THE DOCKET The Official Publication of the Lake Cou nty Bar Association November 2007 • Vol. XIV, No. 11
Also in this issue: • Checking in on an Application of the Continuing Violation Rule by Mark Van Donselaar • Rule 216 Requests to Admit: Is Your "Good Cause" a Lost Cause? by Daniel Jasica November151Northbrook ASSETP ROTECTI ONP LANN ING Check~in : 8:00a.m. Anintroductoryexplorationofcontemporarywealth ATG LEGAL Program:8:30a.m.·12noon protectionplanningmethods,includingdomestic (3. SCLEhours) entitiesinconjunctionwithforeign situsasset ED UCATION protectiontrusls. An ATGT rustprogram.
November-December2007 November151Northbrook BASIC§ 103 1"S TARKER" T AX-DEFERRED Check-in:12;30p.m. EXCHANGES ATGand itS5ubsidiar ies,A TGT rustCompan y Program:1 :00-4:30p.m. HelpyourclientsincreasetheilWealthusingoneof andCa pitalFundinqCor poration.pr ovide (3.SCLEhours) thefewtaxstrategiesavailabletopeopleofvirtually Jawyersw ithqua li tyeduca tionalpr oqrams.W e anyincomelevel. An ATG T rustprogram. areenhancinqourpr oqramsandupq rad inqour defiverysystemssow ecanoff era v arietyof DecemberSIChicago BASICL OANO RIGINATI ON wayst ory outomeetClEr eq uirementsa nd January91Lombard AMortgage1 01 classonprovidingclientswith improvey ourr ealesta te,titleinsur ance.and Check-in:8:45a.m. mortgageproductstailoredtotheirneedswhile Program:9:00a.m .-2:30p.m. earningfeesseparateandapartfromyour estateplanninqleq alskills . (4.0CLEhours) customarylegalfees. ACFCprogram. SPECIALA TTORNEYDISCOUNTS: PurchaseA TGleq alEduca tion ClEpr oqramsscheduled throughJ une30.2009, ATGLegalEd ConnectOn-LinePrograms: foranaff ordable.llatf ee. Real-timeclasses\'iathelnternet. GainCLEcr editfr omyour office! Fordetailsandsemina rloca tions.visit ww w.atqf.comandc ti ckthe"A TGleq al November13 YEA R- ENOC lIENTS TRATEGIES Log-in:11:S0a .m. -12noon Education"loq o. ReviewitemsyouneedtoconsidelWhenadvising Program: 12noon- 1: 30p.m. clientsontaskstocompletebytheendofthe (I.SCLEhours) calendaryear . An ATGT rustprogram.
DecemberS 1099C OMPLI ANCE:R EPORTINGS ALES December12 PROCEEDS TOS ELLERS ANO T II EI R S Log-in:11 :S0a.m.-12noon Federallawrequiresreportingthesalespriceof Program:12noon-1 :30p.m. residentialrealpropertytothesellerandthelRS. (I.SCLEhours) Thisprogramguides ATGmemberclosersthrough theprocessandhow REsourcecanmakeiteasier
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Champaign I Chicago Loop I Chicago Nonh Side 800.252.0402 Homewood 1Liberly" illc I Lombard I Mt. Prospect WWW.ATGF.COM Nonh Riverside I Oa k Lawn I Schaumburg Wheaton I Belleville I Madison, Wis. ATTORNEYS ' TITLE GUARANTY FUND, I NC. L~BA THE DOCKET The Official Publication of the Lake County Bar Association
NOVEMBER 2007 3 President's Page ...... Fredric Bryan Lesser, President
7 Chief Judge's Page ...... Han. Christopher C. Starck, Chief Judge
9 Bridgewater Over Troubled Lago Vista ...... Han. Charles Johnson 13 Checking in on an Application of the Continuing Viola tion Rule ...... Mark Van Donselaar
19 Is Your "Good Cause" a Lost Cause? ...... Daniel Jasica
25 Myr~ Bradwell, First Fe m ~ l e Lawyer ...... Ken Suskin
27 Writer's Workshop
30 LCBA Monthly Business Meeting: September
33 Executi ve Board Meeting Minutes ...... Han. Daniel B. Sha nes, Secretary
34 Civi l Trial and Appeal Committee Minutes ...... /oe Kolar 35 Wills, Trusts, and Probate Committee Minutes ...... Liz Rochford, Chair
39 The Gr~pevine (publicity ~nd Public Relations Committee)
The Lake County Bar Association Advertising Olll' ,,, 1 WCIVl' Bar i Nllrth COllnl), Slrl'l'! • \
QUClrlcr Pi'lgL' S115 S1n5 ~y:; 6 tn 10 Ii nc~ 535 200712008 Executive Board Editoriat Hi'lif Pilge 5170 5155 $140 11 10 151il1('5 540 Fredric Bryan L esse r -Prl' ~idclll Coordinator Bryan Winter- 1s l Vi(t,- P rl'~idclll ASM.lnc. Fu ll Pi'lgc 5290 5265 $24!1 16 1020 lines $45 Scott B. Gibson-2l1d Vh·I,-Prl'~if/O/I Tn pl,,((' "11 "d ur ror rnfonn"hnn 011 "cl\'l'rtr"tng r,,\('S, (,,11 ( ~7) 244·"11 4"1 , Perry S. Smith, Jr. -Trm:'lIra Staff Subml~<;lol1 de"cllln(': Fm.. t clay 1'( month preccc1mg thl' month of rublictllion. All I-Ion . Daniel B. Shanes-S,'O't'lary Amy D. Darling submls ... ron~ mu<; t be made in electronl(" fo rma t acctlmpallled by a hard (OPY Robert S. Smith, Jr.-llI/lI1cd illl!' P{/:,I Prc:.' . IJr!'>ke1t~ arc retumed to 7 N C(IUllt}' Slrl'('t, \.V'H1kq;
The October Docket conteined two Stelue of Liberty photos thet ran without credits. The photo on pege 9 wes taken by jonathen De vies of Bredford, Engtand. The photo on page 25 was teken by Stewert Cherlin of Park Ridge, Ittinois. What, Me Worry?
"Illinois Class Actions filed against title companies for paying fees to attorney agents for which no core title services were performed. " •The Title Report
"The Inquirer has an independent obligation to comply with the Illinois Rules of Professional Conduct and should determine whether or not the allegations in the Class Action Complaint are true. If the Inquirer's activities are illegal or dishonest, the Inquirer should immediately cease such activities." ·CSA Ethics Opinion 2007-08-21
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President's Page
by Fredric Bryan Lesser, Presidel1t
hen my family so too have the number of felonies. After all, they need to moved to Highland cases. The growth in cases has show thilt they ilre tough on W Park in 1960, the been primarily in the criminal crime. population of Lake County justice field. As you, can see Politiciil ns ilnd the U.s. was only 293,656. In 1990, from th e box insert, while Civil Chilmber of Commerce have shortly after I moved my law Cases (including Family Law successfully ilnd irretrievilbly practice to Lake Forest, the Cases) hilve grown by 44' )1" convinced the public that county had grown to 516,418. SlOce 1970, C riminill Cilses "frivolous" laws uits are Now, based on the most recent have g rown by 272%' The "clogging" the court system. In estimates, there are 713,076 growth in criminal Cilses is not fact, since 1970, while the Lake Countians. That's a 143% simply th e result of population population of Lake County increase since 1960. Lake growth. Your state legislature grew by H6%, the number of County is predicted to grow to has diligently worked to in civil suits (excluding divorce) 806,000 by 2020. That's a con creilse milndatory sentences, to went up by only 28%. That's an servative 13% increase over the criminalize more conduct, ilnd increase, but the number of next 14 years. We're going to to make misdemcilnors into civil suits hilS not even re- beat l,(lOO,OOO people very soon. The Lake County Court house was built in 1970. Ini Table on Growth in Lake County tially, the fourth floor was left Lake County Criminal empty, but the county quickly Year Population Civil Cases' Cases"'* outgrew the building. I still marvel at the elevators. Who 1970 382,638 17,793 3,562 thought these tiny dumbwait 1980 440,372 23,210 7,588 ers would be adequate to move hundreds of litigants, lawyers, 1990 516,418 21,129 7,215 [ clerks and assorted hangers-on 2000 644,356 20,004 13,579 among four stories of court rooms? I suppose I should be 2006 713,076 25,533 13,258 grateful that the elevators a re the size of phone booths, sin ce 2020 806,779 7 7 climb.ing the stairs is some 1970-2006% 86'X, 44' 1., 272' 1., times the only exercise I get in a day. • Civil Cases Include Family Law As the county has grown, "Criminal Cases Exclude Traffic and Juvenile Page 4 The Docket November 2007
motely kept pace with popula tion growth. We have certainly not seen the litigation explo sion portrayed in the media (other than The Docket). No, the real growth in the court biz has been in criminal cases. If only the criminals had money, the practice of criminal defense law would be as at tractive as the civil side. Unfor No longer do you need to be at the mercy of law enforcement agencies or unknowns for your tunately, most criminals are process serving. Lakeside Investigations is a nationwide broke. I don't think that is public document search and retrieval firm, uniquely wholly coincidental. Getting positioned to serve your documents anywhere in the U.S. and even abroad. Timely and efficiently. And we 're the government to spend not quitters. As long as we have money on criminal justice is a good address, we'll keep going difficult. Criminals do not have 'til we can say, "Gotcha'" To learn an effective lobbying group. all the things we can do to make OK, they do have the NRA, but your job easier, give us a call. not for appropriations. (I'll get Let's get to know each other. LAKESIDE letters on this onel). Other than what I see on 800.636.1511 INVESTIGATIONS www.lakesideinvestigations.com lic#117 -001132 Bostol1 Legal, I know very little about criminal law. I don't like it when people refer to lawyers criminals. Sadly, both the can nu longer be accommo representing criminals as Bench and the Bar sat mute in da ted on the fourth floor. Last criminal lawyers. They're the fa ce of this calumny. Fortu year, Chief Judge Starck wisely criminal defell s" lawyers. A nately, the voters had more instituted reforms on the small but crucial distinction. It sense than the desperate oppo fourth floor, which have the is axiomatic that every defen nent and the lawyer was cases flowing more smoothly, dant is entitled tu a defense. As elected. but you can only do so much we all knuw, the system de The load of criminal cases with case management. Ten pends upon an adversarial can no longer be accommo pounds of flour won't fit into a search for justice. We should dated within the 1970 Court five pound sack, no matter not allow our brethren defend house. We have already moved how you pour it. Like myoid ing the charged to be demon juvenile cases to the Hulse suits, what doesn't fit well to ized. Just before the last elec Center. Traffic offenses are day will only fit worse ten tion, a criminal defense attor heard in outlying courts in years from now. Counties need ney who was running for elec Mundelein, Round Lake Beach, to plan and build for many tion was smeared by his oppo and the ghost of Lakehurst years ahead. nent in a widely distributed Shopping Center (a satellite Lake County needs to have mailing. The smear pictured building to the vanished shop a separate Criminal Courts the lawyer and his client as if ping center still remains, like a Building. Cook County has sewn together and asked the vestigial arm, twitching in the had one for many decades, 26 th voters if they wanted to elect dust). Still, the sheer volume of & Cal, which has served them someone who defended such the remaining criminal cases well , if not beautifully. Can November 2007 The Docket Page 5
you imagine how chaotic the jail used to be. The annex is a needs to operate with dignity Daley Center would be if continuing source of confusion to be effective. Spacious court criminal cases were also heard for Lake County residents try rooms, good benches and high in the Mothership? ing to find their way to a court ceilings help. We have the land to build a room. The recent additions to Consolidating the Criminal new Criminal Courts Building the Lake County Jail, finished Bench and Bar into their own now. On the Southwest corner less than two years ago, are al clubhouse will have a secon of Washington and County, ready inadequate. dary benefit: the civil court can snuggled into the shoulder of Too often in the past, Lake take over the fourth floor. The the walkway and the Lake County has built tomorrow to civil caseload has grown along County Jail, sits the perfect meet the needs of yesterday. with the county, if not as dra site. The new building could be This time let's do it right. It's matically as the criminal easily connected to the jail for much cheaper to build an extra caseload. We have three judges convenient and secure access. two stories on a building when with no courtrooms now. In a The new building could be you've got the equipment and county with the highest wired for an integrated justice the skilled workers on the site, caseload in the state, does that system, so that law enforce even if the interiors are left un make any sense? The civil side ment, corrections officers, the finished, than it is to later build is reildy to absorb the fourth State's Attorney, the Public De a whole new building or an ad floor now, but part of that area fender, the Court Clerk and th e dition. Let's build in room for may also be needed for ad judges would all have access to growth. The hi story of Lake ministriltion. The administra the same information on il County is, after illl, a story of tion of justice requires some "real time" basis. I'm not sure growth. level of bureaucracy, as much how you have "unreill" time, I hope the county does a ilS we mily loathe the idea. The other than my time slips, but first class job on th e building. bureaucracy needs to have computer geeks ilre il lwilys ex There is such a thing as the desks and chairs and a place to tolling the virtues of "reill miljesty of justice, and appro "bureau." time," so there must be some priate courtrooms lead to re In the coming months, I alternMive form of time. There spect for the law. I well re hope that you will hear more are obvious effici encies that member that when Judge Santi about the need for a new can be achieved by consolidilt was in his first tour of duty in Criminal Courts Building. This ing all of the criminal cases in Probate, he was behind a faux will be a major project and suc the same building and hard by wood paneled bench that had cess will require unity among the jail. been nailed together. Small the Bench, Bar and Law En Constructing a new, sepa Claims was next door and had forcement. We need to advo rate Criminal Courts Building the same temporary, rickety ca te before the County Board, is inevitable. The only ques excuse for a bench. I think they ever the watchful guardians of tions are (a) When; and (b) Will got the paneling as a castoff the county's purse strings. If Lake County do the job right when Bob Depke remodeled you know anyone on the this time? Let's build a facility his rec room. The facilities County Board, please tell them which will still be usable and looked terrible and did not in about the need for a new facil not outmoded twenty years spire respect for the law. Image ity and the advantages that a from now. The 1970 Court is important in the law busi state-of-the-art building can house was quickly full and re ness. We want judges to speak bring. Let's construct a build quired the construction of the with authority, especially to ing to serve our county disjointed annex, where the old young offenders. The court proudly in 2030. Page 6 The Docket November 2007
A few brief notes on our other projects:
1. On Thursday, November 15, at 5:00 p.m., our newly formed Corporate Counsel Committee is having a meeting at the Forge Club. Any corporate attorneys, in house or in private practice, are welcome to attend. If you know any attorneys working for corporations in Lake County, please call them and invite them to come [email protected]) know what you are with you. Please RSVP to Rob Holt at 847- doing so that we can get the word out 283-6838 if you can attend. there.
2. The Wills, Trusts & Probate Committee 5. Please mark your calendars for our Holi Seminar will be at Noon, Friday, Novem day Party on Thursday, December 6, from ber 16, at the Northern Trust Bank, Wau 4:00 to 7:00 p.m. at the Glen Flora Country kegan Road, in Lake Forest. This event Club. This year, in addition to the rare sells out annually, so make your reserva privilege of drinking with me, we will be tions NOW' Call Chair Liz Rochford at rilising funds to buy a gift for our troops 1147-679-9993. Liz has done a remarkable serving in Iraq. As you may know, our job with the Commitke and this seminar own Judge Mike Fusz has two sons serv promises to be the best in i1 long series of ing in a unit over there, and we want to great events. send their unit something that they really need. We are going to let them tell us 3. Congratulations to till' Criminal Law what they need, rather than trying to Committee on their successful seminar in guess. Please come by, have a cold one, Milwaukee. The seminar concentrated on and donate to help support our soldiers. "Sex Crimes in the 21 " Century." It was very well ilttended and showed that 6. Deborah Goldberg has been corona ted as America's interest in sex runs unabated. Tsarina of the Brown Bags. If you would like to present a lunchtime seminar or if 4. Our PubliCity Committee needs to heM you have an idea for a Brown Bag Semi from you. Please let Shyama (LCI3A- nar, please let Deb know.
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Chief Judge's Page
C. I, by Chief Judge Christopher Starck Ii ecently, I attended a progress and a vibrant com of the few letter carriers who wake for a man who munity, it is also significant in still actually walks his route Rwas the next door that it denotes that the com and literally goes door-to-door neighbor to my wife's family fortable old days are now just each day with letters and when she grew up in Grays a memory. packages. He takes the time to lake. In the not too distant As we took time tn visit get to know his customers, not past, Grayslake was a very with some of the others who just his route. I was told that small town, quite rural and in were there to pay their re he actually used to have tears some ways a farm community. spects, I enjoyed observing my In his eyes when long-time A drive through its downtown wife and her famil y as they customers moved to a new area today shows how that reconnected wi th thei r friends home away from his route. He town, along with the rest of from yea rs ago. The stories commented that he still sees our county, has dramatically th~t they shared all seemed to the place where the kids drew changed and become more of a intertwine in a way. That truly their names into some wet ce "yuppie" community. While was a time when the world ment when they were little. the Feed Store building is still seemed much smaller and the They told the story of the time II there and the Dog & Suds is activities of one group of when he actually saved a I still in operation, one notices fri ends naturally spilled over man's life when he noticed :1 that a feeling of "cyber" activi into all of the others. that the man had not gotten ties have become more of the One gentleman approached his mail right away, which he norm. There are quaint shops my sister-in-law Kori and gave otherwise always did. Know of the variety that one would her a huge hug and gave my ing his customers, really knolV have only seen in Wilmette or brother-in-law one of those ing titem, allowed Dan to rec Kenilworth 20 years ago. Who two-handed handshakes that ognize the anomaly, which oc would have thought that a we reserve for our best of curred because the man had trendy coffee shop would have friends. He told them how suffered a stroke. Dan made been thriving in that little farm much he missed them and some phone calls and the res town? their kids. They cha tted for a cue squad was able to bring As is the case for the rest of while, exchanging stories and the man to the hospi tal for Lake County, times have updating each other about treatment. changed In Grayslake. Long news In their families. Kori I have to be honest with gone is the feeling that every turned to me and said, "J want you, I was amazed that a pub body knows everybody else. you to meet Dan the Mail- lic servant, a functionary who There is a faster pace now, and man. " might have been a nameless while that usually signifies As it turns out, Dan is one and faceless individual for Page 8 The Docket November 2007
us all in providing prompt and efficient service for the liti ((We are a{[ in t!iis togetheTj ant! we gants who are struggling with are a{[ trufg public servants ... ff these extremely difficult times in their lives. In December we are also many of us at our own homes, tions to our bench. going to require that our new took time out of his Sunday Bob Smith has been recov Trial Continuance Order be afternoon and brought his wife ering very nicely. He is thank entered in all cases in which a to the wake of one of the men ful for the work of his physi trial date has been continued. who lived along his route. If cians and also grateful for the This order will require that the we had more men like Dan, prayers that you have been of specific reason for which the then the line 'Tm from the fering for him. He is easing judge has granted the continu Government, and I'm here to back into his role as judge and ance be noted and recorded. help you" wouldn't be a will be going full steam before This data, when captured, will punch line any more. It would very long. He will be a fine allow us to better monitor our be something that we could member of our tea m. caseloads and assist us in de legitimately expect: help and But change is not always a termining where the logjams caring from those who provide matter of addition. I was sorry are occurring. Again, this is the services for which we, as to hear that our longtime col another effort to assist us in citizens, pay. The mail might league Don Geiger has de ensuring trial date certainty in get delivered more expedi cided to enter the nex t phase all divisions. You will note that tiously on each route now, but of his life and begin his retire we will not be requiring its use progress, perhaps, isn't always ment in December, 2007. Don in the Branch Courts. all that it 's cracked up to be. has served th e citi zens well, We are all in this together, But change is inevitable, both during hi s yea rs on the and we are all truly public ser and oftentimes a vital neces bench and as an attorney be vants, whether we work for sity. Many of us can remember fore that. He will be missed in th e government or not. We are when we had 7 Circuit Judges the courthouse. I am hopeful here to help the clients and 12 Associate Judges. that we will be filling that va through some tough times, as While a smaller court system cancy soon. When is the last you well know. When I think could allow us all to be a time that there was not a Gei of Dan the Mailman, it gives tighter knit group, such a ger on the bench in Lake me a renewed confidence in thing would obviously be to County? the way things should be. The tally impractical today. We are As you may have heard, day after the wake during the very grateful that we have our Family Division will be funeral for the neighbor, I welcomed two new Associate expanding in December to looked in the back row of the Judges to our bench in Octo four full-time calls. We are church and there was Dan, ber. Lou Berrones and Veron hopeful that this will ease the taking time away from his ica O'Malley are both seasoned backlog of cases and allow us route to make one last visit to attorneys who had stellar rat to progress with our goal of his former customer. If only ings from the Bar Screening ensuring certainty in the dates we could find a way to bring Committee and terrific Bar that we set for trials and hear some "small town" into our Poll numbers. Their training, ings. The new call, along with hectic lives and busy sched work ethic and life experiences a reconfigured use of the DV / ules. will make them excellent addi- D back-up judge, should assist November 2007 The Docket Page 9
Bridgewater Over Troubled Lago Vista Or: Do the Caballes Lockstep by Hon. Charles Johllsoll
eturn with us, gentle Morrow fo ll owed Brid gewater ti ons th at the officer ori ginally readers, to th ose halcyon and asked for his driver's li cense observed . The trial court denied R d ays of earl y summer, and insurance, till' driver contin the motion to reconsid er and the w hen (l owers were in bl oom and ued to ignore hi s requests. Fi State appealed. a young man's fancy turned to nall y, when Mr. Bridgewater re In analyzing Bridgewater's th oughts o f w hether a person fused to ta ke his hands out of his cbim, the Third Distri ct consid stopped for a simple traffi c of p"nts pockets .1:-- th e offi cer W Cl S ered the applicability of Atwn l<'r iensc could be subjl'cted to a cus t'l lk ing with him, cl nd \vas o th e r I'. Cit y of Lngo Vistn,' w hich held todi al iHres t and sea rch incident wise gent· rall y impo li te, the offi that i1 defendant may be arrested thereto. As we discus,ed in the Cl' r reinforced hi s req uest by pin for " traffi c viol i1 tion punishable July 20()7 issue of Th .. Dockc/, Illi ning 1\ 1r. I1ridgl'w.ltl'r agCl inst i\ onl y by fine. Defendant argued n o is courts h <1vC held th tH i1 pp !1C';,rb\' :-. Illre w ind()\\' .1nd ilrres t th at At,ont .. r was inappl icable be li ce offi cer must hitvl' probable' ing him fn r ub...;tructi ng i\ PCflCC cause no Illinois court had ex plic C,)Ll se to bel ieve tha t ., person h(1s "fficer. While Me. Bridgewater itl y foll owed its ruling (see the cnn'll11itted "something mort' seri \\',b thll:-' i n di s p o~cd, office rs discussion in the prio r Docket arti o us" th an a simple tr" Hi c of"'nse ~t.'c lr c h cd his car cl nd (you knc\·" cle). In handily dismi ssing this before th at person can be Mfl'stl'd thi, \\"," coming) iound a hand contention, the Il ridgcwntcr Court il nd hil ve th eir person il nd v('hide gun il nd i1 mmunition clip, lead held that Illinois Courts "are se",ched. The question of what ing to cha rge, of Aggrava ted bound to foll ow th e United States th at "more seri ous" thin g might Unlawful Use "f a Weapon. Supreme Court's holdings in be, however, fcnlcuns unan Mr. Bri dgewater sought to lockstep w ith regard to search s\vered . s uppr es~ the evidence against and seizure cases, including th e In August 2007, the n,ird Dis him, arguing th at the search of holding of Atwiltcr." This ruling tri ct Appellate Court addressed hi s "ehi cle lVas unjustifiable as was based on an i1pplication of this question in the case of P""I,/r ei th er a spa rch incident to arrest the Illinois Supreme Court's hold 1'. Lnvn,. /3,.idgewn tcr.1 Mr. Bridge or an il1l"entory prior to towing. ing in People v. Cnbnlles,' which water was observed by Boling The trial court granted the motion spec ifi ci1 l1 y held that Illinois brook Poli ce Officer Morrow to suppress. On a moti on to re courts arc to be in lockstep w ith speeding and driving with tinted consider the suppression of evi fed eral search and seizure deci w indows, both violations of the dence, the State argued (a mong sions. Illinois Vehicle Cod e. When the other interesting issues not rele Here is where the problem offi cer stopped the car, Mr. vant here) that the search was lies: although Cnbnlles has held Bridgewa ter got out and w alked valid as a search incident to arrest that Illinois Courts are bound to away, heedless of the officer's because the d efendant could have follow federal search and seizure requests to stop. When Officer been arrested fo r the traffic viola- d ecisions In lockste p, the Moonll nl1 case (369 III . App. 3d 1. 2007 III. App. LEXIS HR(). 1'173 N.E.2d 45 (3d Oi~t. Allg. 9, 20(7). 187 (2d Dist. 2006), see prior arti 2. 532 u.s. 31H (2IXlJ ). 3. 221 Ill. 2d 2S2 H51 N.E.2d 2" (2(Mlh). cle) held that: Page 10 The Docket November 2007
in most situations the lock s tep rule controls, (but) where, as here, the supreme CALMECSM Global Law Group court has apparently consid Represelftilfg tire World ered a federal rule and re IMMIGRATION jected it, we do not believe it Permanent Residency ("Green Cards") proper to apply that general Employment and Family Visas principle to contradict an ex Defense from Deportation/Removal press holding of our supreme Consequences of Arrests/Crimes court. If we were writing on a blank slate, we would un 847-996-0888 Andrew Sagartz, MBA, JD Atlll'I"lCtlll Illlllligralillll I.ilW}·l'r!' A:.:>
ment grew out of the feeling that of the search and seizure pro tional convention, something some offenses are so de mill ill/is visions of the Illinois Consti which will indicate that the that they could not possibly jus tution for so many years, we provisions of our constitution tify a search incident to arrest, or, should not suddenly change are intended to be construed in other words, the search is un course and go our separate differently than are similar reasonable under the circum way simply to accommodate provisions in the Federal Con stances. But the rea,onableness of the desire of the defendant to stitution, after which they are such seilrches Wil S thoroughly circumvent w hat he perceives patterned. 11 considered in Atwater, delving as a narrowing of his fourth The Caballes Court then went into historical and societal con amendment rights under the on, despite arguments from case siderations in considering when Supreme Court's decision in law and treMises, to reaffirm it s an arrest and search are proper. Illillois v. Ca tes. Any variance commitment to the limited lock The Supreme Court's well between th e Supreme Court's step analysis, because it reflected reasoned decision gr"nts the wish constructi on of the pr 12. I'l'opff I'. Cli/mlll's. 221 Ill. 2d 2H2 (200n). 1:1. 221 III. 2d ~ t 2lJ7. Page 12 The Docket November 2007 FULFILL YOUR 4 REQUIRED PROFESSIONALISM AND ETHICS CREDITS IN ONE AFTERNOON! - 4 Credih; Pending Approval- The A.fi!wciatioll of Women Attorneys of I..Llke Coullly Present: PROFESSIONALISM AND ETHICS SEMINAR Date: Janu ary 11.2008 Time: 12:00 p.m.-5:00 p.m. (Noon- I 2:.10 p.m. IUllch and r~gi s lra\ion) Location: College of Lake County- Grayslake Campus. Ruilding C <":051: Free to A WALe mcmhcn,: $50.00 for non-memhers IIIXOMI:' AN A WALe MEMIIER ANO ATTEND THf: SEMIN.4R FOR FRI:'I:' ! (Chl'd ""1') SEM INAR REGISTRATlllN__ AWALC MEMIlERSHIP_ _ NAME :~------AIJIJI{ ESS: ______TEL. NO. ______FAX NO. ______E·MAIL: ARJ)C NO. ______AREA S OF PRACTICE: == ______OUT OF COUNTY PRACTICE : ______YES. I am jnl crc~h.: d in ~cr\iing olllhl' Hoard . YE~ , J alll ordl'rin!! lunch __ X j, In CIRCLE ONE SANDWICH ANI) DRINK OPTION: Roa :-' I Ikd' TlIrw Tur~e y Ilam Salami Vq!l'lari;Hl Wat er ('o~t: l>il'l Ctl~t: SprildSit:rra Mi:-.I AWALC Nkrnhn:-. hip Co :-. l· More Ih;lIl:'i YC:lrs in pral'lil.:c __ $40 TOTAl. M H !l IN r LNCI.llSEIl: , ______ SClld reg isl I"(II ;ollll/l('lIIllI'/".\iJi" /111"111 10. A' ('1";11 "':lIW-l,"" 1.1 \\ '. \\'0 ,llIlIgllIlI/\V(//lJ.t'g( /II. II. ()(XJ85IX4 7-(,62 -02 8W{(I.\ XoJ7 -()(,2 -371 () frOln unrcilsonilble intrusion actment of statutes by the District) majority's holding that by the state and providing the General Assembly. Such ex there must be "something more" people with effective law en pansion of rights, however, is than a routine traffic violation to forcement. We will not depart not the function of this justify a custodial arrest and from the intent of the framers court.l~ search incident thereto. So which of th e lIIinois Constitution of Pretty clear stuff, isn't it? rule should lIIinois Courts apply: 1970 or the understanding of Based on this, Bridg~water ap the Atwater/Bridgewater arrest voters who adopted it-to the pears to accurately apply the lim and-search-for-any-violation rule, extent we are able to discern ited lockstep doctrine, and the or the MoomlOi/ "something more it from the language used, the Atwater decision, in holding that serious" rule? committee comments, and the the defendant could have been I don't know. Continue to debate- to tip the balance in arrested and had his car searched stay tuned ... favor of expanding the scope based on the speeding and tinted of the right to be free from windows violations alone. Judge Jollll son was appointed as an Associate Judge of the 19th Judicial unreasonable searches and MaOri/in II rejects the doctrine CirCliit in 2005. Before that, he was a seizures that is already guar based upon that Court's under partner with the Law Offices of Ma!?na anteed by the fourth amend standing of Cox and Jones , which & Johll son in Gurnee, ",here he con- ment. The expansion of the contain no discussion of Atwater centrated ill Municipal Law and loenl protections guaranteed by the (except in dissent). The Bridge proSCClItion . He CIlrrelltly sits ill the state constitution can be water (Third District) decision, traffic division , where he hears OUI, brought about by amending therefore, seems to be squarely at misdemeanor and traffic cases. the constitution or by the en- odds with the Moorlllall (Second 14 . 221 III. 2d at 317. November 2007 The Docket Page 13 Checking in on an Application of the Continuing Violation Rule In cases involving stolen checks, the appellate districts split on the application of the "continuing violation rule" by Mark Van Donselaar eware, plaintiffs' attor to cases where multiple negotia version of negotiable instruments neys: the statute of limita ble instruments have been con is three years, as set out by 810 Btions for filing an action verted in what a plaintiii alleges ILCS 5/3-118(g).h for the conversion of several ne to be a common plan or scheme Usually, the statute of limita gotiable instruments may, in ef by a single defendant. TI1is article tions begins to run when facts fect, be shortening. The reduction will review Illinois and Seventh exist that would authorize one will not be the result of an Circuit cases pertaining to the party to maintClin (In action amendment to the actual statute continuing violtltion full', ,lnd against another.7 But, under the of limitations itself. Rather, the discuss wlwthl'r the rule ,1pplil's "continuing viol<1tion" or "contin source stems fronl court rulings to situCitinns where a series of I1C uing tort" rule, the statute of limi on the applicability of the con gotiilblc in~trllml'nts have bccn tations is put on hold, so to speak, tinuing violation rule to Cilses in con\'crted. until the last injury has been suf volving the conversion of multi eener.llly, (1 Ctll1Sl' of iletion fered and the tortious acts have ple negotiable instruments OV{.'f (l for con\'l'rsioll of pl'rSOflll l prop cl'ilsed .x protracted period of time. erty rnust be brought \·" ithin five Field 1'. First Nllt'! HOlik of Hnr Since 1993, people who have Vl'Zlrs of thl.' ((lUSt' of ,lCtion i1ccru ri5/Jllrg" was the first Illinois case had a series of negoti(lbJc instru in);. ' HO Wl"·l'r, section 3- 11 R(g) nf to face the issue of whether the ments stolen from them hil VC' the Uniform Com mercia l Code continuing violation rule appli es been permitted to rely on th e ap Negotiable- Instruments' provides to the conversion of a series of plication of the continuing viola that (lctions for (on\'L'rsion of CI checks. III In Fir/d, the administra tion rule to, in effect, extend th e ncgotic1ble instrument must be tor of the estate of Raymond statute of limitations for filing an commenced within three yea rs of Ewell Field brought suit against action based on the com·erted th e action accruing' When faced Field's sister and the bank where checks. However, the First Appel with two statutes of limitation she deposited checks into her late District's recent decision in th il t argu,1bly both apply to the own account that were payable to Kidlley Ctlllecr Ass'll 1'. Nortll 51101"<' same ca use of action, the statute their father and restrictively en COlll lllllllity Bnllk & Tmst Co. I has of limitation thilt more specifi dorsed, "for deposit only." Th e created a split between the appel cally relates to the action must be' plaintiff alleged that over the late districts as to whether the applied.' 1l1ereforc, the limita course of four ycar~, numerous continuing violation rule applies tions period for actions for con- checks payable to Raymond and 1. In 111 . App. 3d J%, I'W) N.E.2d lHh (1st Di ... t. 2(07). 2. 735 ILC55/13·20S; Hllddl1 d '~ 11fl/l. :'. (1'1'lIil Ullion I Cl'cdJl (/IJIOtl, 2H(11l1. App. 1069, t072, (17H N.E.2d J22, J24 ( ~th Dbt. I'J·J7). J. "10 ILCS50·IIH(g). 4. Hlldiflld '~ , 2X611l . App. 3d rll 1tl72, fl7H N.E.2d ,It J2 ~ . 5. Id. fl. Id. 7. Fr/tm";.., II. Fd/llll'II", 207111. 2d 263, 27H, 79!{ N.E.2ti 75. H5 (21)(0). 1'1 . /d. 9. 24Y II I. Apr. Jd H22, (Ill) N.E.2d 121)6 (sth f)i",t. 1'.NJ). 10. Fidd ;'. Fir:,1 MII'/ Dllllkilt Hnrri:,illlrg, 2~911J. App. :'\d H22,H2:;, (Ill) N. F.2d 1"2% (~Ih Di ... t. I'Jln). Page 14 The Docket November 2007 restrictively endorsed were de "For Deposit Only."I' Thus, Field her ex-husband. posited into his daughter's ac established the precedent that The Supreme Court began by counts and then put to her own when several checks are stolen as explaining that under the con use. part of a single plan or scheme, tinuing violation or continuing The primary issue in Field was the continuous tort rule applies tort rule, the limitations period whether the alleged course of and the statute of limitations for does not begin to run until the cond uct was one transaction or actions based on the checks does date of the last injury or the date numerous separate transactions not run until the last check has that the tortious acts cease. lo The for the purpose of calculating been stolen. Court clarified that a continuing when the statute of limitations Subsequent to Fic/d, the Illi violation or tort is found when began." The trial court granted nois Supreme Court analyzed the there are continuing unlawful partial summary judgment, find continuing tort rule in Feltlllcicr v. acts or conduct, not simply con ing that the statute of limitations Feltmeier, ls in which the Court tinued ill effects from a single barred any action based on con ruled on the applicability of the unlawful actY Therefore, the duct that occurred more than five continuing violation rule with Court found that if the alleged yeMs prior to the lawsuit being respect to the tort of intentional actions of a defendant are each a filed. " (Why the trial court used infliction of emotional distress separate violation rather than one the more general five-year statute (lIED). In FcltJl1<'i('r, a woman continuous, unbroken violation, of limitations, which applies to sued her ex-husband for liED. then the continuing violation rule most actions for conversion of The complaint illlcged that from is not applicable. IX Furthermore, personal property, rather than the October 19H6 until after Decem the Court explained that the con three-year statute of limitations ber 199H, the ex-husband had in tinuing tort rule does not involve set out in the provisions of the tentionally c,lused emotional dis tolling the statute of limitations Uniform Commercial Code tress to thL' \VOmdJl or acted with as il result of delayed or continu Negotiable Instruments is not ex reckless disreg !1. M.iltI'l2 .}-2~ ,!1 19N . E.2dilt 1297. Real-Time Videographer ASCII Disk 12. Id.ilt H2 ..L619 N.E.2d <\1 129H. 13. Itl. il l 1"\25, 619 N.E.2d ill 12lJY. 415 Washington Street 14 . Id. ill H26, 619 N.E.2cl <\t 1299: Kidlh'Y Ci/II!W As~(/cilliioll " . l\'m·tll SII,ll"!' Comllllll/lily Balik {"1 Trll:'-I Co., 373 Ill. App. 3d 396, .}oo, ~W;} N.E.2d Suite 216 IH(l,l')(J (h;t Di~t. 2lX17). Waukegan, IL 600SS 1:;. 207111. 2e1 2(l3, 79H N.F:.2d 75 (2003). (847) 244-4117 1(,. FI'1/III4"la, 207 III. 2et ,1\ 27H, 7YH N.E.2d fit 1"\5. 17. /if. <\t 279, 7YH N.E.2d <\1 H5 . I E. \Vacker Drive IS. III, aI2HO, 79H N.E.2tl 2 \. Ii1. 22. Id . effect of several acts gives rise to checks were stolen over the The key factor in the court's de a claim for lIED, but that the stat course of more than seven years. termination was that the plain ute of limitations for lIED runs Though Rodrig ue is not binding tiff's claim did not depend upon from the date of each separate authority in Illinois state courts," the cumulative nature of the de acPI the Seventh Circuit stated that it fendant's actions."') Rather, the The same rationale would not was required to apply the law as conversion of each check was an seem to apply to a situation in it believed the Illinois Supreme independent, actionable wrong.» volving the conversion of several Court would if it were deciding In fact, the court went so far as to negotiable instruments. Argua the same case.2S The district court say that the fact that over 200 bly, the disparity between the judge had followed Field and ap checks were converted during an facts in Feltmeier and those in plied the continuing tort rule, 85-month period was irrelevant most cases involving converted awarding damages based on all as far as the plaintiff's right to sue negotiable instruments makes 269 checks even though more for conversion.» In the court's Fellmeiel' distinguishable. How than three years had passed be opinion, whether one check or ever, Feltmeier is still relevant to a tween the time that many of the 100 had been converted, nothing case brought for conversion of checks were converted and the about the repea ted, ongoing con negotiable instruments because la wsuit was fil ed . TI,e Seventh v('rsions changed the plaintiff's the Court in Feltl1leier cited Field Ci rcuit bega n by exa mining Field cJainl for conversion apart from and noted its holding." It seems and found th at the case clearly increCls ing her danlages.·11 highly unlikely that the Illinois supported the district court's rul The Seventh Circuit noted Supreme Court would cite to an ing. ::!(' However, the court "'"rtS not th at th e Illinois Supreme Court appellate court case as authority convinced th at the Illinois Su cited Fi,'ld in its FI'II I/l" irr opinion, for a particular proposition and prenlc Court \·vo uld il lso agree but found the citation to be for make note of the lower court',; with Field." "illustrative purposes only."·" opinion if it did not agree wi th In stead, th e Seventh Ci rcuit Therefore, the court did not find the opinion rendered by the "p compared Fcltl1lf;('r, w here the FI'III/ll'icr to be an endorsement of pellate court. Therefore, Felillwi,'r continuing tori rule was applied , the holding reached in Fir/d, or an is relevant to the situation whert' with till' Illinois Supreme Court indica tion of how the Illinois Su severfll negotiC1blc instruments C,lse H"I/,'" il/e T".'!"III, Ille. ". -'-0.'10111 preme Court would decide the have been conve rt ed ('IS part of ,1 Molor SII/"s, U.S.Ii., 11I e.," where question llf whether to apply th e common plan or ,;che rn e. th e con tinuing tor t full' WCl~ not continuing tort rule to the conver In I~"driglle 1'. Olill EIIII"o.'!",,; applied, and reasoned that the sion of several negotiable instru Credil UlliollY the Seventh Circuit Illinois Supreme Court would not m ents. 1'l addressed the issue of whether apply the continuing tort rule to a Finally, the appell ate court the continuing tort rule should ca use of action for conversion of noted that the pl aintiff did not apply to a case in which 269 several negotiable instruments2 " argue that her claim was timely 21 Id. 22. III. a t 279-HO, 79M N.t.:.2d III Sh (~lLnunMiz ill !; Fh'ld by writill).:,: "conlillulIlg Inri {(lund where nUIllL'rlIlI ... "ciS of impropl'rI)' clI"hlllg cllt'c\.. ... \l\'('r fllm yeM pi-'rind ('"nll~till1h·d ,m ongoing "ChCIllL' iHmHlIltill~ I() on(' tri'lIl"'iKlion, ",I tllitl !'tiltull' of limitcllillll" did n\11 hq.;111 'n rim unlll dale t>1l \Vhich lil'.' I' chl'..: k W,\:- c;lshl'd ."), 2J. 406 f.3d 434 (7th eiL 2IM)5). 24. S('I' Prior l'IIIII1/JiI18 {.,- l-I!'rlfmS Ct), ". HlglII~ , 251i Ill. App_ 3d 6R3, 6S~ , 630 N.E.2d i20H, 1212 (hi ObI. 11.)94) . ,- i', -~. I Lake County's Top Lawyers Depend on Nina Dudziak Court Reporters, Ltd. · General court reporting · Medical and technical reporting · Meetings · Real-time and closed captioning · Same-day rough ASCII disks · Daily and expedited delivery · E-transcripts · Condensed transcripts · Keyword indexing · Conference room in Waukegan Chicago Office Lake County Office 120 West Madison Street 33 North County Street Suite 616 Suite 400 Chicago, IL 60602 Waukegan, IL 60085 Phone: (312) 701-1707 Phone: (847)406-3200 Fax: (312) 701 -1708 Fax: (847) 406-3210 hc1sed on the discovery rllll' . ~h ThL' jllrity u f other jllr i~ di c ti o n s havl' the rapid flow of commerce and court fOllnd tha t, simila r to the nnt app lied the disco"ery rule in foster effi cie ncy'" The court 1 discovery rule, the continuinb tha t cllntext. :- found that application of the con tort rule is based at least pMtiall y Fin a ll y, th e Sen'nth Circuit tinuing tort rule to the conversion on the idea that where Cl «l llSt! o f thoroug hly exa mi ned whether of negotiabl e ins truments would ilC hon il rises fronl the clinluia ti vL' th e appli ca tion of either the d is not further the goals o f the U.CC nature or impact of a series of co\'cry rule or the continuing tort because the result wo uld be tha t acts over time, it ca n be difficult rule would be contrMY to the un plaintiffs would have a longer to discern the w rongfulness of the derl yin g purposes il nd goals of period to sue on a c1 " im, thereby defendil nt's acts while they a re the Uniform Commercial Cod e undermining the finalit y of trans still occurring." Because of simi (U.CC). The court stated that 1110 acti ons involving s uch instru larities between the continuous goals of the U.C C were to crea te m cnts:H tort rllie and the discovery rule, a system of certainty of li ability, Even though th e court in Rod the court examined whether the finality, predictil bility, uniform riglle' postulated th at the Illinois discovery rule had been applied ity, and effi ciency in commercial Supreme Court would not apply to a situa ti on involving the con transacti ons.·") In keeping w ith the continui ng tort rule to the version of negotiable instruments those gOil ls, negoti able instru conversion of sever,, 1 negoti"bl e and found that Illinois and a ma- ments are intended to fa cilita te instruments, its ruling did not 31>. /if. ill ·U~ :l7. 1.1 . :ltt I.f. ill -145. J'J. Id. <'11-14(" ..m Id. -11. Id. November 2007 The Docket Page 17 create a split of authority for Illi The appellate court began its ners are now left with a split of nois courts, because state courts examination of the continuing authority in the appellate dis are not bound by federal court violation issue by reviewing the tricts. Those in the first and fifth decisions." Therefore, it was not relevant case law, including the district are bound to follow the until the First District Appellate cases discussed above. The court ruling of their respective appel Court's decision in Kidney Ctmccr stated that while the complaint late districts. However, those Associolioll that there was a split alleged several conversions of from each of the other districts in of authority for Illinois courts negotiable instruments, each un Illinois ilre left with the difficult with respect to the application of authorized deposit by the plain decision of.choosing between two the continuing violation rule to tiff's employee gave the plaintiff equally authoritative precedents. the conversion of several negotia a viable right to file an action for Of course, the entire issue could ble instruments. conversion.+! The court found the be settled by an Illinois Supreme Kidney Cancer Ass'll was an fact that the conversions spanned Court ruling on the issue, but, other case in which an em a five-year timeframe to be irrele until then, or until more districts ployee- in this case, the execu va nt because the repetitious na rule in favor of one side or the tive director of Kidney Cancer ture of the violations did not af other, prilcti tioners will argue Association-stole funds belong fect the nature or I'alidity of thl' ilnd judges will struggle with ing to his employer. Counts for plaintiff's action.'; Moreover, the which rule to apply. negligence and conversion were court stated that, at least in its filed against the bank involved in view, the Illinois Supreme Court Mnrk Vnll DOllsC'ionr is nil the transactions. The bank hilS milde c1cilr thn!' the continu associate I1llorlu'y al "lCfirl11 of brought il motion to dismiss pur ing violation rule only ilpplies Cllllrcilill. Qllillll. l -'2. Priol' /'/,IIII/J;II,'\":" H 'II/IIIS C~) ., 25~ II] App . :ld Publish your Public (legal) Notices with PIONEER PREss YOUR LOCAL SOURCE cQI/John Bieschke, ugQIAdvm;s;ngMQnQger (847) 486-7233 [email protected] 3701 W. Lake Ave. Glenview,IL60026 Fax (847)486-7417 (847) 486-9200 Isn't it time you learned more about the Aon Attorneys' Advantage program? Affinity Insurance Services, Inc. is the Program Administrator for the Liberty Insurance Underwriters Inc. lawyers professional liability program in Illinois. We Offer • An A. M. 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A Recent Illinois Supreme Opinion Addresses the "Good Cause" Standard Under Supreme COllrt Rille 183 and Clarifies How to Properly "Swear To" Responses to Supreme Court Rule 216 Requests to Admit by Daniel II/sica I. Introduction Court recently brought some clar serves upon the party re ity to this topic in its Visioll Poilll questing the adnlission either Responding to Illinois Su Snle, 1/1(. i'. Hnl1~1 opinion. The (1) a sworn stateme nt d eny preme Court Rule 21 h request, new opmwn pr\)\'ides ll1uch ing specifically the miltte rs of for ~dmission of f~ct h~s always n ~l'dl'd guidancl' to ( I\'il prelcti \vhich admission is requested been a tricky business, Miss an tionl'r~ lHl thl' i ~sul' of \\'h.ll (on or setting forth in detail the initial response date (not that '1111' s titllt l'~ "gntld C,lll~l''' III ~e ' '\'l' rl',lS01lS v"hy he cannot truth member of the LC BA has l'ver out-nf-tlml' rl'~plll1~l'~ tu rl'qlll' st~ fully ,Himit m deny those allowed tha t to happen) o r h~"l' to ,ldrn it or othl'r \,'rittl'n dis(p\' miltters m (2) written objec an initio) response found defi cry', llll' Court':-. .In.lly!'> i ~ .)nd tion~ on thL' ground th(lt SO llle cient Clnd you fClCl' thl' imm,_'diCltL' hpldit1 g~ ,Hl' di:-.(u .... ~l'd in thi ~ ,11' of " II oj the requested admis prospect of h~ v ing key disputed tick, sions .He privileged or irrcle f~cts being decmed ati mittl'd l,,' Vel nt or thi'll thl' [(_'quest is olh the court. The most "ppropri.,t" II. Illinois Supreme Cnurt Rules L' r WI~l' improper in wholc or first reaction to stich ,111 ()\'L'r ~ig ht Involved in pMt. is probably to excl.1 im something along the lines of: "Oh @#$' ~ ,, ', " IIlinni, Supreml' Court Rule IIlinoi, Supreme Cou rt Rule The next impulse should be to 21 b prm'ide" in pertinent part: 183 provide, thilt: run (not walk) to your wpy oi the Illinois Rules and Procedure, rL' (a) Request im Admission of The e(lure for good C(lUSC re~d Supreme Court Ruk 183, Fact, A party' fll(lY scn'(' on ~h()wn on a ny motion after ond set to work on on a ppropri (lny o ther party il vaittcn r~ noticl' to the opposite p"rty, ate motion to establish that "good quest for the admission bv the ma,' extend the time for filmg cilu~e" exists to justify an clfter lattcc oi the truth o f any 'p,'ci ilnv plvading or tilL' doing of the- fC'l ct extension nf time to serve fied rele,'ant iac! ,ct fnrth in any ,lct which i, rt'ljuired bv your responses to the rcquc~ts tn the rC'que~t. thl' rul l'~ to be donL' w ithin n Haas, and Haas's new employer and Vision's competitor, Legacy REAL ESTATE APPRAISALS Incorpomted, seeking prclimi n(lfY and pcrmClnent injunctive • Eminent Domain relief and damages relating to the • Eslate Plctnning, Settlements alleged misappropriation and • Qualified as Expert Witness in Lake County • Specializing in Inco me Property, P2IrtiClI Interests misuse of Vision Point's confi ane{ Municipid Consulting dential and proprietary customer • Certified General Apprniser infonnMion, The trial court en tered 0 preliminilry injunction John T. Whitney, MAl agoinst the defendants and sev 35 YCllr." [.'"/lJ'ril'lIcl' e ral subsequent orders directing 815-675-9855 Spring Grove, IL defendants to protect the confi dential informCltion. During the course of the liti Rule 183 "good ceuse" cxisted tion, 'nw trial court certified the gation, defendants served Vision based on ~ good faith belief thilt" following question for appeal un Point with 65 requests to admit, Secti nn 1-109 ,'crificiltinn' sa ti s der Rule 30S(a), Vision !'oint served, but contrary fied the i{ul e 216 "sv;nrn stelte to Cook County locdl rules did ment" fcquirL' tl1 Cnl. Tht.' trilll In determining whether not file, its responses to thL' re court denied the motillll. "good ((lUSe" exists under quests to admit. Moreover, (11- Sllb~cqllL'n tl~ ', h~l\ \'l' \ ' l'r , the Supreme Court Rule 1R3 for though thl' responses tn the r(' Iri,-I! (Ollrt grl'w incJ"(·,l:-.ingly ,lg the t~;r(lnt of ("In extension of quests to ildmil conLlincd the gr.l\'.,fl>d by the dl"fcnd.mts limL' to remedy an uninten standClrd Code of Civil I'rUCl'dUfL' ":-.d tlcd policy llf fl'c.lkitr,1I1Ct.''' in tion,l l noncompli ance w ith a Sect ion 1-109 verification b v Vi compl:'ing with the prclimin 2. J-ll III . ApI'" 3d 9X4 , 79:l N.E.2d 'J1\) (hi Di~t. 200J). 3. 7:'5 1I.CS5/ 1· J[l'J. -\ . V;:;;OIl /'o;II/ , .it OX · ,), ~. hi, (It '!. (1. Id., ill 0"J . November 2007 The Docket Page 21 .I Walter· Ellis WE lvlEDIATE & ARBITRATE We offer more than 60 years of experience resolving cases in and out of the courtroom Next time you think your client may benefit from a break in the cost, stress and time burdens of litigation, call us about mediation or arbitration. To schedule a mediation or arbitration, or to obtain information about us and the process, call Jeannie or Carolyn at 8151459- 1001 or 8471508-5268 or visit OUI' website at www.wernediate.info. WE Mediate is • collaboration between the law Office of Stephen E. Walter and the law Office of H. Case Ellis lower courts. intended In un(lI\'Cf rell'vclnt SUprelll(! Court characterized ClS a f,lCts ill1d n.nf()W Ihl' contested "tota lit y of the circumstances" IV. The Illinois Supreme Court's issues belnre tricll. The Court con analysis. Specifi call y, the lower Holdings cluded that: "Wl' tlll'rdme dis courts did not limit the "good ilgrL'C \,'jlh defendants' assertion ca use" antllysis to em examination A. Rule 216 Requests tt' /\d that Rule 21h requests to "dmit of the reasons why Vision Point mit Are a Discovery Tool C'lfe not ' di sco \"l~ r y.""'" In .... um, failed to comply with Rule 216 Subject to Rul e 183 Rule 1 R3 applies w ith equill force and the loca l rule. In , tead, the to Rule 216 requests to admit. lower courts focused on the con The Court first considered duct of the defelldallt s during the whether Rule 183 even applies to 13 . Yo ur Opponent's Outra litigation-conduct unrelated to Rule 216 requests to ad mi t. De geous Conduct on Unn:' the requests to admit or to dis fendants contended that requests lated Matters Is Not covery generally. The Court re to admit are not a true "discovery "Good Cause" versed the lower courts, conclud tool " and that trial courts have ing that a "totality of the circum I more limited discre tion to grant The Court then turned to the stances" inquiry that in cluded the extensions of time with respect to central issue, the appropriate unrelated cond uct of the parties J requests to admit as compared to scope of the trial court's inquiry "would transform the Rule 183 other types of discovery.' The in determining whether "good good-cause determination into an Court disagreed and worked cause" exists so as to justify an open-ended inquiry allowing through a lengthy discussion of extension of time under Rule 183. matters irrelevant to the discov how a request to admit, like any The trial court and appellate ery process to improperly perme other form of discovery, is a tool court had conducted what the ate the analysis."· The Court con- 7. Iii. at *12 . H. Id. at ·1 9 . 9, Id. I ll. Id ,11 '22. II. :\(1501. App. Jd H7'J,H'(l, H511 N.E.2d 2(.:; (1:-.1 D •.,I. 21l0(l). I:!. V /:-I(ll/ /'0/111, til '2H. 1:1 , Ir!. ,I[ '21·2-1 . J·t Ihf! HI. 2d 20~. h52 N.E.2d 275 (I'N5). I; VI'-IOII /'0;111,11 ·2". November 2007 The Docket Page 23 that the burden o f establish Rule 21 6 request must sign 1IIC111" Ihnt Rille 216 req llires.J7 ing good cause rests on the the answer and p rovide the (emphasis added). party seeking re li ef unde r sw o rn-to , ta tcment" Icite Rule 183 .. .. n1e circuit court omitted] has no support in The Court laid to rest the m ay receive evidence with the language o f Rule 216. somewhat biza rre interpreta ti on respect to w he ther the party's The re is nothing in Rule 21 6 of Rule 216 made by the Moy o ri g inal d elinquency was (c) which requires a party to court. An a tto rney can "sign" the caused by mistake, inad ver both verify and "sign" the responses to requests to admit so tence, o r attorney neglect, but final page of its d enials to the long as those responses are also m ay not engage in an o pe n requests to admi t o f the op verified b y a p a rty re presentative e nded inquiry w hich consid posing party. Ra ther, the in accordilncc w ith Secti on J -109 e rs conduct tha t is unrela ted p lili n language of the rule of the Code of C ivil Procedure. to the causes of the party's s t ~ t es th ~ t the party to w ho m o ri g inal noncom p li a nce. We the requests to ild mit a re di C. T he Illinois S uprem e decline, howe\'er, to specifi rected 111 11 ~ t :'l'f\'C upon the Court Discovery Rules call y d efine w hat cons ti tutes rL'q uesting peHty eithe r " .1 Tru l11p Confl icting Local good CCl U SC \v ithin this con s\\'urn ~tdtt.:'ml'nl" denying the I{ ti les text, as that d etcrmin i-l tiol1 is i11(1 iter:-. 1) ( w hich c1d missio n is fact-dependent a nd resh wi th rl'qlll'~tl'd Of written objec ti o n L,,,tly, the Court held that the the sound d iscretio n ot the which nt'cd :lPi be sworn . C"o k Cou n ty locil i rule thil t re circuit court. Absent em .lbll~l' \ VI' fhcn'/ilfj' I/old tlillf 1/11' _,,'(- quired V ision Point to file' its rt? of discre tion, the dl'c i ~iun u l li/)II / - liN ,'l'I'itlulfi(J/I (jll/~!; - ~ p()n s l' tu the requl'sts to admit the ci rcuit court on th is L"'~lIl' tll/I'ti tilt' '(7/'I".!/ ...... iI'O/"1I ~/{1I1' - " impe rmissibly imposes., g rea ter w ill not be d istu rbed . I!, F. A Secti,'n I- I Ill) Verific.l tilH1 Is Sufficient tn S.l ti," SYLVESTER Ru lc216 LAW FIRM, PC H ilvin g Cl ll swl'rl'd thl' ccrlilil'd "7/1f' \A/ill" Trll:,b L;- I::,fflli'~ lirll/ " ques tion, th e COllrt rt.? \ ' ic\\'t.. d thL' \ \ ' \\' \V. ~ V I \'l'S tl'r Iil w fi r m .(1 )(11 trial court's dec isinl1 tn :-; trikl' Vi sion Point's initi ill fCSP(Hbl'S t() the requests to "tim it. First. tlw TOLL FREE (866) 369-1200 Court considered tlw tri.11 Cllurt', reliance upo n M".'I' In M".'I, the Trust Litigatioll il ppe ll il te court fo und il 51'ctinn 1- 109 vcrifi cCit iol1 to be in,ldL'quclte Estate Litigatioll il nd held thi1 t ,1 penty rl'prl'Sent() lVill Contests ti\'e hild to not llnly "l'rify the fl' Estate Plal11lillg s p o n sL'~ tn the rL'quc:-.ts to ildmiL b u t illso sign the I,,,t pilge o f the responses. The Court m.,de short \I\'o r k of reversing !'v10,!f. Patrick S, Sylvester We fi nd thilt the requirement Atto rll CY {'f C ()lfll S{'/O l' at Law ,tated by the Moy court th" t ,. the party respond ing to the Lice nsed in IL, WI & FL II" It! . ,1\ ·:t~I ! ·)n. 17. It!. ,\1 ·,n-J-l. Page 24 The Docket November 2007 burden on a party responding to V. Conclusion should not expect to receive a fa requests for admission than re vorable ruling on a Rule 183 ex quired by Supreme Court Rule The Illinois Supreme Court tension simply because opposing 216, and the local rules must has overruled some of the more counsel is generally insufferable yield."" The Court concluded troubling appellate court prece or because of th e windfall oppos that a violation of the local rule dents concerning Rule 216 re ing counsel will reap if relevant filing requirement "cannot form quests to admit and Rule 1113 facts are deemed admitted. the basis for striking a party's re good cause extensions. Based on As I tell my five-year-old sons sponse to a Rule 216 request to the latest guidance from the with annoying (to them) regular cH.inlit."19 Court, any Rul e lR3 motion to ity: "Worry about yourself, not Although the Nineteenth Ju extend time must focus on the what the other person is doing." dicial Circuit does not have any reasons for the mO\'ing party's This same pearl of wisdom ap similar local rule, it is noteworthy initial noncompliance with the p lies to anyone crafting a Rule that the Illinois Supreme Court's rules of discoverv. The good lin motion for extension of time. decision would appear to limit news is th I x' Ill. ,II ':\H [)(/II(/~, T/'rtl~ alld ChictlSo. t 'J . /1/ . The Professional Difference Litigation Support Group DAM, SNELL, & TAVEIRNE, LTD Certified Public Accountants Service areas include: Accounting. Tax. Consulting o Business Valuations o Divorce Libertyville & Fox Lake o Forensic Accounting o Business Litigation o Fraud & Embezzlement o Business Interruption Contact: o Economic Damages o Bankruptcy o Estate & Gift Tax o Buy/sell Agreements Skip McCann CPA, CVA o Shareholder Disputes o Employment Litigation Joe Modica CPA, CVA, CMA (847) 3674448 44When we worlc with clients we stn've to be accessible, In complelt' work in Q www.dstcpa.com timely manner, and to pro,ide tile "ry highe.. t /"e/ of quality. This Pro!e::is;OIwl Difference is whal distinguishes our finn. JJ November 2007 The Docket Page 25 Myra Bradwell, First Female Lawyer by Ken Suskin o do well in business, as at that time. but because she was a married well as in life, persistence Her legal training moved for woman. At that time, women Tis a virtue. One who cer ward slowly because, during were required to be available to tainly exhibited that quality was those years, she had four chil their husbands at all times, and Myra Colby Bradwell, who was dren, two of whom died in in the court was concerned that the first female lawyer in Illi fancy. She helped wounded sol since she would be held respon nois, and perhaps in America. diers during the Civil War, and sible for her actions, she could I'm not sure who was the first she founded the Chi cago Legal be a rrested and thus would not male lawyer, but I'm fairly cer News in 18liS, which became the be available to her husband. It tain it wasn't Abraham Lincoln. most widely circulated legal was not recorded whether the As a lawyer myself and a newspaper in the Uni ted States Supreme Court consulted her graduate of the Myra Bradwell for many yeMs. Mrs. Bradwell husband prior to making that School in Chicago (and the Hth published information about determination. grade spelling champ there), I court opinions, l inv~ and ordi Myra Bradwell was a deter developed an interest 111 her nances, and was frequently mined woman, and she ap story. cited in court cases. The news pealed. On appeal, she was de She was born in 1831 in Ver paper also promoted women's nied ad mission to practice law mont and moved with her fam suffrage and employment for because she was a woman, and ily to Schaumburg, Illinois, female lawyers. She supported the court gave four reasons. when she was 12, a long time the 1869 bill that gave married First, the Illinois legislature was before anyone even dreamed of women the right to retain their silent about women entering the Schaumburg'S Woodfield Mall. own wages and protected the legal profession; thus, the court She attended finishing school in rights of widows. concluded that women would Kenosha, Wisconsin, and com In 1869, she took and passed not be all owed to practice law. pleted her formal education at (with honors) the Illinois Bar Second, the state worried about the Elgin (Illinois) Female Semi Exam, and her qualifications 'opening the f1oodgates'-if one nary.ln 1852, she married James were approved by a prominent woman was ailowed to hold a I! Bradwell, who was a law stu judge and a state's attorney, civil office, all civil offices dent and later a successful law both of whom encouraged her would be fill ed with women. yer and state legislator. While to obtain her law license. Third, some of the brutal cases James was a law student, Myra This is where it gets good. would not be appropriate for a began to study his law books, Shortl y thereafter, she applied woman. And finally, the state and after he was admitted to the for admission to the bar to prac was worried about the effect bar, Myra apprenticed as a la w tice law, but she was turned (negative, presumably) women yer in his office. Keep in mind down by the Illinois Supreme would have on the administra that there were no law schools Court, not for being a woman, ti on of justice. Page 26 The Docket November 2007 Mrs. Bradwell did not give laws to allow women to practice up, and she took the case to the law. The first woman admitted U.s. Supreme Court in the infa to the Bar was Mrs. Bradwell's mous case of Bradwell v. Illinois. friend and colleague, Alta Her attorney was the well re Hulett, in 1872. In 1890, Mrs. garded Senator Matthew Car Bradwell, who felt that she had penter of Wisconsin, who ar already prevailed, finally reap gued that women had the right plied and was admitted to the to join the legal profession bu t Illinois Bar, IWI1C pro tUllC to not the right to vote. (Well you 1869, thus making her officially can't have everything!) Justice the first female lawyer in illi Joseph Bradley wrote a concur nois. She was later admitted to ring opinion in the decision de practice before the United States nying Mrs. Bradwell the right to Supreme Court, but unfortu prilctice law in one of the all nately she did not live long time low points in Supreme enough to enjoy the privilege, as Court history. she died in 1894. Her daughter, ... [TJhe civil lilw, as well ilS Bessie Bradwell Helmer became nature itself hils always rec band ... for these reasons, I a lilwyer and continued to pub ognized a wide difference in think the bws of Illinois lish the Chicago Legal News. the respective spheres ilnd now complained of arc not In its 1894 tribute to Mrs. destinies of man ilnd obnoxious to the chilrge of Bradwell, the Chicago Legal woman. Man is, or should any abridging dny of the News stated, "The future histo be, womiln's protector and privileges ilnd immunities of rian will accord her the break defender. The nilturill ilnd cities of the United States.' ing of the chain that bound proper timidity and delicilcy Justice Brildley threw in some women to il life of household which belongs to the femille other zingers, slich as contrilst drudgery. She opened the door sex evidently unfits it for ing "those energies and respon of the professions to her sex and milny of the occupations of sibilities and thilt decision and compelled lawmakers and civil life. The constitution of firmness which Pre Judges as well, to proclaim that the filmily orgilniziltinn, dominate in the sterner sex" it was not a crime to be born a which is founded in the di with "the peculiar characteris woman," vine ordinance, ilS well as in tics, destiny ilnd mission of So ladies and gentlemen, if the nature of things, indi women," which are "to fulfill you think the obstacles are high, cates the domestic sphere as the noble and benign offices of remember Myra Bradwell's to which properly belongs to wife and mother. This is the law story, ilnd keep pushing for the domain and functions of of the Creator."2 ward. womanhood. The harmony, And many people were wor not to say the identity, of ried about Clarence Thomas KC11 Suskin is a lIative Chicagoan. interests and views which when he was appOinted to the Since 1980, he has been ill belong, or should belong, to Supreme Court' private law practice with the family institution is re While some of my fellow Suskin, Menachof & pugnant to the idea for a (male) lilwyers (and non Associates of Libertyville. woman adopting a distinct lawyers) may agree with the In addition, Ken is currently and independent career sentiments of thilt decision, ulti Chairman of the Board for the from tha t of her h us- mately Illinois did chilnge its GLMV Chamber of Commerce, Lake County's largest chamber. 1. Bmd,pd ll'. JII illOis, 1'1 3 U.S. 130, 142 ( 11'172) (Brildley, J.. concurring). 2. /d . ill 14142 (I3rildh.:y. J., conclirring). November 2007 The Docket Page 27 Writer's Workshop ., • I·• • I (] by Schoolmarm 1 II writers get to the discretionary or outright ban companies megabucks.s Poorly point. Often, writers ished. comma'd statutes are also no A fail to get to the point Newswe ek columni s t rarity. quickly enough, but that is not Robert Samuelson recently Despite this long-winded the topic of this column, which wrote a column lamenting the introduction to the comma, this focuses on punctuation and not increasing disappearance of column will eschew detailing organization. By getting to the commas, which he attributes to that mark's various forms of point, I mean getting to the pe both cultural phenomena (" the mischief. For native English ri od (or "full stop," as the Brit frantic, can't-wait-a-minute na speakers, perhaps the best ish call it). ture of modern life and modern comma usage rule is: "r know it While the period is a rather style") as well as to modern when I see it" (or " J know it untroublesome mark, the style ("copy editors have when J hear it"). You see, the comma, the colon, and the stripped thousa nds of defense prosa ic comma is really not semicolon are all far more nig less commas from my sto much different from hard-core gling. The fo llowing guidance ri es").' Another columnist, pornography!6 is taken from Bryan Ga rner's George Will, wrote about the However, there IS one manual on lega l style, The Red importance of some commas: comma rule that is simple and book.2 fo r exa m p le, c omp a r e relevant enough to merit spe "Margaret Anglin says Mrs. cial mention in a bar journal. The Comma Fiske is the best actress in That rule deals with the "serial Ameri ca" w ith "Margaret An comma," which is the comma Commas are perhaps th e glin, says Mrs. Fiske, is the best that is placed before an "and" most vexing punctuation be actress in Ameri ca." More hu or an "or" in a seri es. For ex cause some are required, while morously, Will notes that the ample: others are optional. For exam co mma "can turn a lilting lyric The enrollment fee is $100 ple, did that last sentence trip into a banal inquiry (,What is for each class: domestic vio your inner comma alarm? To this thing ca lled, love?')."4 lence, bankruptcy, personal h eig hten the confusion , While newspaper columnists injury, and damages.7 changes in style have rendered may despair of their editors, With the comma before the some commas, w hi ch would errant commas in the legal "and," damages is cl earl y its have been required years ago, trade have been known to cost own $100 class. Without the 1. Stephen J. Rice. If you would \ike to pen i\ Writer'!, Workshop column for (I. futllTe issue of Tile Docket, pleaSt:! contact Stephen at srice3@iiLedu. 2. Bryi\1l A. Gilmer, TIl(' Redbook. A Mmlllaf 011 V'gal Stylr (2d ed. , Wcst 2006). 3. Robert J. Samuelson, Why 00,,'1 We Usc Commas A "ymorc?, Newsweek (Ju l. 23,2(07). 4. George F. Will, A Dash ofCommn Sellse, Washington Post A25 (Mi\y 21 , 2(04). 5. 1<'111 Austen, Tile Comllla That Cos ts 1 Millioll Dol/ars (COIwdiflll ), New York Times (Oct. 25. 2006). 6. See Inca/Jellis v. Ohio, 378 U.s. 184, 197 (1964 ) (Slew III DAVID L. GATES & ASSOCIATES Conference Room A vai lable INDIVIDUAL. MARITAL AND FAMILY THERAPY Computer-Aided Transcription Minuscripts Dome~lic Violence English & Spanish Anger Management Evening & Saturday Appts. Available AkohoVlDrug Addictionllntervenlioll'l Reasonable Ratts CU~ lody . 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As Garner articulates four gen dumps a host of extraneous Bryan Garner writes, "The se eral rules for using semicolons. facts into the record indicat rial comma is never incorrect, First, "use a semi colon to sepa ing tha t the hotel is, in fact, but omitting it sometimes re rate independent clauses that not hooked up to any of the sults in awkwardness, a mis are not joined by a conjunc Recapture Items and, there cue, or even ambiguity. "H These ti on." In other words, if you fore, not benefited. are, of course, things lawyers ha ve a sentence that could be As this example indicates, the should avoid. So while non two sentences ("sepa rate inde semicolon requires a writer to legal style guides may recom pendent clauses"), but you make a stylistic choice, and one mend omitting the serial want them more intimately that could be reviewed under comma, for attorneys, the serial connected, then use a semico essentially an editorial abuse comma is a safer way to write." lon . Example: of-discretion standard. How Demeanor IS typically a ever, as Garner writes, al The Semicolon sum total of traits and ap though "some writers shun the pearance; change anyone semicolon, it's a versatile de Bryan Garner writes that and you ma y change the vice in the hands of a skillful the semicolon can "be thought witness's credibility.11 writer.If of as a 'king comma: doing the A second rule is to "use a semi Those are two of Garner's work a comma might ordinar colon to separate independent four semicolon rules; however, il y do if it weren't for some clauses if the second clause be to bring this column to the need for a stronger break in the gins with a conjunctive ad point, the other two will be dis sentence." When such a need verb l2 or transitional expres cussed in a future column exists, he continues, "what sion13 rather than a conjunc stay tuned. might have been a lowly tion." For example: 8. Id. 9. Wikipedia has till informiltivt.' entry on the :-.erii"ll comma at http://en.wikiproia.org/ \\'iki/ Scrial_collllTla. 10. Iti . at § 1.14. 11. Id.at§1.15(n). 12. e.g. accordingly, also, besides, consequently, fmtller, hence, however, indeed, instead, Hkewise mmeovcr, nevertheless, now, still, then, therefore, thus, etc. 13. c.g. "on the other hand," "by the same loken," "in gellera !," etc. ISBA MUTUAL INSURANCE COMPANY We have proudly served the Illinois lawyers with an unwavering belief that we will stand behind you committed and determined to protect your practice. • A- (Excellent) AM Best Financial Rating • Risk Pool of Only Illinois Lawyers • $3.5M in Policyholder Dividends since 2000 • Endorsed by Illinois State Bar Association • Access to Free Legal Research with Fastcase! (An [SBA member advantage program co-sponsored by [SBA & [SBA Mutual) l To speak with a representative, Call us at .' (888)473-4722 or visit www.isbamutual.com Page 30 The Docket November 2007 o Captain{s)' My Captain{s)' Our fearfu{ t,ip is aone; '7fie 'RJck Lesser, reaa Captain Ship fuJs weather'a even; racK., the prize we sough t is Won LeBA Monthly Business Meeting: September The first LCBA Business Meeting of the new fiscal year was held on September 25at noon in the Council Room at the Waukegan City Hall. There were two items of business for the day. First, LCBA President Rick Lesser spoke to the members present regarding the need for an in crease in LCBA dues, which had not occurred since 1999. A motion was made and a vote held on the increase, with the mo tion passing. The second item of business was the presenta tion of the Volunteer Law yers Program awards. This year, Ms. Jackie Bange of WGN News spoke and helped present the awards. The VLP award winners were Deanna Bowen for her service to the needy on family law matters, and David Liebowitz for service in the field of bankruptcy. The VLP's Wayne Flanigan Award was given to former LCBA President Deborah Goldberg for her dedica .9! fu{{ house was on ho.,a to pay m'6ute to the outstantiing tion and service to the VLP volunteer efforts of some 0/ our members. for over a decade. November 2007 The Docket Page 31 'De60rah Cjoftf6erg accepts lier awaro. WCj9l('s Jad;je 'Bange presents tlie awartfs, 'Davia Lie60wiu accepts his awar!. Perry Smith infanTIS a60ut tlie state of tfle association, 'DeanlliJ 'Bowen accepts lier awaro. '!lo[unteer CoorailllJtor Susan acf;.nowfetfgeafor lier worf;.at Prain'e State I Ticor Title is committed to providing value-added services and programs for its attorney customers, Now attorneys can team up directly with one of the nation's leading underwriters as a member of the Ticor Title Attorney Agent Program, By joining the Ticor Title Attorney Agent Program, For more information on the Ticor Title Attorney you will enjoy a w ide array of benefits ... 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Ticor. • Avoid long delays, accounting or billing hassles or post-closing issues. Get with the Program_ November 2007 The Docket Page II LfW Executive Board Meeting September 18, 2007, Minutes by Hon. Daniel B. Shanes, Secretary embers Present: Ri ck 5. MCLE Committee: The MCLE will finali ze the date m the Lesser, Perry Smith, aspects of the Criminal Law n eCtf future. M Marjori e Sher, Amy Dar Seminar to be held in October 7. New Members: The Board ling, and Hon. Daniel Shanes. are completed. The Board dis noted that dozens of new 1. Minutes Approved : The Boa rd cussed the impact the MCLE members need to be voted approved the minutes from the fees are having on the overall upon at our upcoming busi August 16, 2007, Board meet LCBA budget. The Supreme ness meeting. The Board mg. Court's MCLE rules reqUI re agreed that a complete list of 2. 82no Airborne Support: Joy the LC BA to pay $1 per semi the new members will be ava il Fitzgerald met with the Board l111r hOllr per person to th e able, but that the Secretary will to disc uss the Bar acti vely sup MCLE Board . Ri ck Lesser will only read the names of those porting Lake County servICe ask the MCLE committee to members present. members in combat units. It ai1c1tyzc how se minar fees hewe 8. Eri c Mann: The Board noted was noted that both of Ju dge been estebli shed in the past that Clark County (Nevada) Fusz's sons arc servlIlg, and Cln d to determine w hether (1 Bar Associa ti on Executive Di one is in Iraq. The proposal is more fo rmali zed ~ t r u c ture is rector, Eri c Mann, ha s agreed to provide indi viduil l support no\\' needed. to come to meet with the to those members by helping The Board also discussed LCBA. Mr. Mann was instru with day-to-day need s. An ad "" hether reg ula r co mmittee mental In transforming the hoc committee was appointed, meeting> coul d qualify for Clark County Bar Associati on led by Joy Fitzgerald, to draft MCLE cred it. Doing so woul d in to a large, profit-generating plans for specific events. require, il l a minim um, coordi orga niza ti on . The Boa rd 3. Treasurer's Report : Most mem nation with our MCLE com planned a va ri ety of meetings bers returned the dues notices mittee to ensure compliance w ith vilrious core constituen 111 a ti mely fashion. Perry with the MCLE rules (and to cies within the bench and ba r. Smith attempted to contact not jeopardize our status as an 9. Friends of the Program: Rick each of the 62 late members approved MCLE provider) and Lesser disc ussed more support personall y before the $10 late payment of the applica ble for ad vancing the Friends of fee was appli ed. Most mem MC LE fees. The Board will the Program, incl uding pro bers appreciated the reminder continue to address this with moting it in Tile Docket. In ad and promptly paid the invoice. the review from the MCLE dition, one of the benefits of 4. Gridiron Committee: The com committee. certain levels of membership in mittee has begun meeting and 6. Corporate Counsel task force: Friends of the Program could working on preparati ons for Ri ck Lesser reported that the include a certain number of the 2008 Gridiron. A ki ck-off committee has met and is plan Docket articles. event is sched ul ed for October ning an open house to include 10. Meeting Adjourned : The meet 18 at Hussey's in Waukegan. I non-members. The committee ing was adjourned . The next Executive Board meeting is 1. The Oc tober 18 kick-off event was ciltlceled but will be reschedu led soon .-cd. scheduled for October 18, 2007. Page 34 The Docket November 2007 Civil Trial and Appeal Committee September 20, 2007, Minutes by Joe Kolar embers Present: Rich analysis of the evidentiary statement" requirement of ard Kessler (Chair), steps to foll ow (often 11 of Rule 21 6. M LCBA President Ri ck them) for admission of va ri 4. Scott Gibson summarized a Lesser, Joe Kolar, Scott Gibson, ous types of electronic re recent Supreme Court case, Ridlard Kopsick, Peter Berk, cords. lseberg v. Gross (Sept. 20, Dave Neumeister, Bob Wilson, 3. Joe Kolar summarized the 2007). In /seberg, the plaintiff Dah Jasica, Ri ck Foss, Gloria Illinois Supreme Court's de· (a n attorney) was shot by a Ka s tope k, Judge Ma rga ret cision in Visioll Poill t v. Haas fo rmer business partner, Mullen, Judge David Hall, Ju dge (Sept. 20, 2007), whi ch ad w hich rendered the plaintiff Thomas Schippers, Mi chael Fur d resscs the standard fo r a a paraplegic. The plaintiff long, Bruce Bernstei n, M ichacl tria l court's consideration of sued two other partners Betar and Dan Sugrue. a Rul e 183 moti on to fil c a whom he alleged knew late response (or amend a about threats against him by Mark !lOllY calelldar: prior defective response) to a the shooter but d id not warn Rule 21 6 request to admit. Of the plaintiff. The Supreme LA WYERIDOCTOR DINNER: notc, the court overruled a Court affirmed dismissal of Marcil 4, 2008 line of appell ate court cases the case, holding that there SPRING SEMINAR & GOLF: that held that "mistake, inad was no duty to protect May 22, 2008 vertence, or attorney neglect" against criminal conduct of could not be the basis for another. The court reaf 1. The meeting was called to granting a Rule 183 motion. firmed that no duty ex ists order at approximately 5:15 However, the court further absent a special relationship p.m. at The Silo in Lake held that a trial court cannot between the parties. Bluff. Former chair Scott Gib consid er the entire record in 5. The committee also dis son was presented w ith a the case when deciding cussed the computer trial fin e plaque and kind words whether to grant a Rule 183 presenta tio n equipment by Ri chard Kessler fo r Scott's motion. The inquiry must available in Judge Mullen's time as our chair. focus on whether the moving courtroom. A "Brown Bag" 2. P-e ter Berk made a presenta party under Rule 183 has es seminar will be held so that tfo n on foundation require tablished good ca use for fail attorneys can learn more ments for electronic records. ing to comply w ith Rule 21 6 about the system. Re ter discussed Lorraille v. in the first place. Finally, the 6. The meeting ended with our M arkel A merican 1115. Co. , 241 Supreme Court held that traditional discussion of ru F.R.D 534 (2007), a district having a party sign a section mors, gossip and innuendo. court opinion that includes a 1-109 verification by certifi lengthy discussion a nd cation satisfies the "sworn November 2007 The Docket Page 35 LfW Wills, Trusts, and Probate Committee October 9, 2007, Minutes by Liz Rochford, Chair n Tuesday, October 9, volumes of treatises, IICLE from 12:00 p.m. through 2007, we held our manuals, and computer re 4:30 p .m. at the Northern O LCBA Wills, Trusts, sources w ith the committee, Trust West Lake Forest and Probate Committee meet showcasing some of the branch. Speakers will in ing at the Lake County Court many ways a ttorneys can clude Judge John T. Phillips, house in Waukegan. We met at resea rch 111 the library. Bob Weber, Ri ck Lesser, Jack noon and the meeting was offi Many of the volumes are Richtman, Judge Valerie cially called to order by com ava il abl e through circul a Boettle Ceckowski, Lucy mittee chair Liz Rochford. ti on to attorneys; how ever, Dorenfeld, Paul Kasriel and Judge Valerie Boettle Ceck David suggests researching Stacy Singer of the Northern owski, Doug Stiles, Perry Smith, in the li brary and bringing a Trust. Lunch and cocktail Ed McGlynn, Ka thleen Hogan, d isk or fl ash d rive to store reception hosted by North Stephen Rice, Ken Suskin, Car the forms for later use. One ern Trust are included . The rie Lincoln, Rick Lesser, Lesli e very useful service that the cost of the event is $100 and Klocek, Kevin Kane and Lucy li brary offers that many MCLE credit is available. Dorenfeld attended the meet members present were un Sign up ea rly. II1g. aware of is the " Fax Ser 3. RICK LESSER reminds vice." Attorneys can have those interested in partici SA VE THE DATE: d ocuments fa xed or e pating in this year's Grid Wills, Trusts, and Probate mailed to the law library for iron show that an informa Committee Seminar is a nominal fee, a convenience tional kick-off meeting will Friday, November 16, when a last m inute change be held October 18 at at the West Lake Forest to a filing needs to be sub Hussey's Downtown Tavern Northern Trust office. mitted while the attorney is from 5-7pm. Please RSVP to Registration forms will still at the cou rthouse. the Lake County Bar Asso be sent via email. David is al most always on ciation at (847) 244-3143. Be sure to sign up early! site at the libra ry and en 4. Former Cook County Public courages attorneys to seek Guardian and current Cook Wills, Trusts, and Probate him out w ith any research County Circuit Court Judge updates are as follows: questions. Patrick T. Murphy pre 2. The Wills, Trusts, and Pro sented his innovative ideas 1. Law Librarian DAVID E. bate Seminar is set for Fri for a new division of the BENDER shared numerous day, November 16, 2007, Cook County Court in an Page 36 The Docket November 2007 article published by the Chi the man's niece mentioned it weight of the evidence, it cago Bar Association. Judge to staff at a daycare center. also erred when it refused to Murphy urges that as the State tests showed the baby find the minor neglected population ages, and the had died of natural causes, based on injurious environ increase of age-related dis but they didn't establish a ment. In re Tyrese J., a Mi abilities climbs, the judiciary family relationship. Now, llar, No. 1-07-1078 (Septem should be innovative the state won't release the ber 21, 2007) . • enough to create a new hori remains to the Charles Pea 8. In the Altenheim German zontal division to address vey family without proof of Home v. Bank of America, No. specifically those cases In kinship, and Peavey says he 2-06-0699 (September 24, volving individuals of a cer can't afford DNA testing. 2007) defendant Bank of tain age. Some issues may Prosecutors raised concerns America filed a 2-619 mo be evaluated subjectively to about the family's treatment tion to dismiss plaintiff's de determine if a case should of the mummy if it was re claratory action complaint be transferred to the elder turned. Belleville News based on affirmative matters division. By creating a col Democrat, September 20, outside of the complaint. laborative effort among the 2007 .• The 2nd District decided that domestic relations, probate, 7. Abuse and Neglect: In a ne the trial court properly al law, chancery, and criminal glect adjudication based on lowed the motion. Even divisions as well as with a child born exposed to opi though the trust agreement county social workers, de ates (under Section 2-3(1) (c) refers to adopted grandchil partments of aging and pri of the Juvenile Courts Act), dren but not to adopted vate agencies, the growing the 1s t District reversed the great grandchildren, the un elder population in Cook trial co urt ruling and re ambiguous language of the County can be better served. manded, determining that trust agreement is insuffi CBA Record, September the trial court erred in refus cient to overcome by clear 2007.' ing to permit the State to and convincing evidence, 5. Small-trust terminations: PA amend its petition to con statutory presumption in 95-605 amends the Trust form with the evidence after Section 2-4 of Probate Act, and Trustees Act to create a the close of proofs. Even in favor of including procedure for the termina though the State has no adopted children and ap tion of small trusts (less than good reason why that alle plies equally to trusts and $100,000) if the costs of con gation was not contained in wills .• tinuing the trust will sub its original petition, the 9. "Jury: Dricks Guilty on All stantially impair accom court has an affirmative re Counts." A Joliet couple was plishment of the purpose of sponsibility when it comes found guilty of unlawful the trust. This applies to all to the protection of minors; financial exploitation of an trusts created before, on, or and the parents would not elderly person, conspiracy after January 1, 2008, but be surprised or prejudiced to commit financial exploita this Act does not become by the amendment, since the tion of an elderly person effective until June 1, 2008 .• drug exposure was part of and theft by deception. Joe 6. A New Hampshire judge the stipulation and referred and Cheri Dricks met the has ordered a man to lay an to in the petition. In addi victim, Gladys Farrington, unusual family heirloom to tion, because the trial court's when she was 83 years old, rest: a mummified baby has finding that child's mother, obtained a power of attor been passed down for gen who had an admitted drug ney for Gladys allowing the erations. Authorities seized problem, did not live with Dricks to handle her finan the mummy last year when father is against the manifest cial transactions, and pro- November 2007 The Docket Page 37 ceeded to take about involved. ISBA Trusts & l1ah E., No. 1-06-1956. * $200,000 from the elderly Estates Newsletter, Septem 14. Even the dead apparently woman, using the money to ber 2007 .• have to pay the fines on pass their personal mort 12. Civil - Appeals/Guardian their overdue books at one gage, credit cards, and a ship: The 1st District Appel Westchester County library. new Cadillac Escalade. late court lacks jurisdiction Elizabeth Schaper said she Gladys passed away prior to to review an order tempo was charged a 50-cent late the couple's trial. Ioliet Her rarily removing the father as fee while turning in a book ald News, October 2, 2007. * co-guardian of his adult dis that her late mother had 10. Major "Kiddie Tax" abled son pending resolu checked out of a Harrison changes: The Small Busi tion of ci tation petition, de Public Library branch in ness and Work Community spite language in order that Harrison, NY. The woman Tax Act of 2007 changes the there is no reason dela y en passed away on September age limits for imposing the forcement or appeal. III re 16; two weeks later the kiddie tax on investment Guardial1ship of J.D., No. 1- daughter found the book as income of minors. Effective 06-3069. * she went through her in 2008, all children under l3. Civil - Involuntary Commit mother's personal items and age 19 and students under ment: The 1st District Ap returned the book. The age 24 will be subject to the pellate court held that even Central Illinois Pantagraph, kiddie tax. The year can though hearings extended September 27,2007 .• provide a planning opportu beyond the statutory time 15. Join the LEGAL & FINAN nity for those in the 18-23 period allowed for involun CIAL FORUM on Thursday, age range. ISBA Trusts & tary commitment, the re October 25, 2007, at the Lake Estates Newsletter, Septem spondent was not preju Forest Bank & Trust Com ber 2007. * diced because the trial court pany for a presentation from 11. "Proposed regulations limit had sufficient basis for con William B. Hummer, Chief ing estate tax deductions for tinuing case in order to af Economist of Wayne Hum uncertain claims against de ford a full and reasoned mer Investments, on the cedents and other admini presenta tion of evidence Current Economic Outlook stration expenses under Sec and decision. Further, the and Implications for the Fi tion 2053." The IRS has is evidence was sufficient to nancial Markets. Please sued proposed regulations prove that respondent was RSVP to MARK CHA YIN dealing with deductibility of subject to involuntary com at (847) 295-8800. * claims that are uncertain in mitment as least restrictive amount. For the past 80 acceptable alternative. Testi Please sign up early for the years, litigation regarding mony established that re upcoming seminar! Last year the regulations has devel spondent was mentally ill we sold-out, you don't want to oped two lines of cases; one and refusing all medica be put on the waiting list! deals with the "date of tions. Further, she suffered • The full texts of articles or death" value and the other from paranoia, and refused documents cited may be ob is the "actual payment." to live anywhere except her tained by contacting Liz Either method can create former home, where she Rochford at erochforda tty@ potential conflict, not allow was prohibited from going, sbcglobal.net ing for post-death facts to and where her psychiatrist The meeting adjourned at take effect or forcing the es testified she would be at 1:00 p.m. tate to take a contradictory greatest risk of acting on her position on claims depend paranoid feelings toward ing upon which litigation is City employees. III re: Hal1- Serious leverage at depositions With only a small percentage of cases adually going to trial, the bigger advantage. Because whether you're accessing the live real battleground for most litigation is the deposition room . testimony from across the table or your whole team is accessing UveNote's robust transcript and evidence management tools it from across the country, the live feed will intimidate your give you an edge by helping you easily pinpoint crucial testimony opponent and strengthen your presence during the deposition. that will influence settlements. For more information, call 1-800-762-5272 or viSIT livenote.(om. Add LiveNote< Realtime to your arsenal and you've got an even ~lIVENOT[ THOI'VISC>N... VVIEST November 2007 The Docket Page 39 • • M ~ M ~ ~ ~ ~ ~ ~ M ~ M ~ M ~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~G>~"~"~~~~~ .\\ ~\ "~The~ · ~~~ ~~ 1fapeVlne ~~ "~ ~~ .' (Publicity and Public Relations Committee) .. ;~ • New Baby: Congratulations to David Kerpel and his wife Erin who recently had a baby ;~ ;:..,:.. girl, Samantha Lindsy Kerpel on Saturday. September 22, 2007, at 1:26 a,m, Samantha was 8 ;~:.,. ~ Ibs, 3 oz, Best Wishes David and Erin! ~ .\~ • Sworn In: Congratulations to Mary Kay Foye, Irene Bolor, and Gary Foley who were .\~ ~~. ~~- ~ sworn in by the United States Supreme Court on june 4, 2007, The swearing-in ceremony ~ .\~ for Illinois takes place on the first Monday in june. in al ternating years, Way to go guys! .\', ~'~.~ • Special Awards: Congratulations to Deanna Bowen and David Liebowitz for receiving the "~. Volunteer Lawyer Program Service Award at the LCBA Business Meeting on September 25, ~ ~ ~ ;~G~~.. 2007, Both Deanna and David provide much time and effort to help out members of the "~. l ,) '.l: community and certainly deserve recognition, Keep up the good work' ~ ':\: ;~G~k.. • New Office: Good luck to Patricia Cornell, who recently opened The Law Office of Patricia ;~" l ,) ':\: Cornell in Waukegan, Tri eia was a partner at Gurewitz & Cornell and opened her new of- ~ '.): .\'_ fice in August. 2007, Congratulations' .\~ "~G'~·l ,) ':\:. • New Position: Congratulations to Shyarna Parikh, w ho recentl y became the Vice President ~~""~ ':\: of the Association of Women Attorneys of Lake County, The former VP was Gretchen Ned- .\~ denriep. who is a partner at Diver, Grach, Quade & Masini, LLP. in Waukegan, Good Luck' ~.~.~ • New Position: Stephen Rice recent ly joined the law firm of Lesser, Lutrey & McGlynn in ._ Lake Forest. Steve was a Staff Attorney with the court in Waukegan for the past two years. ;~., He is excited to delve into the finn's practice areas, w hich entail primarily probate, probate ~ ':\: ,;....- :" .. litigation, estate F, lanning. real estate, and taxation. He w ill also continue co-editing The .\\ ~ Docket in his spare time, Good luck' "~G'~l ,) '.l:" ,;.-.:"..- • Award: Deborah Goldberg was awarded the Wayne Flannigan Award for Lifetime Service .- on September 25. 2007, Deborah is a partner at the law firm of Goldberg & Kane, Congratu ;~ ~ lati ons Deb' ..~ - ... - ".. ", • New Position: Andrew Youra recently joined the law firm of Shaw & Foley LLC Andy for "."" ~ merly worked with Statel ine Legal and is looking forward to working in bankruptcy law in ~ Waukegan. Welcome Andy' ,;....- :, .. ;~ • New Baby: Congratulat ions to jason Mercure and Moira Mercure, who had a baby boy on ~ .- September 22. 2007. at 11 :09 p.m. William Robert Mercure was 7 Ibs, 3 oz, and 20 inches !I"''''...' - ;~ long. Best of luck with your new addition' New Book: Congratulati ons to Robert W, Smith, who has recently authored The Sakha lin ~ ;::.:",.- • .- Col/ection, The book is about an Air Force 051 investigator who is sent to investigate a secu ;~ ~ rity leak at an air stati on in japan, and it is based on one of history's most tragic and little .\\ ".. ,,, .. known crimes of humanity. Best of luck Bob' .' ;~ ~G~l i) .· • New Baby: Congratulati ons to Kate Frasier and her husband jim who had a baby girl on ;~ ~~~~~~~~; 2007, at 5:19 a.m. Kelsey Kreli na Frasier was 6 Ibs. 15 oz. and 19 inches long, ;~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ,,"'11. ,,"'11, ,,"'11, " ..." !I"-". ,,"'11, ,,"'11, !I" '" ,,"'11, • "'11, ,,"'11. !I"'''' ,,"'11. " ...". :./•. ". " •." ,. " ••" , ,,"'11, ~~m~~~~~m~~~~~~~~~ Page 40 The Docket November 2007 BAR BULLETIN BOARD WAUKEGAN- Professional office space avail FOR RENT- Lower level office space across able for immediate lease. Upper level office space street from Lake County Courthouse, consisting across from courthouse at One North County of 4 offices and 2 secretarial stations. Can be di Street, Waukegan. Reasonable price for this prime vided. Reasonable rent. Call Dlane at (847) 244- locati on includes jan.itorial services and utilities. 0770. Please ca ll (847) 662-4321. MID-SIZED LAW FIRM-seeks motivated asso CRIMINAL DEFENSE ATTORNEY- available ciate attorney for its practice in branch office lo for referrals and to cover any type of court ap cated in Woodstock. Seeking candidate with 3-5 pearance. Experienced in traffic, DUl, misde years of defense litigation experience. Excep meanors, felonies, and juvenile cases. Available ti onal organizational, analytical and writing skills for any courthouse in Cook, DuPage, Kane, Kend required. We offer a competitive salary and bene all and Lake counti es. Co-counsel fees provided. fit s package and an exceli ent work environment. Contact Nello P. Gamberdino at (773) 294-5532 or Send resume with salary requirements, academic [email protected]. history and references to: DOWNTOWN WAUKEGAN- Across from Hiring Partner Courthouse, 275-1200 square feet. Janitorial pro SmithAmundsen LLC vided. Well maintained. Spare available. 33 N. 2460 Lake Shore Drive County & 325 Washington. Pleas0 ca ll Ron Pol Woodstock, lL 60098-6911 lack at (847) 482-0952. Fax: (815) 337-49]0 No phone calIs please. FOR RENT- One office (194 square feet) in con genial suite in downtown Lake Forest. SenetClril1] HELP WANTED- Receptionist/Secretary with space included. FilX, conference' roorn, copy mil legal experience. Duties include handling incom chine, DSL connection. Plcase call Noel Spa so ilt ing ca ll s, scheduling, assisting owner, offi ce staff, (847) 234-9715. reporters, and cl ients. Monday through Friday, 9:00 to 5:00. Paid holidays, vacati on days, and FOR RENT IN CRYSTAL LAKE- 1500 square sick days. Pl ease contact Nina at Nina Dudziak feet of office space located in downtown Crystal Court Reporters (847) 406-3200 or nina@dudziak Lake. (Furniture available.) For further informa courtreporters.com. ti on call (815) 788-9900. & & & & & & & & & & & & & & & & & & M~M~M~~~~~~~~~~~~~~~M~~~~~~~~~~~~~~~ & & M~ (/t ~ 0 ~~ .'; 1 ne a1fapeVt'l1e (Publicity and Public Relations Committee) :; M~ Please help us share your news, including professional, philanthropic ~~ 0\' and social accomplishments/awards, as well as updates on achievements .\0. .. ". "."". "~ and milestones. You can write to us at [email protected]! ~ i:'" Wallt to joill our committee? It's easy alld fUll! ;':-.i" ~ Just cOlltact us alld we'llfill you ill! ~ & & & & & & & & & & m & & & & & & & ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~N~~~ It' 5 the fourth legal seminar you've attended from .i North American Title and by now you can see why The Illinois Department of Financial Institutions approves our , standards, and since continuing education is all about enhancing your expertise, the chance to learn from the 'leader makes quite a difference. ..NORTH " AMERICAN " TITLE •• COMPANY Like Clockwork® www.nat.com Chicago Loop 70 III' Madison Sr. 312-853-1191 Crystal Lake 149 N. Virginia St. 815-455-2500 Hoffinan_Estates 2300 N. Barrington Rd . 847-490-4243 Libertyville 1641 N. Milwaukee Ave. 847-367-4400 Palos Hills 9800 S. Roberts Rd. 708-598-6500 Skokie 5750 Old Orchard Rd. 847-58 1-9438 Waukegan 222 N. County St. 847-249-1200 Wheaton 373 S. CoWlty Farm Rd. 630-690-9500 Yorkville 803 N. Bridge St. 630-553-9104 Please call (847) 244-3143 to confirm date, time and location of event before you attend. NOVEMBER 2007 Date Event Time Location 11/06 Legal Aid Committee Noon Prairie State Office 11/07 MCLE Committee Noon LCBA Office 11/07 Real Estate Committee 5:00 p.m. InLaws-Gurnee 11/08 New Attorney Ceremony Elgin 11 /12 LeBA Office Closed-Veterall's Day 11/13 Family Law Committee Noon 003 11/15 Executive Board Meeting 11/15 Campaign for Legal Services Kick-Off Noon Waukegan 11/15 Corporate Counsel Reception 5:30- 7:30 p.m. The Forge 11/16 Wills, Trust & Probate Seminar Lake Forest 11/20 Professionalism and Office Mgmt. Com. TBD TBD 11/22-23 LeBA Office Closed-Thallksgivillg 11 / 27 Monthly Bus. Mtg./TIM Court Graduates Hussey's 11/28 NOMAD Brown Bag DECEMBER 2007 Date Event Time Location 12/03 Wk. Criminal Law Brown Bag Presentation 12/ 06 Holiday Party /82nd Airborne Fundraiser 4:00- 7:00 p.m. Glen Flora 12/11 Wills, Trust & Probate Committee 5:00 p.m. The Grille 12/18 Family Law Committee Noon CI03 12/ 20 Executive Board Meeting 12/ 24-1/1 LeBA Office Closed If you arc a Committee CIlair mid wish to cllflllge a meeti1Jg date or time, please COlltact the LeBA Office at (847) 244-3143. LAKE COUNTY BAR ASSOCIATION 'REi NON-PROFIT 7 N. County Street C7J NOV l) 1 2D u.s. POSTAGE '" t'l PAID Waukegan, IL 60085 MClilcd From Zip Code 60031 Permit No. 356 I, II" II", II", I" I" I, I" I" I" II", I ,I, I" I, I, I" I, I, I" I, I 4 3 5-DIGIT 60085 ANN CONROY LAKE COUNTY STATE'S ATTORNEYS OFFICE CHILD SUPPORT DIVISION 33 N COUNTY ST STE 205 WAUKEGAN IL 60085-4324