Illinois Judges Association Volume 45

THE GAVEL I s s u e 1

I N THIS ISSUE PRESIDENT ’S MESSAGE

J UDGE R OBERT J . A NDERSON

President’s Message 1-2 This is my second Presi- and Sheila Murphy with planning IJA trips, dent’s message for The were involved in the teaching in many differ- Trip 3-12 Gavel. I have had many early stages of the plan- ent countries, fighting for

people ask me how my ning and were instru- justice, being a wife and Upcoming Trips 13 year as president of the mental in organizing mother, she is now an IJA is going. One thing I the trip. Debbie Gubin author. In July, 2015, her

Benefits Updates 14 have learned so far is that served as the trip advi- new book called no President can succeed “Restorative Justice In without the assistance of Practice: A Holistic Ap- many people. The IJA Of- proach" was published by ficers and Committee Vandeplas Publishing. Chairs have been incredi- She and Michael P. Seng bly gracious with their are the editors and they time and help. I have wrote several of the learned just how much pieces in the book. Judge they do for the IJA. I can- Colleen Sheehan, from not thank them enough for Cook County, is also one their hard work on behalf of the contributors. I en- of our organization. joyed and was inspired As always, I need to by reading it. I would en- thank Kathy Hosty, our courage all of you to read executive director, for her it, as well. hard work, help and guid- As I hope you recall, ance. We are fortunate to one of my initiatives for have her. Our two editors sor par excellence and this year is to try to have The Gavel for The Gavel also deserve did a magnificent job. I more judges trained as Celia Gamrath my thanks. Liz Rochford had the chance to read LAP interveners. Train- Elizabeth Rochford the articles in this is- Editors and Celia Gamrath are a ing will be offered on the Illinois Judges Assn. joy to work with as the sue; it makes me sorry Monday of each of the 321 S. Plymouth Ct. editors of our publication. that I was unable to go 2016 Educational Confer- , IL 60604 Their enthusiasm and en- on the trip. It sounds ence Sessions for all 312.431.1283 ergy is contagious. like a congenial group judges. Sign will be 888.431.1283 that had a wonderful www.ija.org The focus of this issue is through the regular regis- e-mail: [email protected] the IJA’s recent trip to Is- time together. tration procedure for Ed- rael. Immediate Past Presi- Speaking of Sheila Con. Judges who attend dent Michael Hyman, Murphy, I wonder if the training will receive Shelley Sutker-Dermer she ever sleeps? Along credit, just like for any other course. This is a “win-win” for judges. You can 2015-16 OFFICERS get your required EdCon credits; and, be a hero by help- ing lawyers, law students and your fellow Judges. Please Robert J. Anderson sign-up for this training at whatever EdCon session you President attend. The first session begins the week of February 1, [email protected] 2016; the second session begins the week of April 4, 505 N. County Farm Road Wheaton, IL 60187 2016. 630/407-8948 The joint ISBA/IJA midyear meeting is scheduled for December 10-12, 2015. There will be several educa- Israel A. Desierto tional programs offered on Friday, December 11. I want First Vice President to thank all the judges and lawyers who are working on [email protected] those programs for their help and hard work. One of the 50 W. Washington, #409 programs will focus on judges and lawyers appearing on Chicago, IL 60602 media programs. This is a great way to promote a better 312/603-2652 understanding of what judges and lawyers actually do. John P. Coady The program promises to be very interesting. The sec- Second Vice President ond program will be a Law and Literature program for [email protected] judges and lawyers. The presenters have promised me 207 S. Othelle Street that the readings will be short; but, focused on the im- Taylorville, IL 62568 pact of the work that judges and lawyers do on us, an 217/820-4631 issue of importance to all of us. Please take time to at- tend. James E. Snyder If you have any questions, ideas or suggestions for me Third Vice President [email protected] about the IJA, please do not hesitate to contact me. Our 50 W. Washington, # 2001 organization is only as strong as its members. Thanks to Chicago, IL 60602 all of you, we are strong and thriving! 312/603-4252

Margaret J. Mullen Secretary SAVE THE DATE [email protected] 18 N. County Street Waukegan, IL 60085 44th Annual 847/377-3775

Joint IJA/ISBA Mid Year Diane M .Shelley Meeting and Luncheon Treasurer [email protected] December 10-12 50 W. Washington, #2811 Chicago, IL 60602 Sheraton Hotel, Chicago 312/603-7551 THE GAVEL Page 3

IJA Trip to Israel: Reflections and Photographs By Justice Michael B. Hyman

Six IJA members, two spouses, and one sibling, along with a knowledgeable and passionate tour guide, criss- crossed the land of Israel for 10 days in April. The nine of us bonded quickly, and forged memories and friendships which will endure throughout our lives. What we learned, what we heard, what we saw, what we did, and, especially, what we felt, cannot easily be put down in words or, for that matter, forgotten. Below, some of the judges share their reflections on the trip. Michael B. Hyman, president, 2014-15

Richard Goldenhersh's Reflections: A Study in Contrasts Israel is a beautiful and fascinating country. An overwhelming impression I had was that Israel is also a study in contrasts. Israel is a modern country, as well as the ancient homeland of the Jewish people. Throughout the trip one had the sense of its technological advancements, as well as an ever present sense of ancient, medieval and modern history in a country of diverse religious, cultural and ethnic groups. We made special visits to the Hebrew University Law School and the Israeli Supreme Court. Israel's legal system is a further study in contrast. Its supreme court acts both as a "High Court of Justice" (think England) and a supreme court exercising judicial review (think Chief Justice Marshall). Reminiscent of our American debates, there is a high level of controversy about the selection of supreme court justices, judicial review, and the place of a court in a democratic political structure. While there are secular trial courts, there are also parallel systems of Jewish and Muslim courts which deal primarily with matters of one's personal life, such as marriage and divorce. The secular and religious court systems co-exist; one hears differing opinions as to how comfortably. Israel has no written constitution and a political system in which a unicameral legislature, the Knessett, is predominant (think England again). However, the country has been instituting a constitution piecemeal, com- ponents of which are called the Basic Law. It is a constitution in development. Israel is a country under siege and has been since the moment of its birth. In contrast, however, a tourist in Israel experiences a very high level of personal safety. While there is some property crime, violent criminal activities are rare and the entire country is always on alert for terrorist activities. One has a greater sense of security in and than in a number of major American cities. The sense of culture and surroundings is also a study in contrast. One sees individuals and neighborhoods reminiscent of the 16th Century and the 21st, ultra religious and secular. Tel Aviv is a modern city, a bit over 100 years old, while Jerusalem is an ancient city founded more than three millennia ago. The impression I had of Tel Aviv and Jerusalem, from street life, traffic, and apartment living, was that of a modern Western Euro- pean city. The country is a freewheeling, boisterous democracy with every opinion reflected in the press, and many Israelis willing to talk about politics will vigorously try to convince you that their political position is the only rational one. Travel can and should be an enjoyable, enriching, and entertaining experience. I had such an experience in Israel. Deborah Gubin's Reflections: A Multifaceted Experience This was my first trip to Israel. I had always wanted to go and this was a perfect opportunity. The question became” what did I expect from the trip”. I know so many people who have traveled there and they all have different experiences. Was I going to have a religious experience? Was it going to be an educational experi- ence? Was it going to be just good sightseeing? How much of the politics of the day have an effect on my per- ceptions? Was I going to expect too much and end up being disappointed? I wasn’t disappointed. It was a mixture of everything else. I’ve mentally divided the trip into different as- pects: The Physical (the land itself); The Historical; The Political; and The Religious. Let me begin with the physical. The land measurement of the State of Israel is misleading when you consider

Cont. page 4 the country’s different terrains. This has had a major effect on its development from the seaport of Tel Aviv/ Jaffa and Haifa where trade has always been important to the wineries of the Galilee to the kibbutzim to the desert (which is more rocky than sandy) to the Golan Heights to the hills that are Jerusalem. Each one of these areas has its own physical beauty. Some of it may be incredibly desolate. Development in Israel includes greening the countryside, growing produce. The cities are crowded as space is at a premium. There are more apartments than single family homes in the cities. The streets are clean and the views are incredible. Looking down on Jerusalem from Hebrew University you see the Old City and the beauty of the Dome of the Rock; looking down on both Israel and Syria from the Golan Heights you see the farm, the beauty of the land and how important it is to control the area; in old Jaffa you out on the Mediterranean Sea and watch the sun set; Banias waterfall and the River vast at some points and a mere stream in others. The flowers at Kfar Blum were bright, plentiful, well cared for and gave a sense of peace. The Historical: We were fortunate to have a guide who knew the history of all the land going back thou- sands of years. He was able to tie in the physical aspects of the land with the architecture, the politics of the time structures were built as well as the 67 year history of the State of Israel. Seeing how famous buildings were built on top of older buildings or what the original building and what was the renovated developed the deep history of the area. Visiting the ancient city of Caesarea, the old city of Jaffa, Old Jerusalem was amaz- ing. The dates for the trip were chosen as it was after Passover and before the weather became too hot (we actu- ally were in Israel when they were experiencing cooler than normal weather). That put us in Israel for Holo- caust Memorial Day, their Memorial Day and Independence Day. I will acknowledge a bias in support of Is- rael which was strongly re-enforced after seeing what was done to establish the political State of Israel and then what they have done to develop the country and improve the land and society. Our meetings at the Israeli Supreme Court and Hebrew University were informative as to Israel’s commitment and dedication to the rule of law. In a country of such religious diversity they have worked with the established religious courts as well as establish secular courts. I believe it shows their respect for and the importance and influence these religious courts have on the members of their society while also requiring rule of law to prevail. The Supreme Court Building is beautiful and open and airy as justice should be. Because it is a young country in an old land it was moving to see the respect for their history. On Holocaust Memorial Day and on Memorial Day when the sirens go off at 10:00. EVERYTHING, and I mean everything, stops for a few minutes of silence, reflection and prayer. On those days and Independence Day there are flags everywhere and a pride in their country and what they have achieved. You also see in with the members of the IDF (Israeli Defense Force). These young men and women are pleased to serve. Their higher education does not begin until after their three years of mandatory service. The Religious: I can’t say I had a religious experience on the trip but it was important to me to see a Jewish State. I can say that I was moved as a Jew by what I did see. There is a dedication to a land where all may come and have a home and a place to practice easily their religion. At the same time there was a great respect for other religions and preservation of their places of worship and historic sites. It was a wonderful trip with wonderful people and many experiences. Michael B. Hyman's Reflections: Three Books, Three Moments I had been to Israel once before, in 1971 for a three-week study and sightseeing tour. So, on this trip, every- thing appeared unrecognizable yet so familiar. Today, as in 1971, the world perceives Israel as a place of conflict and controversy. But that was not the Is- rael that I embraced and that embraced me. I found Israel then and now a place desiring peace but not at the risk of jeopardizing its security, a place where, despite constant threats, people live without fear, a place of natural and unique beauty, a place humbling in its history, a place of excitement and optimism and pride. During the long journey from Chicago to Israel, I read three books. Each involved a different slice of Israeli history. And, as it turned out, each would come into play at a special moment on the trip. The Eichmann Trial Diary: An Eyewitness Account of the Trial that Revealed the Holocaust by Sergio Minerbi Minerbi, a young Israeli journalist who had emigrated from Italy, was retained by Italian state radio and tele-

Cont. page 5 vision to cover the Eichmann trial, which began in April 1961 and concluded in December. Milerbi’s diary provided a graphic account of the daily proceedings, with a "you-are-there" type of intimacy. I finished it just as we were approaching Tel Aviv. That first night happened to be the beginning of Yom HaShoah (Holocaust Remembrance Day). Restaurants were closed, except at hotels. Solemn music played on radio stations that continued to broadcast. Stores closed early. We met with Natan Shapiro, our tour guide and chauffer, for dinner. After Natan described the tightly- planned itinerary, we held our own remembrance ceremony, reading the testimony of Holocaust survivors. Be- ing in Israel, on that day, having just finished Milerbi's book, made the readings even more heartbreaking. I read, "'The Holocaust is a sacred realm,' wrote Eli Wiesel. 'One cannot enter this realm without realizing that only those who were there can know. But the outsider can come close to the gates. One can never know and yet one must try.' And everyone followed with "Only those who were there can know. We can never know, and yet we must try." Throughout our stay—in English newspapers, on tattoos occasionally spotted on an elderly person’s arm, at Yad Vashem—we tried to know more about that which we can never know…or explain. : A Land of Our Own, An Oral Autobiography, edited by Marie Syrkin Published in 1973, Meir's life story is told through her writings, speeches, and interviews. She was no ordi- nary Jewish mother and grandmother, although her chicken soup was said to be second to none. Here is a true hero—brave, selfless and strong, who dedicated her life to securing a sovereign nation with secure borders. All of us convened on the evening of the start of Israel's memorial day for a brief reading of quotations on peace taken from the book. One of us read what Meir said about the deaths of young Israelis and Arabs, "When peace comes we will perhaps in time be able to forgive the Arabs for killing our sons, but it will be harder for us to forgive them for having forced us to kill their sons." Meir's words echoed every time I saw one of the many monuments and memorials to soldiers that dot the country. Judgment in Jerusalem: Chief Justice Simon Agranat and the Zionist Century by Pnina Lahav Shimon Agranat, the third chief justice of the court, served in that role from 1965-1976. He grew up in Chi- cago, and received his undergraduate and law degrees from the . In 1930, he settled in Haifa, where he practiced law. His Hebrew, it is reported, had a strong American accent, probably resembling a Chicago accent. I selected this biography of Agranat, who is regarded as one of Israel's greatest jurists, be- cause of his connection to Chicago, Israel, and the law. As it turned out, our tour of the architecturally expressive Israel Supreme Court Building in Jerusalem con- cluded with a group picture with Justice Joubran before a painting of Chief Justice Agranat. Inscribed on Agranat's tombstone is the Talmudic phrase "to judge the truth truthfully." According to Judgment in Jerusa- lem, "The inscription offers a literal, clear meaning: Agranat was a judge whose judgments reflected the es- sence of truth. The Talmud, however, gives a more complex interpretation: truth is an elusive concept, beyond the reach of any one individual. 'To judge the truth truthfully' means to do justice to the best of one's abilities. That was certainly descriptive of Agranat." It is also a powerful reminder of the fundamental role and responsi- bility of every judge. Patrick J. Leston's Reflections: What’s not to like? The IJA Israel trip invitation arrived just at the right time. My wife, Kris, and I are retired. So we travel. A lot. But of course we had to do our due diligence. So we asked the question on everyone’s mind when going to a foreign country: “Will someone there try to blow us up?” We checked around. Most people said, “Probably not.” So we went. It’s about a 15 hour trip to Israel, including a 3 hour layover in Frankfurt. Frankfurt is like the Atlanta of Europe. Apparently every plane is required to stop there. But the Lufthansa flight was fairly comfortable. There was plenty of complimentary wine, more legroom than on domestic flights, and enough time for me to enjoy 4 action movies. We arrived at the Dan Panorama hotel in Tel Aviv. We later stayed at a Dan Panorama hotel in Jerusalem. It was nice of Mr. and Mrs. Panorama name all of there hotels Dan. Easy to remember. We had an elaborate buffet dinner and then joined our guide, Nathan Shapiro, for a short history lesson and an overview of the trip. Nathan is a 10th generation Israeli and seemed to know his way around.

Cont. page 6 Since this was an IJA trip, we did judge and lawyer type things. We spent the first morning with a lawyer from Tel Aviv and another from a large U.S. firm, practicing in Israel. They explained that Israel has a culture of laws and argument. Everyone is either a lawyer, has an immediate family member who is a lawyer, or thinks he is a lawyer. Law is an undergraduate degree and appears to be the fallback major. They have 6-8 times the number of lawyers per capita than in the . The law school at Hebrew University was founded 50 years before the founding of the country. This is a lawyer type of place. We took a guided tour around the law school campus, with a beautiful view overlooking Jerusalem. We met with a number of law school professors, including a former chief judge of the Israeli Supreme Court and a for- mer chief judge of the Sharia Court of Appeals.The grand finale of the Supreme Court tour was a meeting in chambers with Justice Sabin Joubran, the only Arab Supreme Court justice. He’s a big fan of Chicago. His daughter lives here. Not surprisingly, she’s married to a lawyer. But we certainly didn’t spend all of our time with judges. We toured. If you’ve read about a place in the old or new testament, we were there. We drove north, past the Sea of Galilee to Mt. Beatitude and the Church of Loaves and Fishes. We walked through the old city of Jerusalem and past the Western Wall of the second temple, visited the Church of the Holy Sepulcher in the Christian Quarter, and walked the Via Dolorosa. I in- convenienced our travel companions by becoming hopelessly lost in the huge Arab market in the Muslim Quarter. (Thoughtfully, the guide refused to heed my wife’s suggestions to let me to find my own way back to the hotel. I would have made it. I remembered the hotel’s name was Dan something.) We crossed over to the Arab controlled area of Bethlehem to visit Mt. Calvary, and then went on to the Mount of Olives, the Church of Peter, and the room of the Last Supper. From Jerusalem, we headed south to the Dead Sea and Masada. The Dead Sea is much like Salt Lake, ex- cept there is no winter skiing and very few Mormons. Jump in, float, take a picture. Then run to a fresh water shower to wash off the rotten egg smell. Been there. Done that. Never going again. Masada, for those who didn’t see the movie, was the last holdout of the Jewish rebels against the Romans, who had destroyed Jerusalem in 70 A.D. Eight thousand Romans laid siege to the fort, eventually building a ramp to move siege towers and a battering ram to the fortress walls. Nine hundred and sixty rebels committed suicide rather than surrender. What you might not have known is that Masada was built by Herod the Great, shortly before the time of Jesus. Herod was born a Jew, raised and educated in Rome, and installed by the Ro- mans as the king of Judea. Constantly fearing a Jewish uprising, he built Masada as a winter palace and for- tress, with well stocked store rooms, pools and sauna, a sophisticated cistern and water collection system, and near impregnable walls. It’s built on a rock plateau, in the middle of the desert. To get there, you go to the middle of nowhere. It’s a few miles farther. And it’s actually worth the trip. We continued to , a resort town on the southern tip of Israel and the northern tip of the . Despite being near the Dead Sea in both distance and literation, the Red Sea is more of a water wonderland, with a unique aquarium and underwater observatory, built right into the sea, over a coral reef. There are hotels, ma- rinas, and scuba shops. Arriving in Eilat was like driving through the Badlands and ending up in Ft. Lauder- dale instead of at Wall Drugs. From Eilat, we crossed over to Jordan for the trip to Petra. Petra was the center of trading routes in both Greek and Roman times, controlling caravans and levying tolls effecting the movement of frankincense, myrrh, spices, silk, and ivory. By the time of the crusades, the demand for frankincense and myrrh had dwin- dled, most likely because everyone had a jar and the stuff lasted forever, and Petra was abandoned. It was pretty much forgotten until Indiana Jones chased the Gestapo through Petra’s scenic gorges and into Al- Khazneh (the treasury) at the conclusion of “Raider of the Lost Ark.” Petra is magnificent. It is often justifia- bly referred to as the 8th wonder of the ancient world. The structures, now thought to be primarily tombs and temples, are carved out of solid rock in a secluded canyon and mountain side. And the facades have survived in near pristine conditions for over 2000 years. Petra is a UNESCO World Heritage site and it’s a nice piece of work. Put Israel on your bucket list. It’s a tourist friendly, first world country. Unlike London or Paris, there are no Uzi toting soldiers in the airport and no military presence in the cities. Everyone speaks English. Prices are reasonable, the a/c systems work, the hotels are new and clean, and the ATM machines dispense shekels. It’s

Cont. page 7 historic, scenic, and safe. What’s not to like?

Ben Mackoff’s Reflections: ISRAEL REVISITED, A Remembrance And A Salute In 1951, three years after its birth, I had the opportunity to travel to the State of Israel. I went with a group of college-age students from the U.S., U.K., Sweden and . We flew in ’s first planes – converted DC4s from the U.S. Amy Air Corps. It was a 36 hour flight from New York to Gander, Newfoundland to Shannon, Ireland to Paris, to Rome, Italy, then to Lydda (now Ben-Gurion) Airport in Israel. The tour was divided into three parts: study, travel and work ex- perience. We arrived first in Jerusalem and stayed at a local high school (gymnasia) in the Rehavia neighborhood. Each morning we were awakened by a braying donkey parked overnight across the street from the school. After breakfast, we marched over to Terra Sancta College (the Hebrew University on Mount Scopus was in Jordanian hands and was inaccessible except for a U.N. convoy each Wednesday that went to the University to feed the research animals). Our studies included modern (both written and conversational), governmental structure, geography and the economic, cultural and political as- pects of the new state. We studied in the mornings and toured (tiyulim) the rest of the day and during “free days.” We traveled North to Metullah on the Lebanese border and south to Beersheba and the desert; and from the Mediterranean Sea to the Jordon River. We visited the maabarot (immigration camps) where, at that time, Israel, a country of about two million peo- ple, was attempting to resettle families from the 800,000 Jews expelled from Arab lands and from the “refuseniks” allowed to leave the Soviet Union. We visited Druze villages whose Muslim families opted to remain in Israel when Israel was attacked and whose men fought alongside the Israel Defense Forces. We toured industrial areas, including the Nesher Cement Factory in the Galilee and also made the rounds of the classic Kibbutzim (collective farms) from the shell-pocked Ramat Rachael outside Jerusalem to Kfar Blum in the Huleh Valley to Kibbutz Dagania near Lake Tiberias where a Syrian tank came to the front gate before it was disabled. There were also places where we could not go. We could not go to the old city of Jerusalem or to the Wall; we could not go to the Hebrew University on Mount Scopus; we could not go to Masada; we could not go to Eilat; we could not go to the Golan Heights. Most of those places were beyond Israel’s borders or too difficult to reach. At the time, Tel Aviv was a beautiful beach town with a collection of low rise buildings probably no higher than six or eight stories. Jaffa was an Arab suburb of Tel Aviv and Accre was noted for its crusader castle and for the British police prison that was the scene of a Haganah jail-break. Sfad was the mountain home of the Kabbalists and attracted many rabbinic schools. Ceasarea was said to be the place where the “miracle of the loaves and the fishes” occurred. It also had a Roman amphitheater displaying the headless statue meant to rep- resent the Roman emperor whose head was changed as needed. Jerusalem was a beautiful hillside city newly rebuilt of pink colored “Allenby Stone,” a masonry stone decreed for all new buildings by General Edmund Allenby who led British forces into Jerusalem and ousted the Turks in World War One. The YMCA (there pro- nounced “Yimca”) stood boldly as the highest building in town and was the place where 18 year old Nachal military recruits began their training. Across the street was the King David Hotel where we could meet tourists from all over the world. We heard David Ben-Gurion speak at Mount Hertzl and were introduced to officials from the government, the military, the rabbinate and the press. We also got a chance to form friendships within the Rehavia neighborhood. I hung out with Chaim, Moshe and Dov and we traveled all over the city as only locals could. Late July required us to move on to our work assignments at various Kibbutzim. I traveled north along the Mediterranean to Haifa, a lovely port city, and then into the to Kibbutz where about half our group was assigned. Kibbutz Yiftah was built on a high ridge on the Lebanese border overlooking the Huleh Valley. The Huleh swamps were being drained for arable land by the settlers of Kfar Blum under Syrian

Cont. page 8 artillery fire from Mount Hermon on the Golan Heights. Yiftah was a Palmach Kibbutz established by soldiers who had served in the Palmach commando unit during the 1948 War of Independence. At Yiftah we got up before dawn, had breakfast and went to work in the fields under guard. In the afternoon we hauled stones and laid the foundation for the library. In the evening, we had time for socializing,music and the occasional movie in Hebrew and in English. The kibbutzniks took their politics very seriously. After I left, I heard that the up- coming elections between the Mapai (the Labor party in power) and Mapam (the Socialist party) caused a split at the Kibbutz. Backers of their preferred par- ties moved to reside on either side of an arbitrary line drawn to separate the two factions. By the end of August, our tour of Israel was coming to a close, so we left Yiftah, headed back to Jerusalem, regrouped and then headed to the airport at Lydda, where our El Al DC4 awaited us. After a few mishaps, such as having an engine quit and losing oil over the Mediterranean, we headed home by reverse route. Those of us returning to the U.S. got as far as Gander, Newfoundland because New York was “soaked” by the weather. However, at the Gander airport we had a real treat. We had an opportunity to meet and spend time with Triegue Lie, the Secretary General of the United Nations, who was also waiting for the fog to lift. As we were flying home from Gander, we passed the Statue of Liberty standing outside New York harbor; an uncontrollable feeling of exhilaration overcame me, as if the Star Spangled Banner played by the Marine Band went off in my head. Notwithstanding a lifetime of travel, it still does. ****************************************************************** Sixty-four years later, in April 2015, I was again traveling to Israel, this time with my wife Carol and a group of judges and family members sponsored by the Illinois Judges Association. However, this flight took only ten hours and we flew non-stop from New York’s Kennedy Airport to in Israel in the latest El Al 747-400 jet. The group included Judges Deborah Gubin and Ann Collins-Dole, Justice Michael Hyman and his brother Daniel, Justice Richard Goldenhersh, Retired Judge Patrick Leston and his wife Kris, my wife and I. All in all, a very compatible group. A day after we arrived in Tel Aviv, Israel commemorated Holocaust Remembrance Day (Yom HaShoah) when everything in Israel came to a halt at 11:00 a.m. Even cars on the highways stopped and the drivers stood beside their cars for a full minute in remembrance. We also were in Israel later that week to help the Israelis remember their fallen military in their Memorial Day and a week later celebrate their sixty-seventh Independ- ence Day (Yom Hazikaron). At the time that Israel declared its independence in 1948, there were 600,000 Jews living in Israel. They were immediately attacked by the armies of , Jordan, Syria, Iraq, Lebanon and Saudi Arabia, having a combined population of over 40 million. The Israelis persisted, defended their land and pushed back. When the truce was imposed, they were standing beyond their original U.N. conceived borders. The Jewish state was attacked again in 1956 and 1967 and, in defending their homeland, their territory expanded beyond what I was able to access in 1951. This time, I was able to shop in the old city of Jerusalem; I was able to visit the Hebrew University on Mount Scopus; I was able to go to Kfar Blum without the fear of artillery fire from the Golan; I also went to the Golan Heights with the Israel Defense Forces and although we heard the rumble of artillery fire, it was next door dur- ing the present war in Syria. I also accessed Herod’s palace at Masada and visited the Dead Sea; also, the Red Sea port of Eilat. I revisited Kibbutz Yiftah which had modern, individual homes, fertile fields, a library and hundreds of families living there. I stayed two nights at Kfar Blum, which now had lush fields where the swamps had been. We saw the and Lake Tiberias, the Roman ruins and the modern factories run by computers. Tel Aviv, Haifa, Sfad, Jerusalem, Beersheva and Eilat were filled with clusters of multistoried towers reaching skyward. I found the gymnasia in Rehavia and visited Terra Sancta College as an “alum.” Neither had changed very much. I looked for my pals. Chaim had been killed in a military operation many years ago. Moshe was still in Jerusalem but we were not able to connect and I heard that Dov was the father of an Israeli “rock star.” The donkey that was parked across the street was nowhere to be found, and if around, was a very old donkey in- deed. We spent most of our time in Jerusalem. We visited various religious sites: Roman Catholic, Eastern Ortho-

Cont. page 9 dox, Muslim and Jewish. We were invited to outdoor Bar-Mitzvahs. We toured many museums and historic sites. We had a special tour of the and spent time in an informal discussion with Su- preme Court Justice Sabin Joubran, a Mennonite Arab. He was very gracious, answered all our questions and posed for pictures with us. Carol and I stayed an extra week for a journey south into the Judean Desert, to the Ramon Fault (a natural gouge in the Earth), to Ben Gurion’s Kibbutz Sde Boker, to Eilat and for a journey to see the 13th century carved structures in the canyons and caverns of Petra, Jordan (made famous by Indiana Jones in the first ad- venture movie). During this tour of Israel, I found the country very different in many ways from my first visit in 1951. It is more modern, more Western, more people, more buildings, more traffic, more highways, more hustle, more tourists from more countries, more military, more commerce, more lifestyles, more colleges and universities, more restaurants and bars, more outdoor markets, and yet…the structures that have been around for centuries seem comfortable with their modern neighbors and appear likely to be preserved so long as the State of Israel exists. Israel has many problems; some are economic which accompany its rapid growth. But the overarching prob- lem of Israel is assuring its continued existence. Although it has peace treaties with Egypt and Jordan, it is sur- rounded by unfriendly nation states in the Middle East and North Africa pledged to its destruction and terrorist organizations calling for its extenction. The need for a strong military has led to economic and diplomatic con- cerns. But the pioneering (hehalutz) spirit that I observed in 1951 still prevails. It is this spirit that allows Israel to send missions of doctors to Africa to fight AIDS, to send rescue teams to Nepal to aid earthquake victims, to provide hospital beds to treat their neighbors throughout the Arab world and lawyers to make sure that the ene- mies who wish them ill are treated fairly under the law. This tour gave me the opportunity to see the growth of Israel and test its resolve to live in peace among its neighbors; to observe the dedication of its people to its continued existence and the dedication of its citizenry to live under the Rule of Law.

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Cont. page 11 TRAVEL BEYOND ISRAEL: A TOUR OF PETRA By Judge Deborah Gubin

The official Illinois Judges trip to Israel ended in Jerusalem. Five of us (the Mack- offs, Lestons and I) had decided to continue traveling south on to Petra. On the way we stopped at Sde Boker Kibbutz in the Negev Desert, the desert home of Ben Gurion. David Ben Gurion was Israel’s first Prime Minister. Gurion’s history is inter- twined with the development of Israel, the development of kibbutzes and develop- ment of the land itself. On a kibbutz everyone must contribute. Ben Gurion believed in this type of development and wanted to be part of it. He wanted to be part of making the desert thrive and part of the land. As such, he and his wife went to Sde Boker. This kibbutz is now more of a museum that tells the history of the in Israel and Ben Gurion. It also shows the development of the desert in Israel with beautiful plants and flowers. You walk into Ben Gurion’s home and see it is the same size as any other with the exception of the bomb shelter the military insisted they build. His office is filled with books in various languages and on various topics. It really is a paradox; Ben Gurion had retired, but went back into po- litical life when needed. According to our guide he was a domineering personality with a love for the land and his people. After Sde Boker, we continued south to the Ramon Center. The Ramon Center is relatively new. It is dedi- cated to Ilan Ramon, the Israeli astronaut who died in 2003 when the Shuttle Columbia disintegrated while re- entering the earth’s atmosphere. The Ramon Center is located on the northern cliffs of the Ramon Crater, the largest of three craters in the Negev. The scenery is amazing! There are paths to hike, but I refrained. The Center is interactive and shows the formation of Negev and its craters. There is also the Ilan Ramon exhibition, which ends with a short film about Ramon and his work. At the conclusion of the short film, the curtains open to this incredible panoramic view of the crater. Breathtaking! Farther south, at the southern-most tip of Israel, is Eilat. This very modern city is home to a beautiful Under- water Observatory Marine Park. There are several buildings in the Park. One of the most interesting is the one that is an odd shape and in the water. You go down the stairs to observe marine life in the open water. Eilat has a beautiful waterfront with a boardwalk making it a popular vacation spot. We then travelled on to Petra, Jordan. On the Israeli side the customs officer looked at my passport, asked the purpose of my visit and inquired if I had family in Israel. I was startled by this,but was informed she had possibly recognized my name. (It’s possible, but I’m just not aware of any family in Israel.) When you enter Jordan it is a mirror image of the customs office on the Eilat side, maybe a tad smaller. We met up with a dif- ferent guide and driver and were off to Petra, which is north of where we entered Jordan. We were told that everyone in Jordan is a member of a tribe and they owe complete alliance to their tribal leader. It is not clear how many tribes there are in Jordan or how this affects local and national government. Jordan is a kingdom and has a parliament, but that’s all that was discussed of its political makeup. Petra is a Nabataean caravan-city situated between the Red Sea and the Dead Sea. Once it was an important part of the trade route, but things changed, causing it to be deserted. The ruins are absolutely breathtaking; a mixture of primitive and elegant. We passed what appeared to be plain-wall huts and then large buildings, per- haps the height of State of Illinois Building, but of far superior design and detail. The stone has different hues based on the minerals in it. Some is very light, others a deep red and others has lines of different minerals. It is a photographer’s paradise. The angles, light and dimensions could take weeks of study. We did see several painters taking advantage of the scenery. If you could possibly be bored looking at the ruins in Petra (not possible!) all you have to do is turn your at- tention to the variety of tourists. The dress was very international from causal tourist to traditional Arab to sev- eral women in three-inch heels. At the base of the ruins several merchants set up their wares or you could opt for a camel ride.

Cont. page 12 After our time in Petra we had lunch in a small restaurant. The food was very similar to what is served in Is- rael. Interestingly, our guide and driver did not sit with us at the meal; they sat at a separate table. I don’t know if this is custom of the country or of our individual guide. It was here the Mackoffs returned to Eliat with our guide and the Lestons and I went with another driver to Amman, the Capital of Jordan to return to the United States. The ride to Amman was interesting. Our driver was very nice, but not conversant in English. Fortunately, there was not much traffic as our driver liked to be over the center line. Amman is north of Jerusalem so we were able to see some of the country. Along the highway there did not seem to be much development, but we did see shepherds with their flocks and small villages. As we approached Amman there was more develop- ment. The city itself seemed very large with a lot of modern buildings. It was nightfall when we arrived so our sightseeing of the city was limited. It was off to dinner and then to a very beautiful and modern airport for the flight home. The “add-on” was an excellent addition to a memorable trip.

FUTURE TRIPS

LONDON! OCTOBER 2016 FOR DETAILS, CONTACT JUDGE TOM LIPSCOMB [email protected]

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UNDER CONSIDERATION: IRELAND Spring or Summer 2018 Good idea? Would you consider? If so, contact Kathy Hosty at [email protected]

Benefits Update By John Coady Pension Reform: On May 8, 2015, the Illinois Supreme Court issued a decision finding the General Assem- bly's fall 2013 pension reform legislation as unconstitutional. On August 3, 2015, the United States Supreme Court granted the Illinois Attorney General's application for an extension of time to file a petition for writ of certiorari, with an extended deadline of September 10th.

On September 9th, an Illinois Attorney General spokeswoman said that there would be no appeal of the pen- sion reform decision to the United States Supreme Court. This effectively concludes this round of attempted pension reform.

IJA will continue to monitor whether new pension reform legislation is proposed and whether it purports to apply to "new hires," current employees, and/or current retirees and their survivors.

Additionally, IJA will continue to monitor current funding of Illinois pension funds, as well as efforts to ad- dress prior years of underfunding.

Health Insurance, Medicare, and Medicare Advantage: For the last few years, matters of state health insur- ance, Medicare, and Medicare Advantage policy for all state employees and retirees and their dependents and survivors have been decided in the State's negotiations with state employees' unions, primarily AFSCME.

The most recent AFSCME contract expired June 30th. Negotiations for a new contract have been underway for several months, with no indication that a settlement is near. On Wednesday, September 9th, the State and AFSCME announced an agreement that the terms of the labor contract that expired on June 30th will be again extended, this time until a settlement or an impasse is reached. Terms extended and subject to negotiation in- clude matters of state health insurance, Medicare, and Medicare Advantage.

Medicare Advantage only: Central Management Services (CMS) of the State of Illinois has announced that it is proceeding with a series of Total Retiree Advantage Illinois (TRAIL) seminars throughout the State from October 13th through October 30th. Those seminars are primarily conducted for the benefit of newly eligible Medicare Advantage state retirees.

Any retirees are welcome to attend the TRAIL seminars, but they will be similar to last year’s seminars. To those retirees newly eligible for Medicare Advantage, CMS sent letters in mid-September (on yellow paper) informing those retirees that they are now eligible for Medicare Advantage and informing them of the seminar details, including date, place, and time.

Retirees currently enrolled in one of the TRAIL Medicare Advantage plans do not need to attend the seminars unless they wish to ask questions to either CMS or the health plans being offered.

All retirees, including those currently enrolled in the TRAIL Medicare Advantage plans as well as those newly -eligible for the Medicare Advantage plans, will receive an enrollment kit in the mail the first week in Octo- ber. Newly-eligible retirees MUST return the enrollment form included in the kit; retirees currently enrolled in one of the Medicare Advantage plans should only return the form if they are making a change to their Medi- care Advantage coverage.

Budget complications and health care: A developing situation that IJA will monitor is that due to the budget impasse the State has ceased payments to health-care providers who provide services to those with health in- surance coverage from the State's self-insured plans. CMS reported in an “Informational Notice” dated Sep- tember 9, 2015, that “a few of the providers in our self-insured plans (i.e., Cigna, HealthLink OAP, Coventry OPA and Delta Dental) have asked our members to pay cash at the time of service.”