays from 10:00 am - 12:00 pm. We Crystal Bush also need facilitators to assist the paternity call on Miriam Cooper Thursdays from 10:00 am - 12:00 pm. Sandra Coscino Allen Gabe Do your part! Sign up for these important pro- Brian Heise grams and help give back to the community! Patrick O’Day For more information contact Denise Green at Kiley Whitty the NWSBA office, 847-221-2601 or dgreen@ Rebecca Zeilenga nwsba.org.

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NLT | Belvidere | Crystal Lake | Rockford Newsbriefs - 5 Table of Contents Newsbriefs Editor & Chairperson: Title Page Michael A. Meschino Mock Trial Recap 1 Published by: NWSBA President’s Page 3 Production Editor: Julie Barth Thank You’s 4 Deadline to submit: 15th of the month Cub’s Outing & CLE Registration 6 Advertising Rates: Traffic Law Update 8 Call 847-221-2601 Judges’ Night Registration 9 Northwest Suburban Bar Association Family Matters 10 Executive Committee President: Lee F. DeWald Nominating Committee Recommendations 12 Executive VP: Donald J. Cosley First VP: Neil H. Good Editor’s Rant 13 Second VP: Michael A. Meschino During This Month 14 Treasurer: William F. Kelley Secretary: Ronald F. Wittmeyer Mock Trial Photo Recap 15 Executive Director: Julie Barth Recent Decisions 16 Board of Governors “E-Discovery Update” 18 Jay A. Andrew Members in the News 21 Anna Markley Bush Miriam E. Cooper March Board Meeting Highlights 22 Scott B. Friedman Allen S. Gabe Law Day 2011 23 Colin Gilbert Condolences 23 Andrew Haber Thomas Kolodz Senior Celebration Day Volunteer Notice 23 Michael Lightfoot Notes From the Editor 24 Maxwell Petersen Michael Rothmann Call for Associate Editors 24 Nichole Waltz Annual Meeting Registration 25 Immediate Past President: Pub Trawlers Page 26 Scott Barber Bulletin Board 27 Association Attorney: Ilonka Ulrich Calendar 28 Parliamentarian: Jackie LeFevre

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*rEsErvATiONs/TiCkETs ArE NON-rEFuNDAbLE! Newsbriefs - 7 Continued From Page 1 the judges for the Mock Trial event, also presented the trophies and plaques to the victorious students. His first award, named the “South Siders Pride Award”, The Honorable went to a student from Libertyville High School, who Judge William O. Maki, the received a memento of the Chicago White Sox World new Presiding Series season. During a break during the first trial, Judge in the Judge Roti asked the students if they were Cubs or Third District, Sox fans. Discovering the Sox fan, the two began addresses the “extolling the virtues of the Sox and the vices of the students from Cubs,” said Libertyville coach Dennis Duffy. The 28 Illinois high two later discussed the lineup for the coming season schools compet- ing in this years and Judge Roti surprised the student with the special invitational. award. The judge dryly noted it was being given to someone “smart enough to root for a team that’s won the World Series in the past 100 years.” Jay Andrew co-chaired the Mock Trial for NWSBA with Richard Karwaczka chaired the Mock Trial for NWSBA. Andrew thanked John Marshall Law School for its generous sponsorship, and introduced the Cook County judges who donated their time to preside over the students’ cases. At the conclusion of the two rounds of courtroom competition, NWSBA Foundation President Ron Nelson congratulated the schools on a great turn- out, and led the applause for the Mock Trial coaches. “A coach confided to me one year that Mock Trial The Honorable Judge Thomas Roti presents the has more of an impact on his inner-city school than “South Siders Pride Award”. any other program,” Nelson said. “This coach said he wouldn’t miss it. It’s simply too valuable.” The students spent months preparing for the In addition to Judge Roti, judges who par- case, in which Whitney Grey, with a juvenile record ticipated include Sharon M. Sullivan, Robert E. of setting fires, stood trial on charges of committing Senechalle, Jeffrey L. Warnick, Samuel Betar III, arson with the intent to defraud an insurer. Alfred Levinson, Pamela Leeming, John D. Tourtelot, “Mock Trial not only provides teens with a Lauren Edidin, Pamela Loza, Sandra Tristano, Joel positive courtroom experience, but also gives them a Greenblatt, Martin S. Agran and Edward Peitrucha. foundation in the law, including courtroom decorum The NWSBA thanks the Judges for devoting their and traditions,” said Andrew. “Many Mock Trial par- time and talent to this event. ticipants become so enthused that they later go to law school. It’s a wonderful learning experience with the potential to change lives.” More photos can be found on Page 15. Judge Thomas Roti, who with the Illinois Judges Association assisted the NWSBA in organizing Newsbriefs - 8 Traffic Law Update By: Thomas M. Moran

Proper Investigatory Stop The trial court denied Defendant’s petition to rescind. The Appellate Court affirmed ruling that the detention In People v. Geier, No. 2-10-012, ___ Ill.App.3d ___, was reasonable under the circumstances. The court ___ N.E.2d ___, ___ Ill.Dec. ___ (2nd Dist. 2011), stated that the observations of the officer constituted the court held that a traffic stop was proper where reasonable articulable suspicion which properly led all four wheels of a vehicle crossed over the white to an extended DUI investigation. The court further fog line while effecting a left turn. The Geier court noted that it was Defendant’s burden to establish that distinguished its ruling from its previous holding the stop was unreasonably prolonged not the State’s in People v. Leyendecker, 337 Ill.App.3d 678, 787 Burden to establish its brevity. N.E.2d 358, 272 Ill.Dec. 543 (2nd Dist. 2003). In Geier, the court found that the violation was more egregious than the alleged violation in Leyendecker Ineffective Assistance of Counsel because of the road conditions, visibility and duration of crossing the fog line. In People v. Sprind, 403 Ill.App.3d 772, 933 N.E.2d 1197, 342 Ill.Dec. 904 (5th Dist. 2010), the Appellate Imposing Incarceration Court held that there was not ineffective assistance of counsel where defense counsel failed to obtain a Section 6-303(d-3), 625 ILCS 11-6-303(d-3) requires fitness hearing when defendant suffered a mild stroke imprisonment for a minimum of 180 days for a fourth and returned to court one week later for a pretrial or subsequent driving while license revoked when the conference court date. The Court further found that revocation is based on a DUI conviction. A defen- defense counsel’s decision to agree to a stipulated dant convicted of his seventh driving while license bench trial thereby preserving Defendant’s objections revoked sought home confinement instead of prison. to the admittance of blood and urine samples did not People v. Horsman, No. 2-09-0554, ___ Ill.App.3d constitute ineffective assistance of counsel. ___, ___ N.E.2d ___, ___ Ill.Dec. ___ (2nd Dist. 2011) held that electronic home monitoring is not the Collateral Estoppel same as imprisonment. In Hurlbert v. Charles, 238 Ill.2d. 248, 938 N.E.2d 507, 345 Ill.Dec. 68 (2010), the Supreme Court again Detention and Questioning reviewed the three requirements for application of the doctrine of collateral estoppel. Here, after a rescis- Terry stops are permissible provided the officer has sion of a summary suspension was denied in con- reasonable, articulable suspicion of criminal activity. junction with a dismissal of the DUI charge, plaintiff The duration of that stop however must not exceed filed a malicious prosecution case against the arrest- the time needed to effectuate its purpose. In People ing officer and the City of Urbana. The trial court v. Bruni, ___ Ill.App.3d ___, 940 N.E.2d 84, 346 Ill. granted summary judgment to defendant based upon Dec. 84 (2nd Dist. 2010), Defendant was stopped at the finding of probable cause for the arrest at the sum- a sobriety check point. He was subsequently charged mary suspension hearing. The appeal cited People v. with DUI which prompted a statutory summary sus- Moore, 138 Ill.2d 162, 149, 561 N.E.2d 648, 149 Ill. pension pursuant to 625 ILCS 5/11-501.1. Dec. 278 (1990) claiming that collateral estoppel does not apply to summary suspension hearings. Defendant proceeded with his petition to rescind his summary suspension contending that he was The Appellate Court affirmed and the case went to unreasonably detained at the check point thus making the Supreme Court. There, Moore, was distinguished his detention unlawful. At the hearing, the arresting from the present case and the summary judgment for officer stated that Defendant was detained “less than the defendant in the civil case was affirmed. Moore 5 minutes” before being asked to exit the vehicle and still is controlling in that a finding in a summary sus- submit to field sobriety testing. The officer further pension hearing does not bar re-litigation of the same stated that during that time he detected a “faint odor” issue during the criminal proceeding. of alcohol and noticed that Defendant’s eyes were glossy. Defendant further acknowledged that he had consumed one beer. Newsbriefs - 9

The Northwest Suburban Bar Association cordially invites you to Judges’ Night Thursday, April 14, 2011 Rosewood Banquets 9421 W. Higgins Road Rosemont, IL

6:00 pm : Open Bar Cocktails & Hors D’oeuvres 7:30 pm: Dinner

The 2011 Public Service Award Recipient of the 2011 will be presented to Honorable Timothy C. Evans The Honorable Thomas D. Roti Scholarship honored

Music Provided By: The Honorable Gregory Paul Vazquez and His Jazz/Blues Ensemble

RSVP by April 7, 2011 $125 - Members $150 - Non-members (After April 7th: $140 - Members; $165 - Non-Members)

Judges are guests of the NWSBA and will be sent individual invitations

Judges’ Night Co-Chairs: Donald Cosley, Thomas Glasgow and Martin Glink

Name 2011 Judges Night

Address Please select a dinner entrée: Northwest Suburban Beef Chicken Salmon Vegetarian Bar Association Phone 800 E. Northwest Highway Suite 418 Palatine, IL 60074 Method of Payment MC Visa Check

Phone: 847-221-2601

Fax: 847-221-2844 Credit Card # Exp. date 3 Digit Code [email protected] www.nwsba.org Billing Address on Card Newsbriefs - 10 Family Matters by: Michael A. Meschino

Third Party Practice in Divorce plaintiff shall do so by an appropriate pleading. When a counterclaim is filed against a party, the I have always thought that divorce cases do not have party may in like manner proceed against third some of the flavor of other civil litigation cases be- parties. Nothing herein applies to liability insur- cause of the fact that there is usually just a one-to-one ers. dispute between the husband and the wife. However, occasionally, the wife or husband will spice up the (c) An action is commenced against a new party proceedings by having a relative or significant other by the filing of an appropriate pleading or the hold property or financial assets on their behalf. This entry of an order naming him or her a party. may have been going on for a long time before the Service of process shall be had upon a new party dissolution case started. There are two interesting in like manner as is provided for service on a tools in the Code of Civil Procedure that are to be uti- defendant.” lized in this type of a case. The first is Section 2-406 of the Illinois Code of Civil Procedure. This Section Why would you use this type of a procedure? Sup- is entitled “Bringing in new parties – Third-party pro- pose that your spouse has made a transfer of some ceedings”. Section 2-406 states the following in full: or all of his assets to either his business partner, his brother, or the most likely suspect, his mother or “Bringing in new parties—Third-party proceed- father. The way to bring justice to this matter is to ings. initiate a third-party pleading called a Third-Party Complaint Pursuant To Section 2-406. As Illinois (a) If a complete determination of a controversy is a fact-pleading State, a careful practitioner will cannot be had without the presence of other make sure that they have enumerated enough facts parties, the court may direct them to be brought that the complaint will survive a Motion to Dismiss. in. If a person, not a party, has an interest or title Additionally, as this is a divorce case, the third-party which the judgment may affect, the court, on complaint must be verified by the litigant who is application, shall direct such person to be made bringing the third-party complaint, This is mandatory a party. in a dissolution case.

(b) Within the time for filing his or her answer In other words, the wife cannot just make up a third- or thereafter by leave of court, a defendant may party complaint because she hates her father-in-law to by third-party complaint bring in as a defen- bring him in as a party to go on a fishing expedition dant a person not a party to the action who is or as to where her husband has been spending his money may be liable to him or her for all or part of the since they separated. That is one of the reasons that plaintiff’s claim against him or her. Subsequent Supreme Court Rule 137 is still on the books. That pleadings shall be filed as in the case of a com- Section states in relevant part, the following: plaint and with like designation and effect. The third-party defendant may assert any defenses “Signing of Pleadings, Motions and Other which he or she has to the third-party complaint Papers—Sanctions or which the third-party complaint has to the plaintiff’s claim and shall have the same right Every pleading, motion and other paper of a to file a counterclaim or third-party complaint party represented by an attorney shall be signed as any other defendant. If the plaintiff desires by at least one attorney of record in his indi- to assert against the third-party defendant any vidual name, whose address shall be stated. A claim which the plaintiff might have asserted party who is not represented by an attorney shall against the third-party defendant, had he or sign his pleading, motion, or other paper and she been joined originally as a defendant, the state his address. Except when otherwise spe- Newsbriefs - 11 cifically provided by rule or statute, pleadings basis of any sanction so imposed either in the judg- need not be verified or accompanied by affidavit. ment for dissolution order itself or in a separate writ- The signature of an attorney or party constitutes ten order. Adopted June 19, 1989, eff. Aug. 1, 1989. a certificate by him that he has read the plead- Amended Dec. 17, 1993, eff. Feb. 1, 1994. ing, motion or other paper; that to the best of his knowledge, information, and belief formed after Formerly Ill.Rev.Stat.19991, ch. 110A, Rule 137. reasonable inquiry it is well grounded in fact and is warranted by existing law or a good-faith ar- Committee Comments gument for the extension, modification, or rever- (August 1, 1989) sal of existing law, and that it is not interposed for any improper purpose, such as to harass or The Supreme Court has adopted Rule 137, ef- to cause unnecessary delay or needless increase fective August 1, 1989. Rule 137 will require all in the cost of litigation. If a pleading, motion, pleadings and papers to be signed by an attorney or other paper is not signed, it shall be stricken of record or by a party, if the party is not repre- unless it is signed promptly after the omission is sented by an attorney, and (treating such signature called to the attention of the pleader or movant. as a certification that the paper has been read, that If a pleading, motion, or other paper is signed after reasonable inquiry it is well-grounded in in violation of this rule, the court, upon motion fact and law, and that it is not interposed for any or upon its own initiative, may impose upon the improper purpose, etc.), the rule authorizes the person who signed it, a represented party, or trial courts to impose certain sanctions for viola- both, an appropriate sanction, which may in- tions of the rule. Rule 137 preempts all matters clude an order to pay to the other party or par- sought to be covered by section 2-611 of the ties the amount of reasonable expenses incurred Code of Civil Procedure. Unlike section 2-611, because of the filing of the pleading, motion or Rule 137 allows but does not require the imposi- other paper, including a reasonable attorney fee. tion of sanctions. Unlike section 2-611, Rule 137 requires a trial judge who imposes sanctions to All proceedings under this rule shall be brought set forth with specificity the reasons and basis of within the civil action in which the pleading, any sanction in a separate written order. Unlike motion or other paper referred to have been section 2-611, Rule 137 does not make special filed, and no violation or alleged violation of this provisions concerning the potential exposure rule shall give rise to a separate civil suit, but to sanctions of insurance companies that might shall be considered a claim within the same civil employ attorneys. action. Motions brought pursuant to this rule must be filed within 30 days of the entry of final (December 17, 1993) judgment, or if a timely post-judgment motion is The rule is modified to clarify when motions for filed, within 30 days of the ruling on the post- sanctions must be filed.” judgment motion. The key part of this Statute is that the party and the This rule shall apply to the State of Illinois or attorney have to verify that to the best of their knowl- any agency of the State in the same manner as edge, information and belief formed after reasonable any other party. Furthermore, where the litiga- inquiry, that the pleading is well-grounded in fact and tion involves review of a determination of an is warranted by existing law or good faith argument administrative agency, the court may include in for the extension, modification, the reversal of exist- its award for expenses an amount to compen- ing law and that it is not interposed for any improper sate a party for costs actually incurred by that purpose, such as to harass or to cause unnecessary party in contesting on the administrative level an delay or needless increase in the cost of litigation. A allegation or denial made by the State without few examples of where a third party complaint should reasonable cause and found to be untrue. be used:

Where a sanction is imposed under this rule, the judge shall set forth with specificity the reasons and Continued on Page 20 Newsbriefs - 12 Nominating Committee Recommendations 2011 Elections That on March 14, 2011 I, Ronald F. Wittmeyer, as the Secretary of the Northwest Suburban Bar Associ- ation, received the recommendations of the Nominat- The NWSBA ing Committee for the following respective offices: Annual Meeting & Elections

will be held on: PRESIDENT: Donald J. Cosley Wednesday, May 11, 2011 EXECUTIVE VICE-PRESIDENT: Neil H. Good at

FIRST VICE-PRESIDENT: Michael A. Meschino LaTasca Tapas Restaurant 25 W. Davis Street SECOND VICE-PRESIDENT: William F. Kelley Arlington Heights, Illinois

TREASURER: Ronald F. Wittmeyer

SECRETARY: Nichole M. Waltz

BOARD OF GOVERNORS: Anna Markley Bush Rafi R. Arbel Kenneth C. Apicella Andrew H. Haber Maxwell J. Petersen

We thank Past President, Adra Campbell for her efforts as Chairman of the Nominating Committee and extend our thanks to the Nominating Commit- tee Members: David Corbett, Josh Hershman, Allen Gabe, and Tom Glasgow. Newsbriefs - 13 Editor’s Rant By Michael A. Meschino

Last month, on March 8, 2011, marked the 40th An- had been hastily put together with the assistance of niversary of the most famous left hook in the history Eddie Einhorn, Bob Arum and the ubiquitous Don of boxing. The left hook I am referring to was the King. Frank Sinatra was hired by Life Magazine punch that Joe Frazier landed on the jaw of Mu- (because Sinatra had a ringside seat) to be a photogra- hammed Ali in the 15th round of their first of three pher for the fight. The night of the fight was electric classic fights that validated Joe Frazier as the heavy- and WBBM-AM had radio rights to give 30 second weight champion of the world. delay of the action in the ring. Three and a half years prior to that date, Muhammed The fight was scheduled for 15 rounds. In true gladi- Ali had been stripped of the Title by the World Box- ator fashion, Ali and Frazier punished each other for ing Council and the World Boxing Association the first 14 rounds. All during the fight, Joe Frazier because of the fact that he refused to follow through had been trying to set up Ali for his knock-out punch, on his draft obligations, citing the fact that he was a the left hook. Approximately, one minute into the conscientious objector as a result of his conversion 15th round, Joe Frazier saw his chance and landed a to Islam. Most of the public saw this as a complete left hook that lifted Ali off of his legs and deposited contradiction to say that a man who was boxing for him in the middle of the ring in Madison Square Gar- a living, and whose hands were considered lethal den. Later photographs published in Sports Illustrat- weapons would consider the killing of another human ed and Life Magazine showed that Frazier had started being as an excuse to get out of being inducted into the left hook from his knee. The Ring Officials had the draft for the Vietnam War. Frazier ahead on points when the knock-out punch floored Ali and ensured that Joe Frazier was now Ali flamed the outrage against him by stating that “no the Heavy-weight Champion of the World. To Ali’s Viet Cong ever called me a N****R”. (My Uncle credit, he did get up at the count of 8 and finished the Charlie, who enlisted in the United States Army after fight. The two great warriors would go on to have Pearl Harbor had a wife and two children and could two more fights concluding in the “Thrilla in Ma- have easily been exempted. Instead, he volunteered nilla” in 1975 where the two great fighters essentially to defend his country and fought the Nazis. He ended each other’s careers. would often later say “I never had anything against the Nazis” and then he would cite a number of ethnic Frazier would later lose his title to George Foreman groups that he had problems with in Chicago!) after being knocked down six times in the first two rounds. Howard Cosell, (an unabashed Ali sympa- In any event, after Ali was stripped of his title, the thizer and apologist) was so ecstatic that you can still WBC and WBA got together and staged a competi- hear the reverberations of his call “Down goes Fra- tion inviting all the leading heavyweights to fight to zier!” decide who would be the new champion. The fights were set up as if it was the NCAA basketball champi- Ali remains a revered figure who transcends the onship with brackets and rankings. Ali had defeated sports world. He is also a sympathetic figure mainly most of the contenders prior to the competition. The because of the fact that he took such punishment competition came down to Joe Frazier and former Ali during his boxing career that he is practically a veg- sparring partner Jimmy Ellis. Frazier defeated Ellis etable. for the World Heavyweight Championship. However, in most people’s minds, Muhammed Ali was still the Joe Frazier remains a bitter man. His bitterness stems champion as he had never been defeated. More to the from the verbal abuse he took from Ali during the point, Ali had never been knocked down since wrest- 70’s and the manner in which he lost the “Thrilla in ing the championship from Sonny Liston in 1964. Manilla”. He will never forgive his trainer, Eddie Futch, for not allowing him to continue and come out Ali immediately started mocking Joe Frazier stat- for the 15th round in Manilla. Frazier was blind in ing that Frazier had beaten his old sparring partner, his left eye from an earlier fight (pre-1971). Ali had something Ali had done 3 to 4 times a week when he closed the right eye from pounding it for 14 rounds. was in training. He also made use of the fact that he Frazier could not see but as the ultimate warrior he considered Joe Frazier “the Great White Hope” and wanted to go out for the 15th round. Futch told him the “White Man’s Champion”. This infuriated Joe gently “I love you Joe, but its over” and he let the ref- Frazier who was a proud black fighter from the streets eree know Frazier was through. In Ali’s corner, the of Philadelphia. Great One had ordered his trainer, Angelo Dundee to tear off his gloves, as he was done. Dundee refused The fight was THE sporting event of 1971. It took and as a result Ali received the TKO over Frazier in place at Madison Square Garden in New York. The Manilla. fight was broadcast on a Pay-Per-View network that Continued on Page 19 Newsbriefs - 14 During This Month...... By: Joseph C. Morton Professor Emeritus, Northeastern Illinois University

(April) in 1942 U.S. Army Lieutenant Colonel James the Hornet approach to within 500 miles of Tokyo, Harold (Jimmy) Doolittle courageously led a daring launch the planes, and then quickly retire out of bombing raid on the Japanese homeland just four range of Japanese aircraft. By April 18th, the Hornet months after the equally daring December 7, 1941 and its escorts were within 650 miles of the Japa- Japanese attack on Pearl Harbor. The idea for such nese homeland when a Japanese naval vessel was an audacious American air raid was first discussed at sighted. Wanting to retain the element of surprise, an early March 1942 meeting the American Chiefs Halsey decided to launch the planes immediately of Staff had with President Franklin D. Roosevelt. before the Japanese could learn of and prepare for Officially designated as the First Special Aviation the impending attack. In heavy seas, the 16 bomb- Project, this bold, exceedingly risky air attack was ers lurched safely off the flight deck toward their designed to bring “the war home to the Japanese” af- assigned targets. The planes were to bomb military ter “the outrage of Pearl Harbor”. Up to April 1942, targets in Tokyo and three other Japanese cities the Japanese military had everywhere been victori- (Yokusuka, Nagoya, and Kobe) and then proceed on ous especially in China, the Philippines, and French to safe landings on the Chinese mainland. Although Indo-China. Moreover the Japanese people had the raid inflicted very little actual damage, it was been told repeatedly by the military junta that con- psychologically a smashing success. For one thing, trolled the government that the Japanese homeland it convinced the Japanese high command that it had would never be attacked or even bombed. Already to reallocate precious military resources to homeland famous as a pilot for setting a world high-speed air defense. Of more importance, the Doolittle raid record in 1932, Jimmy Doolittle, in March 1942, was an American morale booster. Coming around quickly assembled and trained a group of 79 mostly the time of numerous American military set-backs experienced pilots and crew members to carry out (especially in the Philippines) Japan would now what would be the first American offensive military realize that its “sneaky” attack on Pearl Harbor had action of World War II. Since there were no U.S. indeed awakened the “American sleeping giant”. air bases in aircraft range of Japan, it was decided Happily seventy-one of the original 80 pilots and to launch the attacking planes from an aircraft car- crew members managed somehow to safely reach rier, which could hopefully carry the B-25 medium China. For his leadership and heroic exploits (he pi- twin-engine bombers to within striking distance of loted the first plane to be launched), Jimmy Doolittle their intended Japanese targets. The bomber crews received the Congressional Medal of Honor and was trained intensively on land in Florida taking off and eventually promoted to Lieutenant General. Many landing on a small runway the same size as a carrier of his comrades also were decorated for their partici- flight deck. Interestingly, their only experience in pation in what was a spectacular and near suicidal launching from a carrier was on the actual day of the bombing mission. attack. The 16 bombers were loaded on to the U.S.S. Hornet in San Francisco. Under command of Admi- ral “ Pete” Mitcher, the Hornet set sail on April 2 as Crystal Lake resident Joseph C. Morton is part of U.S. Task Force 16 commanded by Admiral Professor Emeritus at Northeastern Illinois University and author of numerous articles and William F. (“Bull”) Halsey. The plan was to have books on American political history. Newsbriefs - 15 Mock Trial Photo Recap

The Honorable Judge Thomas Roti and Mock Trial Mundelein High School Mock Trial students with their Co-Chair Jay Andrew (back row, second from the 3rd Place trophy. right) with the 2nd Place Team from Highland Park.

Coaches and students gather for opening comments NWSBA Foundation President Ronald Nelson (left) from the Honorable Judge William O. Maki, presiding and Jay Andrew, Mock Trial Co-Chair, at the awards judge of the Third District, and the Honorable Judge ceremony. Thomas Roti.

The Honorable Judge Robert The Honorable Judge Pamela Grace Okorie of John Mar- E. Senechalle enjoys breakfast Loza with the Honorable shall presents tuition waivers before judging the Mock Trial. Jeffrey L. Warnick. to the victorious students. Newsbriefs - 16 Recent Decisions By Howard Bernstein

ILLINOIS DEPARTMENT OF interest at the same rate as all other $4,500.00 per month that “was not HEALTHCARE AND FAMILY judgments. The trial and Appel- reviewable.” Wife’s lawyer drafted SERVICES ex rel WISZOWATY late Courts cited the FINLEY case a judgment that states the mainte- v. MARK WISZOWATY, No. (81 Ill.2d 317) as its authority that nance or alimony was not modifi- 109151 (Jan. 21, 2011) states dissolution actions are ex- able or reviewable. Approximately empt from general statues that es- six (6) years later, Respondent’s In an earlier Newsbriefs tablish interest requirements and income dropped from $20,400.00 article (2009) this case was re- that interest on child support judg- per month in 2003 to $2,869.00 per ported. Respondent failed to pay ments lie within the discretion of month in 2009. Respondent filed a child support for many years. The the trial court. FINLEY was a 1981 petition to reduce the payments and Department intervened to collect case and Public Act 85-2 passed in the trial court denied relief because past due child support after the 1987. The Supreme Court’s ruling Section 502(f) provides the par- children were adults. The claim states that the proposition in FIN- ties may agree to limit or preclude was for $36,000.00+ in child sup- LEY was changed by Public Act modifications of maintenance. On port plus $23,570.00 in interest. 85-2 in 1987. appeal, the trial court, in a split de- Respondent admitted the arrearage cision, upheld the trial court. The but denied the interest sought. The IRMO WHITE; No. 111749 dissenting opinion correctly points Department argued the interest was to the fact the majority opinion mandatory and Respondent coun- is based upon the wording in the tered that interest prior to January Respondent has asked the judgment that does not set forth an 1, 2000 was not mandatory but was Illinois Supreme Court to hear his agreement that maintenance was to discretionary by the court. The trial case that would reverse the trial be non-modifiable. This is a perfect court awarded interest on the ar- court and a majority of the Sec- example for the filing of a 2-1401 rears in child support that came due ond Appellate Court that has held petition to reform the judgment to after January 1, 2000 but refused to maintenance payments can be non- show there was no agreement to impose interest prior to that date be- modifiable and non-reviewable make maintenance non-modifiable. cause of a line of cases that held in- if so provided in a Marital Settle- (See IRMO SCHANER, 252 Ill. terest prior to January 1, 2000 (the ment Agreement. The question App.3d 146 (1st Dist. 1993), IRMO date Section 505(d) was amended) in this case is Respondent claims HALL, No. 2-08-1210 (2nd Dist. was discretionary. The Appellate there was never an agreement to 2010). Court affirmed the trial court on Au- make the maintenance payments gust 14, 2009. The Supreme Court non-modifiable. Respondent’s - ar reversed the trial and Appellate gument is based upon the fact that Courts stating that in 1987, Public he and his wife had no agreement Act 85-2 states that unpaid child as to maintenance. The trial court support shall be deemed judgments entered a maintenance ruling (oral) Continued on Next Page and that those judgments shall bear for Respondent to pay his wife Newsbriefs - 17 Continued From Previous Page his obligation to reimburse his ex- grandparents who alleged the bio- Wife for fifty (50%) percent of un- logical parents were unable to carry insured medical expenses for their on the day-to-day child care deci- IRMO RASH and KING; No. child. The trial court denied the sions of K.R.J. They alleged the 5-09-0088 (5th Dist. 12-27-10) former Husband’s petition and he biological father was unfit because appealed. The Appellate Court af- his sons were removed from his Parties were divorced and firmed stating that the amount of the care because he allegedly tortured Husband was ordered to pay child dependent benefit over and above the mother’s daughter from another support to his Wife. Five (5) years the child support obligation could relationship. The trial court did not later, Husband was injured in a mo- not be applied to the medical ex- find the testimony of the father’s torcycle accident and was receiv- penses because the dependent bene- boys and the mother’s daughter to ing SSI. He also received $500.00 fit is a gratuity which belongs to the be credible and believed the tes- for his dependent benefit, which child. The medical reimbursement timony of the father denying any exceeded his child support obliga- obligation does not serve the same wrong doing. The biological par- tion. The original judgment also purpose as the child support obliga- ents of K.R.J. both testified that provided that Husband would be re- tion. Child support covers ordinary the father was the primary care- sponsible for fifty (50%) percent of and customary items needed for the provider of K.R.J. and was doing a uncovered medical expenses for his child. The medical reimbursement good job. The grandparents had no child of the marriage. Former Wife is not a part of the usual budget for standing because they could not re- filed a petition to have ex-Husband the support of a child. but the presumption that the father held in contempt for failure to reim- was willing and able to make and burse her for unreimbursed medical IN RE GUARDIANSHIP OF carry out the day-to-day childcare expenses for their child. Husband K.R.J.; No. 4-10-0454 (4th Dist. decisions concerning K.R.J. filed a petition to have the excess 11-15-10) amount of the SSI dependent allowance, over and above his original Howard Bernstein is a partner at This is another case in a Schwartz, Wolf & Bernstein LLP, child support obligation, applied long line of cases that denied guard- in Buffalo Grove and specializes to the medical expenses required ianship of a child to the maternal in Domestic Relations and Family to be paid by him and to terminate Law, Bankruptcy and Real Estate. SAVE THE DATES:

• The 2011 Annual Meeting will be held on May 11th at LaTasca Tapas Restaurant in Arlington Heights • Jeffrey Wilson will be presenting a CLE on Thursday, June 2nd which will offer 1 hour of ethics and 2 hours of general CLE credit. This seminar will provide you with key points you need to know when dealing with legal emergencies. • Richard Adler and Clifford Scott Rudnick will present another “Ethics in Film” CLE on June 21st. This 3 hour Professional Credit CLE will feature the film “Primal Fear”. • The 2011 Installation Dinner will be held on Thursday, June 23rd at Rolling Green Country Club.

DATES, TIMES, etc. are subject to change. Please check our website, www.nwsba.org, for the most up-to-date information or call the Association office at 847-221-2601. Newsbriefs - 18 E-Discovery Update: Guidelines for Delaware Chancery Courts by George Bellas

Delaware has become one of the first states cases, however, a party and its counsel (in-house and to adopt guidelines for e-discovery. (http://courts. outside) should: delaware.gov/forms/download.aspx?id=50988) How- ever, since the Delaware Chancery Court is where • Take a collaborative approach to the iden- most business litigation takes place, the Guidelines tification, location and preservation of poten- are instructive. Although basic as compared to the tially relevant ESI by specifically including more detailed 7th Circuit E-Discovery Principles, the in the discussion regarding the preservation message is clear. Parties are expected to collaborate processes an appropriate representative from and cooperate on issues relating to ESI. the party’s information technology function (if The Guidelines can also serve as a strong recommendation to everyone litigating any business case applicable); in the state courts. The Guidelines are set forth in full • Develop written instructions for the pres- below. ervation of ESI and distribute those instructions (as well as any updated, amended or COURT OF CHANCERY GUIDELINES FOR modified instructions) in the form of a litiga- PRESERVATION OF ELECTRONICALLY tion hold notice to the custodians of poten- STORED INFORMATION tially relevant ESI; and • Document the steps taken to prevent the The purpose of these guidelines is to remind destruction of potentially relevant ESI. all counsel (including Delaware counsel) appearing in Experience has shown that some of the poten- any case before this Court of their common law duty tial problem areas regarding preservation of to their clients and the Court with respect to the pres- ESI include business laptop computers, home ervation of electronically stored information (“ESI”) 1 computers (desktops and laptops), external in litigation. A party to litigation must take reason- 1 able steps to preserve information, including ESI, or portable storage devices such as USB that is potentially relevant to the litigation and that is flash drives (also known as “thumb drives or within the party’s possession, custody or control. ESI key drives”) and personal email accounts. takes many forms and may be lost or deleted absent While this list is not exhaustive, it is meant to affirmative steps to preserve it. As set forth below, at be a starting point for parties and their counsel the very minimum that means that parties and their in considering how and where their clients counsel must develop and oversee a preservation pro- and their employees might store or retain cess. Such a process should include the dissemination potentially relevant ESI. Counsel and their of a litigation hold notice to custodians of potentially relevant ESI. clients should discuss the need to identify how Counsel oversight of identification and preser- custodians store their information, including vation processes is very important and the adequacy document retention policies and procedures of each process will be evaluated on a case-by-case as well as the processes administrative or basis. Once litigation has commenced, if a litiga- other personnel might use to create, edit, send, tion hold notice has not already been disseminated, receive, store and destroy information for the counsel should instruct their clients to take reasonable custodians. Counsel also should take reason- steps to act in good faith and with a sense of urgency to avoid the loss, corruption or deletion of poten- able steps to verify information they receive tially relevant ESI. Failing to take reasonable steps to about how ESI is created, modified, stored or preserve ESI may result in serious consequences for a destroyed. party or its counsel. What steps will be considered to be reasonable will vary from litigation to litigation. In most Continued on Next Page Newsbriefs - 19 Continued From Previous Page 1These guidelines focus narrowly on the preservation of ESI, an area where problems are often difficult to remedy after the While the development and implementation fact. The Court of Chancery Rules Committee is continuing to of a preservation process after litigation has monitor the broader topic of discovery of ESI and has not yet commenced may not be sufficient by itself proposed any specific rules or guidelines as to electronic discovery in general. To date, the Court of Chancery has not adopted a to avoid the imposition of sanctions by the comprehensive set of rules or guidelines regarding the discovery Court if potentially relevant ESI is lost or of ESI. Extensive resources on that topic are available, however, destroyed, the Court will consider the good- from many sources. Without endorsing or commenting on the faith preservation efforts of a party and its merits of these or any other specific resources, examples of such counsel. Counsel are reminded, however, that resources include but are not limited to “The Sedona Guidelines: the duty to preserve potentially relevant ESI Best Practices & Commentary for Managing Electronic Infor- is triggered when litigation is commenced or mation in the Electronic Age,” http://www.thesedonaconference. when litigation is “reasonably anticipated,” org/dltForm?did=Guidelines.pdf (last visited July 27, 2010), which could occur before litigation is filed. and the “Conference of Chief Justices: Guidelines for State Trial Parties and their counsel can agree with op- Courts regarding Discovery of Electronically-Stored Informa- posing parties and their counsel to limit or tion,” dated August 6, 2006. forgo the discovery of ESI. Whether or not parties enter into such an agreement, however, it is beneficial for parties and their counsel to confer regarding the preservation of ESI George Bellas is the Senior Partner in the Park early in the litigation. It is also recommended Ridge law firm of Bellas & Wachowski, has served that after preservation has been addressed, as a panelist at the Sedonna Conference, and cur- counsel for all parties confer about the scope rently serves on the 7th Circuit E-Discovery Com- mittee. and timing of discovery of ESI.

Music Editor’s Rant, con’t. I have not yet decided on the greatest Beatles album Restaurants of all time. I am in intense discussions with my brain trust in attempting to formulate the definitive answer. Whenever I have to go to McHenry County, the ride back is long and I feel hungry whenever I leave the However, I can say with confidence that the best Courthouse at 2200 Seminary, Woodstock, Illinois. I Ringo Starr song ever is “Photograph”, his 1973 hit. took my problems to Sal, the friendly Deputy Sheriff That is closely followed by his original solo effort who acts as the guard dog at the doorway to the Third “It Don’t Come Easy”. My favorite George Har- Municipal District Courthouse located in Rolling rison song of all time is still his classic “Something” Meadows, Illinois. Sal came up with a great sug- gestion for a restaurant no matter what time of the (which Frank Sinatra incorrectly credited to Paul day that you leave Woodstock. That restaurant is McCartney and John Lennon). My favorite non- Vaughn’s Family Restaurant which is on Route 47 ap- Christmas song from John Lennon is his is collabo- proximately a half mile north of the railroad viaduct ration with Elton John on the song “Whatever Gets on Route 47. (If you are leaving the Courthouse, it You Through The Night”. My all time favorite Paul is approximately one mile down on the right side.) McCartney song is “Helter Skelter” which was sup- Vaughn’s is best known for their roasted chicken. posed to be about Paul’s adventures on a slide in a However, they also make some of the best breakfast playground named “Helter Skelter” but was bastard- food around. One of their features is to substitute ized by that lunatic Charles Manson as the code word tomato slices for hash browns. The tomatoes are then for the African American uprising that Mr. Manson heated and seasoned with herbs. It makes your break- thought was a certainty in the late 1960’s. “Helter fast not only delicious but healthy. I can personally Skelter” was only live performance was at the Rock recommend Vaughn’s as the perfect restaurant when and Roll Hall of Fame concert in 2008. you feel hunger pains on your way back from the McHenry County Courthouse. Newsbriefs - 20 FAMILY MATTERS Continued From Page 11 ditional right to intervene; or (2) when an applicant’s claim or defense and the main action have 1. Where one of the parties has been utilizing a question of law or fact in common. his parent, or relative, or friends’ checking or savings account to cash their marital (c) In all cases involving the validity of a con- income checks; stitutional provision, statute or regulation of this State and affecting the public interest, the State 2. Where funds were removed from either a joint upon timely application may in the discretion of checking, savings or stock account to another the court be permitted to intervene. account controlled by someone other than the spouse; (d) In all cases involving the validity of an ordi- nance or regulation of a municipality or govern- 3. Any type of transfer made within a few years mental subdivision of this State and affecting the of the dissolution to another person where public interest, the municipality or governmental little or no money changed hands; and subdivision upon timely application may in the discretion of the court be permitted to intervene. 4. And the old reliable, a safe deposit box set up in the name of the relative that contains cash (e) A person desiring to intervene shall present and/or other forms of assets, kept there for the a petition setting forth the grounds for interven- safekeeping of one of the spouses. tion, accompanied by the initial pleading or motion which he or she proposes to file. In cases The other part of a dissolution case where the Civil in which the allowance of intervention is dis- Practice Act may need to be used is Section 2-408 for cretionary, the court shall consider whether the intervention. Suppose that one of the parents of a intervention will unduly delay or prejudice the spouse lends a great deal of money for the purchase adjudication of the rights of the original parties. of the marital home. The amount is in excess of the Gift Tax Exemption for that year, and the parent did (f) An intervenor shall have all the rights of an not file a Gift Tax Return. The presumption in law, original party, except that the court may in its although rebuttable, is that absent the appropriate pa- order allowing intervention, whether discretion- perwork, such as a check, loan documents or a note, ary or a matter of right, provide that the ap- the transferring of cash from a parent to a child is pre- plicant shall be bound by orders or judgments, sumed to be a gift. However, your client insists that theretofore entered or by evidence theretofore the money was to be repaid once the house was either received, that the applicant shall not raise issues sold or was refinanced at some time in the future. which might more properly have been raised at an earlier stage of the proceeding, that the The relief that you can afford your client is found applicant shall not raise new issues or add new in Section 2-408 of the Illinois Code of Procedure. parties, or that in other respects the applicant This is the intervention statute. This statute states in shall not interfere with the control of the litiga- relevant part the following: tion, as justice and the avoidance of undue delay may require. P.A. 82-280, Section 2-408, eff. July 1, 1982. “Intervention Amended by P.A. 82-783, art. IV, Section 27, eff. July 13, 1982. (a) Upon timely application anyone shall be permitted as of right to intervene in an action: Formerly Ill.Rev.Stat.1991, ch. 110, Rule (1) when a statute confers an unconditional right 2-408.” to intervene; or (2) when the representation of the applicant’s interest by existing parties is or Paragraph (a) describes the situations where a party may be inadequate and the applicant will or may is permitted to intervene as a matter of right. This be bound by an order or judgment in the action; involves whether a Statute convers an unconditional or (3) when the applicant is so situated as to be right to intervene, or whether the applicant’s interest adversely affected by a distribution or other dis- is not being represented adequately by the existing position of property in the custody or subject to parties or the applicant would be adversely affected the control or disposition of the court or a court by an Order subject to the control or disposition of officer. the Court of their property. (b) Upon timely application anyone may in the Paragraph (b) refers to interventions by the discretion discretion of the court be permitted to intervene of the Court. in an action: (1) when a statute confers a con- Continued on Next Page Newsbriefs - 21 Continued From Previous Page venor may have the best case in the world but if the Court has already adjudicated a certain issue, it is very possible that in the discretion of the Court it will The most important part of the intervention statute is not go back and reopen that issue. the nuts and bolts which requires the person attempting to intervene to set forth the grounds for interven- A careful practitioner will keep in mind ways to pro- tion in a motion accompanied by the initial pleading tect their clients by the use of a third-party complaint. or motion that he or she proposes to file. At that Additionally, a practitioner may be approached by point, the Court can bind the intervenor to all previ- a relative who needs to intervene in order to protect ous orders or judgments of the Court. Obviously, in- their rights. A careful practitioner will use these por- tervention is also a matter of timing. It is a very good tions of the Code of Civil Procedure with discretion idea for a careful practitioner to review the Court file in order not to run afoul of Supreme Court Rule 137. before invoking the intervention statute. The inter- Members in the News

NWSBA member, Steve Richards who has just SR: Seven days a week for the last two and one-half begun the process of securing a publisher for his years. recently completed book was recently interviewed by NWSBA member, Joseph Etchingham. JE: What has been the most interesting aspect of writing this book? Joe Etchingham: What is your book about? SR: Since there were so many holes in the story, the Steve Richards: This is a very complicated story research became paramount. By being able to inter- that deals with many issues. However, the short an- view people such as Studs Terkel and going to France swer is that this true story is about two brothers born and Germany to complete the research, I was able to in Germany in 1930 and 1931, who are separated complete the puzzle and answer what really happened early on in their lives. They know nothing of each, to these two boys. It was exciting to be able to meet but essentially live next to each other for almost the so many interesting people and do the research that next decade in Karlsruhe, Germany. The younger was required. boy, shortly after his birth goes to live with his Jewish maternal grandparents and is raised a Jew. The older JE: What is the name of the book? boy goes to live with the paternal Christian grandparents and is raised as a Christian. It is eventually SR: Sitting on Top of the World learned that the father of both boys is a Nazi and a Brownshirt. The book examines in part, what hap- JE: What have you learned from the process of pened to each boy in Hitler’s Nazi Germany. writing this book?

JE: How did you come to learn about the story? SR: That it was harder than law school. I also learned a strong life lesson; perception vs. reality. I SR: A very good friend, who is the son of the young- had certain assumptions about certain people in the er brother, told me the story a number of years ago. book that turned out to be wrong. His father presently lives in Arlington Heights. JE: What is the next step and if people are inter- JE: When did you start the book? How many hours ested in getting more information can they contact did you put into this project? you?

SR: I started it in August of 2007 and completed the SR: Getting a publisher. I understand that this will final draft in December of 2010. I would estimate be a slow and difficult process, but I am confident. I about 3,500 hours of time went into completing this also just completed a website for the book to respond 400 page book. to the many inquiries I have received over the years.

JE: How were you able to practice law and put that The website address is http://www.sittingontopofthe- much time into the book? worldbook.com/ Newsbriefs - 22 March Board Meeting Highlights

• First Vice-President Neil was impressed with the number of Association to obtain Bar dates in Good made his recommendation students and parents that attended all of the outlying Municipal Dis- that the replacement of the present the event. trict Courthouses. According to Canon copier would be the Xerox what Mr. Cosley heard, the crimi- 7765. That Mr. Good approved the • There is a party on March nal law practitioners that belong buyout of the remainder of the Can- 11, 2011 for Judge Urso that was or- to the Cook County Bar Associa- on. The Board will vote by email. ganized by Judge Urso’s secretary. tion will be charged approximately (Update: the vote was unanimous: That all are invited. Additionally, $5,000.00 for the privilege of be- Yes). there is a scheduled event sponsored ing able to have access to all six by Steven Richards at Tuscano’s Courthouses which would include • President Lee DeWald ad- in Wheeling, Illinois honoring the the five suburban Courthouse and vised the Association that because Honorable Judge Howard L. Fink the downtown Court facility as Bar of the expenses involved in sponsor- on March 23, 2011. Please contact attorneys. This may seriously im- ing Mock Trial, the Foundation is Steve Richards with relation to this pact our own Bar program. That it facing a cash flow crunch just at the event. That there is also a rumor is rumored that the President of the time that the NWSBA is going into that Judge Scottilo will have a party Southwest Suburban Bar Associa- Judge’s Night and in need of fund- on April 1, 2011. Details to fol- tion has already written a letter of ing a scholarship from the Founda- low. protest to Judge Evans. tion. There was a discussion about the fact that the Honorable Judge • There will not be a roast There was some concern Timothy Evans Scholarship should this year at the Annual Meeting. over the fact that it was the Cook be more than $1,000.00. That the Instead, there will be a Meet and County Bar Association because Board approved that the Associa- Greet of our new Presiding Judge, this was the Association that Judge tion would donate to the Founda- Judge Maki, Judge Martin Agran McConnell picked, originally, to tion $2,000.00 so that there would and Judge Karahalios will also be utilize the Fifth Municipal District be a scholarship in the name of the invited at this event which is to take as Bar Association attorneys. This Honorable Judge Timothy Evans place on May 11, 2011. Stay tuned was the test program that was uti- awarded to one law student. Ad- for further information regarding lized to show that only the CBA ditionally, the recipient is limited this event. could staff Bar Day correctly. If you to having two guests present at the are involved at all in the NWSBA Judge’s Night celebration. The re- • The Spring meeting is still In-Court Bar Referral Service, we cipient and the guests are comped scheduled to be held on March 16, invite you to contact Judge Evans’ by the NWSBA. 2011 at The Weber Grill Restaurant office and tell them how you feel on Meacham Avenue in Schaum- about this latest bit of encroach- • Jay Andrew announced that burg, Illinois. At the time of the ment into the Third Municipal Dis- Mock Trial was an overwhelming meeting 24 people had signed up trict Courthouse Bar Days. success. 44 attorneys donated their for the event. It should be noted time for the event. The event had that this is an event where all at- • The Golf Outing is sched- 14 sitting Judges that presided over tendees will receive two hours of uled for August 4, 2011 at Poplar the cases for the first time in the his- Professional Responsibility Credit. Creek Golf Club. The Golf Com- tory of the event. One of the high- mittee is working on new proce- lights of the event was that the new • Executive Vice President dures for sponsoring the event. Presiding Judge, Judge William O. Don Cosley reported that Judge Maki, was present at the event and Evans wants the Cook County Bar Newsbriefs - 23

High school students from the surrounding Law Day 2011 area toured the courthouse and had a first hand look at the courtrooms of Judge Fecoratta, Judge Hanlon and Board Member and Law Day Chairperson, Judge Cerone-Marisie. Miriam Cooper, organized a group of Northwest Suburban Bar Association volunteers to participate in Thank you to the following NWSBA volun- Law Day in February at the Third District Courthouse teers who gave their time to participate in this year’s in Rolling Meadows, IL. event: Miriam Cooper, Ernest Blomquist, Victoria Kelly, Marina Ricci, Colin Gilbert, Donald Cosley Hicks Epton, a country lawyer from Okla- and Judge Alfred Levinson. homa, developed the concept of Law Day, believing that lawyers should be out in the public, using their knowledge to educate people about the law and to the liberties which we cherish. He wanted to demonstrate American pride in our values to counter the Communist celebrations conducted on May Day during the 1950’s. President Dwight D. Eisenhower established the first Law Day in 1958 and stated “It is fitting that the American People should remem- ber with pride and vigilantly guard the heritage of liberty, justice and quality under law. It is our moral and civil obligation as free men and as Americans to preserve and strengthen that great heritage.” Condolences Volunteers Needed Paul R. Shuldiner We are looking for volunteers to represent the Paul passed away on February 28, 2011. Paul NWSBA at: dedicated himself to the legal profession for over thirty years in Chicago, Illinois. Paul served as Senior Celebration Day a federal law clerk to the Hon. Phil McNagny of Wednesday, May 11, 2011 the Northern District of Indiana, taught at John at Arlington Park Racetrack. Marshall Law School, and maintained a success- ful law practice for over twenty-five years, the last The NWSBA will have a booth from 11:15 AM until 3:15 PM. The event is attended by more than twelve years as a partner of Baumann & Shuldin- 2,000 seniors and their families each year. er. Paul was Past President of the North Suburban Bar Association and, for the past several years, Volunteers can take a whole or partial time slot. served as Chair for Judicial Evaluations for the Please call the Association office at: 847-221-2601 Suburban Bar Coalition. Newsbriefs - 24 Notes From the Editor

In our continuing service to Northwest Suburban that the cancer had spread much more than the initial practitioners, please note that it appears that Judge reports indicated. As a result, Frank is now wearing a Zopp is no longer in his Courtroom at the McHenry feeding tube. County Courthouse. My understanding is that Judge Fetterer was filling in for some period of time. How- Frank is a personal friend of mine and I pray for him ever, the cases have now been transferred to Judge every day. My understanding though is that Frank is Mangiamele and Judge Chmiel. Hopefully this will still able to eat on his own and the feeding tube was be done on an interim basis as that Court call requires put in as a precaution. three full-time family law judges. Just as a side note, if you have ever gone out to eat In DuPage County, Judge Paul Marchese has taken with Frank at one of the several restaurants that he over the Domestic Relations Call of Judge Patrick regularly frequents, you are constantly surprised by Leston. Judge Marchese took over all cases of Judge the reception that he gets once he enters the restau- Leston, including those that Judge Leston decided rant. Most restaurants that Frank frequents know him recently and are now the subject of post-trial motions by name, the owner comes out and greets him, you or post-decree modifications. I have heard that all the are then seated at Frank’s favorite table and the chef practitioners in the Wheaton courthouse are extreme- prepares an item that is usually off the menu and ly satisfied with both Judge Marchese, Judge McJoynt available only and Judge Mary Beth O’Connor who has taken over to Frank Schumacher and his friends. the Paternity Call. Frank Schumacher is a one-of-a-kind type of guy and On a sad note, a good friend of the NWSBA, Frank I hope and pray that he gets better. “Shoes” Schumacher has recently been diagnosed with cancer of the esophagus. My understanding was Associate Editors Needed!

Newsbriefs is seeking the assistance of at least two Associate Editors to assist with the workload of editing Newsbriefs for publica- tion each month. The more Associate Editors that we have the less time that will be needed to devote to this important job responsibility. For instance, one Associate Editor would have to work approximately 2-1/2 to 3 hours per month editing a portion of Newsbriefs. Two editors would take about an hour and a half each each month. Three editors would be about an hour each month. If you are interested, please contact either Julie Barth at jbarth@ nwsba.org or Editor Michael A. Meschino at [email protected]. Newsbriefs - 25

Northwest Suburban Bar Association’s Annual Meeting Wednesday, May 11, 2011 Michael Rothmann & Kenneth Apicella, Co-Chairs

Election of Officers & Board Members **Only NWSBA members in good-standing can vote in elections

Our program will feature A Formal Welcome to The Honorable William O. Maki Newly Appointed Presiding Judge, Third Municipal District

and all new judges to the Third District

Time: 6:00 pm - Cocktail Hour price includes 1 drink ticket 7:00 pm - Dinner

Place: LaTasca Tapas Restaurant 25 W. Davis Street, Arlington Heights, IL

Price: $65 Members and $80 Non-Members

R.S.V.P. By May 4, 2011 After May 4, 2011: $75.00 Members and $90 Non-Members

NAME:______PHONE #:______

PAYMENT OPTIONS:

VISA___ MC___ CHECK___

______Credit Card No. 3-Digit Security Code Mail to: NWSBA 800 E. Northwest Hwy ______Suite 418 Billing Address on Card Exp. Date Palatine, IL 60074 Fax: 847-221-2844 Telephone: 847-221-2601 Newsbriefs - 26

NORTHWEST SUBURBAN BAR ASSOCIATION Pub Trawlers

Pub Trawlers Event Thursday, April 21, 2011 5:30 - 8:00 PM

Location: To Be Determined

Special Guest: Brian McBride Three time member of U.S. Men’s World Cup Soccer Team, Olympic Captain, and Arlington Heights native Event Sponsors: FREE APPETIZERS & DRINKS ...until we run out of money. Make sure to get there early!

ADR Systems of America Closing Velocity Joshua Sorkin, Case Manager Mike Cowsert 312-224-0543 847-421-6459 [email protected] [email protected] www.adrsystems.com www.closingvelocity.com

Elite Deposition Services McBride Law Offices, P.C. Eddie Reeves Matthew L. McBride 312-445-0005 847-394-3300 [email protected] [email protected] www.elitedeps.com www.mcbridelawpc.com

PUB TRAWLER SPONSORSHIPS: $200.00 Per Event

If you are interested in being a special guest or a sponsor, please contact: Nichole Waltz: [email protected] 847-253-8800 or Colin Gilbert: [email protected] 847-381-1070

Each month a new member, law firm, attorney, or judge will be featured as the special guest. This event will give all members the opportunity to meet with one another in a relaxed, informal setting. This event is also open to any potential new members that may be thinking of joining the association. Please feel free to bring all such interested parties. No reservations are required, however if you know for sure that you will be attending, please send confirmation to Colin H. Gilbert at [email protected] or Nichole Waltz at [email protected]. If you would like to have yourself or your law firm be featured as a “Special Guest”, please feel free to e-mail Colin or Nichole so that they can attempt to accomodate you. 800 E. Northwest Highway Suite 418 Palatine, IL 60074 847-221-2601 www.nwsba.org Newsbriefs - 27 Bulletin Board

This column is published as a service to our members. Commencing September 1, 2009 ads wiill be $20.00 per month Call 847-221-2601

REAL ESTATE TAX REDUCTION REFERRALS Amari & Locallo, Office Space whose practice is confined exclusively to real estate tax assessment process, is accepting referrals of commercial, industrial and multi-unit resi- WHY RENT WHEN YOU COULD OWN ?– Small two story office dential properties (seven units or more) from fellow NWSBA attorneys. building for sale in Elk Grove Village. Let your tenants pay your rent. Co-counsel fees provided: Note all properties in the South and Southwest Perfect for law offices. Great location and great investment. 847-373- Suburbs are being reassessed in 2011. A & L also has offices in DuPage 8777. County to service the real estate tax needs of property owners in the collar INVERNESS - Williamsburg Village. Two second floor office suites counties: Lake, Will, Kane, McHenry, DuPage, etc. Properties located (825 to 900 sq. ft.) in attorney owned and occupied building. Also, two anywhere in Illinois will be reviewed without cost or commitment. Call individual offices (12.5 by 12.5, 15.5 by 12.5) available. Can provide re- Katherine Amari O’Dell at (312) 255-8550. ception, conference room, file room, copier and kitchen services. Contact EVICTIONS/LANDLORD TENANT PROBLEMS/LEASES Carol at 847-705-7640. Residential evictions from $350 +costs. I will handle this unhappy (no one is happy in eviction court) area of law for you; experienced and Referrals knowledgeable Attorney Mary Brady from Guthrie & Brady; 847 524-1215. Other tenant problems $l50 per hour FAMILY/MAT. LAW. Law Offices of Elliot Heidelberger is pleased to an- EXPERIENCED CRIMINAL DEFENSE ATTORNEY now available nounce that it is accepting ref. of Fam./Mat. Law cases heard in Chicago, for referrals and to cover court appearances and trials. Former Cook Skokie, R.M. DuPage, Kane & Lake Cty. These include Pre & Post Judg. County Assistant State’s Attorney experienced in felony, misdemeanor, Div., Custody, Visitation, Removal of child to another state, support, par- DUI and traffic matters. Availability includes Cook County and sur- entage, adoptions, pre-nups., & all other phases of mat. cases. Elliot also rounding counties. Availability upon short notice. Co-counsel fee acts as a mediator and is on Ck. Cty. app’d childs rep. list. Call Elliot to agreements. discuss issues or questions @ 630-289-4000 Scott A. Biestek (847) 255-6667 Office SUPER LAWYER & AV rated Employment Lawyer in Skokie. Laurie J. (847) 903-5358 Wasserman represents clients in statutory claims for discrimination (includ- [email protected] ing disability, sex [including sexual harassment, sexual orientation, and INCOME TAX DEFENSE AND LITIGATION. Richard M. Colombik glass ceiling], pregnancy, age, religion, race, and national origin), Fam- & Associates, P.C. focuses on IRS & State tax defense, tax court litiga- ily and Medical Leave Act, and Wage and Hour; and drafting/litigation re tion, asset protection & complex income tax reduction and is available employment contracts, non-compete agreements, trade secrets agreements, for referrals. Co-counsel fees provided. Extensive experience in all lev- retaliation and whistleblowing. Telephone: (847) 674-7324; els of IRS & State Dept of Revenue defense, including admin. review, Email: [email protected]; appellate process, tax court litigation & appellate court work. From au- Web: www.webemploymentlaw.com dits thru the Supreme Court, we can defend & represent your clients. Call PROBATE & CHANCERY LITIGATION & PROBATE ADMINISTRATION. Richard Colombik, JD, CPA, or Sunjay Sterling, 630-250-5700. Info at Avble for referrals, consultations and assistance w/regard to Probate Con- www.colombik.com. tests and Administration & Chancery Litigation (Probate-related, Trusts, WHY WASTE TIME? Very experienced Per Diem attorney available Family disputes, Accounting and Partition, & more) Call Cary Lind 847- to cover any type of court appearance, i.e., motions, trial calls, pre- 577-0030. trials, status calls, case management conferences, etc., at any court- WORKER’S COMPENSATION Attorney accepting and looking forward house in Cook, Lake, McHenry, Kane, DuPage, Will, Grudy, DeKalb, to working with your referrals. Serving Cook, Lake, McHenry, DuPage and Kendall, Boone, Winnebago, and Kankakee Counties, etc. Emergency Kane Counties. Gary A. Newland (847) 797-8000. calls are fine. I may be briefed by phone and material FAXed. Very reasonable fee. Law clerking services available-will handle filings, PROPERTY TAX APPEALS Experience Matters! Elliott & Associates etc. Please call Karen Lake at (312)726-6920. concentrates its practice on reducing property tax assessments for properties located in Cook and surrounding counties. Our firm represents over LEGAL SECRETARY/Assistant – Part Time: 15-20 hrs. per week 4,700 commercial / industrial properties, community associations, hotels, for general family practice attorney near Woodfield mall. Work and high-end residences. We welcome your referrals and the opportunity for sole practitioner attorney in a 5 attorney suite. Email resume to to work on a co-counsel basis. Please contact [email protected] or [email protected] or call JoAn at 847-340-5653. visit our website www.elliottlaw.com FORCLOSURE DEFENSE CASES: experienced in residential and commercial foreclosure defense and modification. Cook and all surrounding counties. Call Steve Newland @ 847-797-8000

APPEALS. Very experienced appellate attorney available for referrals, NEW ADDRESS FOR RACHAEL PRICE: co-counsel arrangements, or consultations for civil and criminal appeals 7N750 Route 59 in state appellate courts throughout Illinois, the Illinois Supreme Court, Bartlett, IL 60103 and the Seventh Circuit. Referral fees paid. Also available to draft trial Phone: 630-213-8500 court filings, including motions to dismiss and summary judgment motions. Please contact Tim Storm at 847-526-6300 or [email protected]. Fax: 630-303-9718 Information at www.illapp.com. www.rachaelpricelaw.com Northwest Suburban Bar Association Non-Profit 800 E. Northwest Highway, Suite 418 Organization Palatine, IL 60074 U.S. Postage Paid Palatine, IL 60095 Phone: 847-221-2601 Fax: 847-221-2844 Permit No. 2522 Attorney Referral: 847-221-2681 www.nwsba.org

Newsbriefs - 28

CALENDAR

April 5 Real Estate CLE April 12 Board of Governors Meeting April 14 Judges’ Night April 21 Pub Trawlers May 9 Matrimonial Law Ethics CLE May 10 Board of Governors Meeting May 11 Annual Meeting May 13 Chicago Cubs Outing May 19 Pub Trawlers May 25 Employment Law CLE