THE DOCKET The Official Publication of the Lake County Bar Association January 2005 • Vol. X, No.1
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Champaign I Chicigo Loop I Chicago North Side I Homewood I Li bertyville I Lombard Me Prospect I North Riverside I Oak La\;"11 I Wheaton I Belleville I Madison, Wi s. m The Docket The Official Publication of the Lake County Bar Association
January 2005
3 President's Page ...... Bernard Wysocki, President
5 Chief Judge's Page ...... : ...... , ...... Hon. Christopher C. Starck, Chief Judge
7 A Local Success Story ...... Robert J. Hauser
9 Avoiding Common Investor Problems ...... }ames J. Eccleston I 11 My Day at Wrigley Field ...... , ...... Robert Weber 13 Off The Shelf: What's New ...... •...... David E. Bender
15 A.Belated Expression of Gratitude ...... Emilio B. Santi
17 Real Estate Committee Minutes - November 3, 2004 ...... Leslie Klocek and Liz Rochford
1 B President's Award Dinner Photos
19 Real Estate Committee Minutes· December 1, 2004 ...... Leslie Klocek and Liz Rochford
21 Family Law Minutes, Musings & Commentary ...... , ...... Thomas M. Curewitz
24 The LCBA Rates Candidates for Asociate Judge
28 LCBA Holiday Open House Photos
29 LCBA Membership Appreciation Night Photos
30 LCBA November Brown Bag Seminar Photos .
32 Recent Lake County Verdicts
The Lake County Bar Association Bar Bulletin Board I Advertising One Six Twelve 7 North County Street • Waukegan, lliinois 60085 Rates Issue !llilJt Is s u~ (847) 244-3143 • (847) 244-8259 FAX Up 10 5 lines 525 1/81h Page SSO 14 5 $40 61010 lines IlS 2004/2005 Executive Board Quarter Page 190 180 170 [I 11 10 15 lines 140 Bernard Wysocki - President Half Page S135 S120 $105 Berle L Schwartz - 1st \lire-President Fur Page S230 IlOS S180 16 10 20 lines \4 5 Deborah Goldberg· 2nd \lire-President Stuart A. Reid - 5eclEtary To place an ad or for informalion on adver lising rales, ca ll (847) 244·3143. Raymond D. Coliins, Jr. - r",asuref Deadline: Firsl day of momh preceding the momh of publicalion. All submissions mUSl be made on diskene forma t accompanied by a hard copy. Diskeues jl re Ri chard S. Kopsick - Immediate Past Pres. relurned to 7 N. County Street, Waukegan, and if nO! relrievcd by the author/ owner wilhin thirty (30) days of publi ca ti on, become property of the Lake County 2004/2005 Ed~orial Board Photographer Bar Association. Karen Fox & Daniel Shanes - Co-Editors Gary Sch lesinger Ann Buche Conroy The Docket is the offic ia l publication of the Lake County Bar Association. 7 N. Editorial Coordinator Counly Street, Waukegan. IL 60085 (847) 244·3143, and is published monthly. James DeSanto Karl Newyear Subscripl ions for non·members are S4S.00 per year. Hon, Mitchell Hoffman Richard Kopsick Staff Reproduction in whole o r part without permission is pro hibited. The opinioo$ Amy and positions stated in signed malerial are those of the authors and not neces Michael Perillo D. Darling sarily those of the Association or its members. Al l submitted manuscripts are con· Executive Director james Simonian sidered by the Editorial Board. All letters to the edito r and articles are subjecllo editing. Publication of advert isements is nOl lo be construed as an endorsement Hon. Jane Waller Mel issa E. Brown of any product or service advertised unless otherwise stat ed. Han. Diane E. Winter Executive Assistant Page 2 The Docket January 2005
LAKE COUNTYBA~ ASSOCIATION MONTHLYBUSINESS MEETIN{;
TUESDAY JANUAR,Y 25, 2()()5
12:()() NOON
SA'IYDLE 7aVGE at the, R-amada 2()() N. Green BacJ R-oa..d wcwJ ..$12.()() YER... YER.SON w{th ver(j speC£a~ 3uest: Gh~J~eGh~apherstarck "St.ait; if the courthouse-" Address Enclosed please find my check in the amount of $_____ for _____ reservation(s) for the monthly business meeting on Tuesday, JANUARY 25, 2005. PLEASE TYPE OR PRINT NAME: ______ ______,PHONE: ______ Remit To: Lake County Bar Association 7 N, County Street Waukegan, IL 60085 (847) 244-3143 ADVANCE RESERVATIONS REQUIRED TO GUARANTEE AITENDANCE January 2005 The Docket Page 3 President's Page by Bernard Wysocki, President hen I graduated from the 3. Relax. W herever and whenever 9. Do only what you can do. We all Institute of Lawyer-Like yo u ca n, take five minutes to just have cases that we can't find W Answers, no one gave me a take some deep breath s. enough time to finish. Do what clue of all the stress that was involved 4. Take breaks. You r efficiency is you can, then let the rest go unti l in the lega l profession. This past year impaired if you do things beyond next time. as President, I have met so many new your capacity to concentrate well. 10. Control is an illusion. Th e attorneys who have expressed me to toughest poi nt for an attorney to th e stress they are experiencing in the S. Exercise and eat healthy. Studies learn is to give up control. Stop practice of law. have shown that stress can be hazardous to your hea lth by trying to force a course of events So with th e new year, if you are in creasing your suscept ibility to or a person that you can't con trol making any reso lutions, write them illness. Exercise and good nutri anyway. (If you choose to fol low down. (If you write it down, it's a plan, tion help you res ist illness and only one resolution, choose this one.) if you don't, it's just a dream.) Here are feel better, both physically and On to other events. We have two my top ten resolutions for that 2005 emotionally. brown bag lunches in January. Loca l you may find helpful: 6. Play, Play. Play. W ithout having government and the rea l estate section 1. Put the case in perspective. Do so me fun, you will get resentful have prepared exciting se minars that the five-year test. In five years, and unhappy w ith everyone. are free to Lake County Bar Association how important will that case be' 7. Pay attention to your feelings. Try members. In add ition, please come to the January bar meeting at the 2. Don't let your se lf-esteem to figure out why you are feeling Ramada. Our new Chief Judge Kip become dependent on wheth er stressed. Find an empathetic lis Starck w ill give us th e State of Court you win or lose a case. Thi s is a tener and talk. Don't hold it all in. address. We will finally be able to find big one. Your se lf-worth as a 8. Don't dwell on the negative. out Judge Starck's fu ture plans and human being is not dependent Spending a lot of time thinking present any suggestions you have for on whether you win or lose a about unhappy situations se ldom our (ourt system. tough case. Remember the people makes them go away and instead at home love you, whether you impairs your ability to cope w ith Here's to all of you to have a II w in or lose some case. them. healthy and stress free year. MICHAEL L. KLESTINSKI, A.C.S.W., & ASSOCIATES, P.MC. Parenting Classes ALCOHOL AND OTHER DRUG TREATMENT Counseling for Anger & Impulse Control D.U.! SERVICES Individual Training INTENSIVE OUTPATIENT COUNSELING Marital GAMBLING ADDICTION Family 5400 West Elm Street 1117 S. Milwaukee Ave. 68 Ambrogio Dr. West Elm Street Building B. Suite 2 Gurnee, IL 6003 I Suite 200 Libertyville. IL 60048 (847) 662-5588 McHenry, IL 60050 (847) 367-6900 (815) 344-6900 Page 4 The Docket January 2005 THE LAKE COUNTY BAR ASSOCIATION LOCAL GOVERNMENT COMMITTEE BROWN BAG SEMINAR PUB,LIC ETHICS AND INTE,GRITY Statutory Requirements for Units of Local Government and School Districts presented by Michael J. Luke Chief, Public Access & Opinions Division Office of the Illinois Attorney General Springfield, IL 12:00 - 2:00 p.m. Monday, January 10,2005 Assembly Room 10th Floor Lake County Administration Building 18 N. County Street Waukegan,IL R.S.V.P. - Amy Darling, 847-244-3143 January 2005 The Docket PageS Chief Judge's Page by Chief Judge Christopher C. Starck • IJI ell. we are off an d running dedicated to doing the right thing to which will begin in February and our with me as the new Ch ief the best of our abilities. It is a noble exploration of a DrUg/Mental Health W Judge and we haven't shut profess ion that we have chosen. LeI's co urt. We continu e to work on down yet! It is always gratifying to me all strive to live up to our common Integrated Justi ce. I am excited about th at we can change Chiefs every cou expectations of each oth er. these programs and will keep you pos t ple of years and yet continue to pursue As I take over the helm, after the ed as things progress. th e programs that we have begun, co n steady and tal ented leadership of I welcome your input during my tinue to work to achieve the goa ls set Margaret Mullen, I am so pleased with term as Chief. If you have an issue of forth in our long-ran ge plan, and con the direction that our court system is conce rn to you, pease feel free to drop tinue to remain th e top court system in headed. We will continue to strive to me a note, se nd me an e-mail, give me Illino is, if not the country. be responsive and innovative w hile a call or drop by and see me. I am In my mind we work together as a always remaining fi xed and steadfast to interested in what you have to say and team: attorneys, judges and court staff. our primary responsi bility: doing jus welcome your input. O ur common goals of achieving fair, tice to all who appear before our courts. Gary Schlesinger and I had so me unbiased and prompt justi ce bind us That, as you kn ow, is our tru e mi ss ion. fun a couple of yea rs ago exchanging together. Expect some changes in the next open letters in the Docket. In fact, we While we belong to a small and few months, most notably in the have talked on occasion of doing th at extremely talented group, we are ass ignment of judges. Many of us have agai n from time to time just for laughs. much maligned and gratuitously lam been aSS igned th e same ca ll for a num The one trul y important thing that I pooned by the media, en tertainers, ber of years. While I do not believe in sa id in one of my letters is thi s: We are politicians and th e public in general. change just for change's sa ke, some of all in this together. Let's do everything We tend to lend fodder to th e flam es at us need and want a new challenge and in our power to make our work ex peri times by our own anti cs and schemes. a new assignment. Th ese w ill be made ences as pleasant and rewa rding as we II Sometimes we are our own worst ene after consultation with the individual pOSSibly ca n! mies. While th ere is no end to their judges, the Presiding glee in casting barbs at us, they come judges and members quickly to us when they need their of the Ba r. It is impor Busy? Need help with your cases? ri ghts protected or need their wrongs tan t to keep our redressed. How quickly we turn from judges in assignments Attorney with six years' experience avai lable on laughing stock to hero! th at they enjoy while hourly basis to assist you with legal work such as: ensu ring that our sys But we are united in our desire to tem fun cti ons on an Closings Drafting Pleadings see k truth and achieve fairness. That is extremely high level. • Research what we, as attorneys, are all about. It Document Review I will do my best to is the heart of our training and is the achieve both goals. Good Work, Cost-Effective Rates, Fast Tttmaroulld burning des ire w ithin each of us. At th e end of th e day we ca n have no Expect also so me Linda Place (847) 244-4760 higher reward th an to rea li ze that we new court endeavors, [email protected] have made a positive impact on th e most notably the lives of our fellow citizens. We are Fel ony Traffic court Page 6 The Docket January 2005 LAKE COUNTY BAR ASSOCIATION "BROWN BAG" SEMINAR Thursday, January 13, 2005 12:00 p.m. to 1:00 p.m. Lake County Courthouse 18 N. County Street, Waukegan , IL Courtroom C-201 THE BASICS OF A REAL ESTATE CLOSING Also covering forms and procedures for pre-closing, closing and post-closing matters Presented by: Ms. Leslie Klocek, Wysocki & Smith Ms. Elizabeth Rochford, Attorney at Law Written Materials will be provided LCBA Members: B. YO.L. (bring your own lunch) NO CHARGE FOR SEMINAR Or just $7.00 & order your lunch from Elliott's Deli Non-Members: $22.00 (seminar w/lunch) $15.00 (SEMINAR FEE) When ordering lunch please use form below RESERVATION DEADLINE IS TUESDAY, JANUARY 11, 200S! ALL LUNCH ORDERS MUST BE PAID FOR IN ADVANCE Lunches will be ordered from Elli ott's Off Broadway and consist of a sandwich (of your choice), chips, salad (pasta salad or cole slaw), pickle and cookie. Your fee will al so include a drink. Enclosed please find $ for a box lunch/seminar fee for the Lake County Bar Association Brown Bag Seminar on Thursday, January 13, 2005. Name: ______Phone: ______ Circle Lunch Selection: Circle Drink Selection: Turkey on Wheat Tuna on Wheat Coke Roast Beef on Kaiser Ham on Rye DietCoke Salami on Kaiser Chicken Salad on Wheat Sprite American Sub Sandwich Make Checks Payable and Return to: Lake County Bar Association· 7 N. County Street· Waukegan, IL 60085 January 2005 The Docket Page 7 A Local Success Story by Robert 1. Hauser I ,I ] '\ "H ey Hauser." That greeting was In fact, Jeff Booker is now known as incarcerating them as opposed to find I made as I was leaving the Jeffrey Darnell McBride. He is 54 years ing alternative treatment. In addition, courthouse following the court of age, and in 2003, was the top vote there is now statutory authority for drug calion October 6, 2004. The speaker getter earning a second four-year term courts that can deal with individuals was Jeffery Booker, someone I had for the Waukegan Public School who have substance abuse problems in known over the years from my experi Board. In 2001, he was named one of an intelligent and therapeutic manner ence in the criminal court, but some the Most Influential African Americans instead of just warehOUSing them in jail one I had not seen in many years. of Lake County for civic activities. or the Department of Corrections when their fi rst thought when they are In fact, Booker was a frequent visi He is a supervisor for the City of released is "scoring drugs. 1I tor to the criminal courts during the Waukegan Public Works Department 1970s and into the early 1980s and and he has founded several youth pro Jeffery Booker is a legacy to both was often a guest at the Lake County grams, such as the Hot Shots Bill Block and Tom Smoker, and it is a Jailor the Illinois Department of Basketball Tournament, as well as legacy that can be built upon by Corrections. coached a number of sports and sport promptly beginning the drug court in programs allover Lake County. I am Lake County and understanding that That changed, as he explained, in certain that Bill Block and Tom Smoker addiction is a difficult problem with 1981 when he was represented by Tom were very proud. relapses as well as abstinence. Smoker. We also discussed the fact that both Booker was appearing before Judge Mr. Hauser is partner with the Judge Block and Tom Smoker, (now William Block, once again for a drug Waukegan Firm of SuI/ivan, Smith, known as Judge Thomas Smoker) had offense. At that time, Judge Block stated Hauser & Noonan. A graduate of died, Block more than eight years ago (according to Booker), "You're always Harvard University, Mr. Hauser has and Smoker only a few months ago. appearing before me and I'm always been a member of the Lake County sentencing you to jailor the peniten Ironica ll y, they both died from Bar Association since 1972 and con tiary. I see, however, that you1ve never esophagea l cancer, which had metasta centrates his practice in bodily injury I] had treatment and so I'm going to take sized to the liver, and both died at the and criminal law. I a chance on you and sentence you to age of 54. the Gateway House for treatment." I think it is impor Conference Room Available Booker was sentenced to the tant to share this story Computer-Aided Transcription Gateway House where he received because there are suc Minuscripts drug treatment. He asked that he not cess stories arising out be sent to a facility close to Waukegan of the criminal court. because that was close to his suppliers. The story is also timely and relevant, even L & L Reporting Service, Inc, He has remained drug free since though his success that time. He now works with youths, 23 Years Experience began 23 years ago, COURT REPOATERS and when he was leaving the court because there are reg 9 North County Street house, it was not because of some ular discussions about Lori A. Eder Waukegan, IL 60085 pending criminal case, but rather to (847) 623-7580 punishment for non obtain some documents in his role as a Linda M. Giuseffi FAX (847) 623-7597 violent offenders and youth counselor. the cost to society in Page 8 The Docket January 2005 Tha nk Yo u to These Leaders in the Ca use of Equa l Access to Justice The 2004-2005 Campaign for Legal Services, supporting Prairi e State Legal Services and the Vo lunteer Lawyers Program, officially kicked off on November 10 with a reception at Glen Flora Country Club. Phil Baron and the Lake County Singers provided wonderful entertainment, and First American Title sponsored hors d'oeuvres. The fo llowing donors have made early gifts to the Campaign: Seni or Partners ..... $2,400+ Lawrence and Jane Smith Robert Baizer Barbara A. Weiner Supporters ...... $60+ Gifts to the Arlene Fa lotico Memorial Fund Han. Diane and Bryan Winter l awrence and Geraldine Callan The Harold and Ruth Goldman Bernard Wysocki, Perry Smith & Michael J. Conway Philanthropic Fund lesl ie Klocek Irene Halkias Curran YWCA of Lake Forest Gene and Mary Rita DiMonte Associates ..... $120+ Han. Wallace and Joan Dunn Partners ..... $1,200+ Ancel, Glick, Diamond, Bush , Joel D. Gingiss Raymond Kloss DiGanni & Rolek Howard and Deborah Haile Leibowitz Law Center Lee A. Arbus James A. Harbaugh Han. Victoria Martin in memory of Michael T. Cavanaugh Kalcheim, Schatz & Berger Han. Thomas Smoker Joseph E. Davis in Honor of Richard and linda Kops ick Linda Spring Emilio Santi (retirement) Donald M . Lonchar, Jr. Lucy Dorenfeld Morgan & Mittelman, ltd. Advocates ..... $600+ Paul and El aine Eagon O 'Hagan, Smith & Amundse n Deborah Goldberg Andrew Eichner Alan Pearlman Linn & Campe, Ltd. Albert and Suzanne Friedman in Gerald L. Pollack Joseph Poell Honor of Amy Weiss Kendrick Scott Gary L. Sch lesinger David l. Gates & Associates David A. Semmel man June & John Gleason Mary E. Stanton Peers ..... $300+ Kenneth and Bobbie Glick Sullivan, Smith, Hauser & Noonan Assistant State 's Attorneys of Lake County Joy Gossman & Greg licsay Marian Vahl Kenneth and Edith Burns, Jr. H. Brian and Tamara Hershinow in Ann Buche Conroy Honor of Emi lio Santi (retirement) Fri ends ...... Under $60 David Del Re Han. Mitchell and Sara Hoffman Henry and Beverly Bogdala William Y. Franks Bridget Hutchen Dianne Casu to Judith Goodie Julius Ishida Deborah Goldberg and N eil Puller in Jack and Catherine Herrmann Ke vin Kane and Mary Rose Strubbe memory of Uune Peterso n Gleason 's father) Garrick J. Hodge Michael T. Kennedy Harold and Ruth Goldman in memory David S. Ke rpel Scott and Betsy lassar of Michael Evans Steve Larson Mark lidschin Harold and Ruth Goldman in memory Sally Lichter Han. Robert Mcqueen of Dori e Friedman Tom lilien and Linda Rothnagel Elizabeth M. Rochford Harold and Ruth Goldman in memory Lindsay & Rappaport Claire Rothnagel of Sara Hirsch Bill and Wendy Lipsman Sam and Judy Rothnagel Harold and Ruth Goldman in memory Helen Moorman Marjorie Sher of Leah P. Klein Newland, Newland & Newland Robert S. Sm ith, Jr. Randy Heidenfelder John Quinn Han. Henry C. Tonigan Hon. Margaret J. Mullen Stuart A. Reid Michael and the Han. Jane Waller John M. Quintanilla Peter Schlax Terry L. Weppler Jon and Patricia St ickney Susan B. Skarecky Betsy Wolf-Friestedt Kathleen Sw ett Charles W. Smith Tota l gifts and pledges to the 2004-2005 Campaign as of December 9: $33 ,901.33 Goa l for the Campaign: $105,000.00 The Campaign needs the help of every member of the Lake County Bar As sociation. If you have not made your gift, please do so today. Gifts can be sent to: The Campaign for Legal Services 325 West Washinglon, Suite 100 Waukegan , IL 60085. The suggested minimum contribution is the value of two billable hours. Thank you fo r you r help! June Peterson-Gleason and Jerry Kessler, Campaign Leadership Committee Co-Chairs January 2005 The Docket Page 9 Avoiding Common Investor Problems by James J, Eccleston I 1 I he Nationa l Association of NASD states that investors can detect "What is th e ri sk of losing money on Securities Dealers (NASD) has cold-ca lling when, for example, the this in vestme nt ?" Investors shou ld Tpublished helpful gu idance for broker claims that a fast investment is maintain contemporaneous notes of in vestors on its website, necessary to avoid missing the oppor their conversat ions. tunity, or even to take advantage of www.nasd.com. en titled , "Common Unauthorized Trading Investor Problems and How to Avoid "inside information." This misconduct involves the bro Them." Th ese "In vestors' Best To avoid thi s problem, investors ker's buying or sell ing a secu rity with Practices" describe what investors can shou ld beware of sa les pitches that out the investor's prior knowledge and do to avoid the four most frequently make exaggerated claims, and should prior consent to do so. In vestors can reported problems: misrepresentation, never send money to a broker or bro detect this problem by carefu lly and cold-calling, unsuitability and unau kerage firm that they do not know. The promptly reviewing their confi rma thorized trading. Let's exam ine the NASD advises investors to visit the ti ons of trades as well as their monthly regulator's advice. broker and th e firm, if pOSSible, and to account statements. Misrepresentations (and Omissions) inquire from the NASD as to the bro ker's background by ca lling 800-289- The NASD advises investors to Brokers may not tell the whole 9999 or visiting the NASD's websi te. avoid this problem by immediately story in describing an investment, Suitability complaining, preferably in writing, to omitting or misrepresenting material the broker's branch office manager. facts. The NASD cautions that this Brokers cannot recommend invest Then follow up with communication misconduct commonly is found with ments to investors unless they are suit to th e firm's compli ance department. low-priced, spec ulative securities able for the investor, given such factors Act immediately as time is criti cal . because of their increased ri sk. as the investor's age, financial statu s, goa ls, income needs and net worth . Regarding all types of broker mis Investors may be able to detect this I As an example, the NASD cites a rec conduct, the NASD suggests that problem, according to the NASD, ommendation to make a signifi cant investors attempt to resolve the ir con when th ey lose money on th e invest Ij investment in a high ly specu lative flict w ith the brokerage firm. That may ment, when th ey have trouble selling secu rity to an investor who needs or may not work and investors shou ld the investment, when they are able to in come. be mindful of delays that may ensue. conduct independent research, or In fact, most often investor complaints Investors may not be able to detect when th ey review written information are met with "Delay, Delay and Deny." an unsuitable investment until after such as a prospectus. To avoid the Should investors not be satisfied with they have lost money or another finan problem, the NASD advises that the firm's response to a complaint, the cial profeSSiona l has alerted th em to investors request that their broker send NASD recommends filing an arbitra the problem. To avoid the problem of written information to substantiate his tion claim. or her remarks. Also, investors should unsuitable investments, the NASD sug review the maintain contemporaneous notes of gests that investors ask to James}. Eccelston is a securities their conversations with the broker. brokerage firm's account file, such as attorney, representing investors as well the new account form with profiles for Cold-Calls as brokers and brokerage firms nation the investor's investment objectives wide in arbitration, litigation and regu Co ld-ca lls, or high pressure sales and risk tolerance. Additionally, latory affairs. He is an equity partner ca lls, are designed to harass investors investors should attempt to be proac with Shaheen, Novoselky, Staat & into purchaSing investments. The tive, by asking such questions as , Filipowski. ~Nicasa Positive Choices. Lifelong Solutions. EXPANDED WOMEN'S SERVICES NICASA: • Career Counseling Positive Choices for • Safe Housing Advocacy Lifelong Solutions • Mental Health Services • Evening and Saturday hours FaCility Locations DUI SERVICES 1113 Greenwood Ave Waukegan, IL 60087 • DUI Evaluations (847) 244-4434 • 10 hour DUI Risk Reduction Education • Moderate, Significant & High Risk Treatment Programs 31979 N. Fish Lake Road • Secretary of State Evaluations Round Lake, IL 60073 • Programs available for Spanish speaking clients (847) 546-6450 TREATMENT PROGRAMS 2900 Main Street Buffalo Grove, IL 60089 • Adult Outpatient (847) 634-6422 • Adolescent Outpatient • Bridge House (Residential Halfway House) Women's Services • Adult Intensive Outpatient 2031 Dugdale Ave. North Chicago, IL 60064 SPECIALIZED SERVICES (847) 785-8660 • Aggression Control Training (for violent offenders) • Women's Services (including treatment, lifeskills, 2634 Grand Ave ., Ste. 202 parenting and job training) Waukegan, IL 60085 • Toxicology - Urinalysis - Hair Analysis (847) 775-0541 • Comprehensive Latino Services Bridge House • Comprehensive Prevention 3016 Grand Ave • Teen Court for non-violent, first-time offenders Waukegan, IL 60085 (847) 662-4124 GAMBLING INTERVENTION SERVICES • Assessments and Evaluations Sliding Scale Fees • Risk Reduction Education Available • Individual and Group Therapy • Information and Referrals Licensed by the Office of Alcoholism and Substance Abuse and Certified by EARLY INTERVENTION SERVICES Temporary Assistance for • Youth drug and alcohol evaluation Needy Families (formerly Medicaid) • Assessment for delinquent/ criminal behavior • Education/skill building program Se Habla Espanol • Referral Services • Case Management • Follow-up services ~.nicasa.org Mark your calendars for November 6, 2004 for Nicasa's Angel Ball at the Harrison Convention Centerl For more information, please call Diane at (847) 546-6450. January 2005 The Docket Page 11 My Day at Wrigley Field by Robert Weber ne day last June as I was sitting game for you and you r at my desk in my home con g~est." Now my suspicion O templating the condition of antennae really began to the world, the phone rang to wake me hum. "How much is this from my slumber. going to cost," I wondered. "Mr. Weber, this is xyz from the "00 you have any ques tions?", she asked. IINo, I Walgreen's Company. Congratulations, you are one of our winners", a voice replied." "Would you like to know when this will be?" announced. "Oh, yes, I guess I should Having never won anything, and know that." By this time, I not having entered any contest, I was figured I would just play waiting for the pitch to tell me how along until she told me the much my new time-sha re was going to price. "You have to be at cost. So I asked, "And what did I win?" Wrigley Field on July 20, at "You won a day at Wrigley Field for 8:00 a.m., and if you do have you and a guest. It will include a work additional questions, call me out for you with Cub players or coach at..." (a number she gave me, Addison Streets and parked on the es, infield, outfield, and batting practice plus repeating her name). She then street about 100 feet from Wrigley for you, and lunch and tickets to the hung up without ever giving me a price. Field. We entered through a speCial A little while later my wife returned gate where we were greeted by xyz, from shopping and I told her about the were each given a Cubs jersey and hat, strange telephone ca ll I received. a throw-away camera, and our tickets to the game. "Oh, you won!" she responded. 1- "What do you mean I won?" "Well, We were led to the seats behind the every year you take our grandson to a Cubs dugout. Soon third base coach Cubs game, so I entered your name in Wendell Kim and batting coach Larry a contest figuring that if you won you Rothschild came out to talk to us. We could take him this year to the work had a nice conversation. They sug out." As it turned out, the guest had to gested that the players might also come over to talk to us and even sign be 18 years of age, and our grandson is autographs, but we weren't to bother only 9, so my contest-entering spouse them. Well, they never did come to became my guest. talk to us. However, Dusty Baker did Some days later, I received instruc come out of the dugout and he smiled tions about the day, and was required and waved to us. to sign a Release because one could There were 15 winners (and of be hurt playing baseball (and that was course 15 guests). We 15 winners, but before they saw me play). not the guests, were divided into three On July 20, we drove to Clark and groups. We had been instructed to Page 12 The Docket January 2005 bring gloves, but no moved first base since I sp ikes or bats . Five of us played. I could hardly went to the outfield, five see the first baseman, to the infield, and five to and he looked about two the batter's cage. inches tall. I then made my prodigious toss to I was in the group first. The ball reached the th at started in the out· pitcher's mound, took field. Four of the guys two bounces, and died. I went to cen ter field, but I was hit five more balls, wanted to play left field a II with the same effect. like Lou Novi koff. The first ball that was hit to Blessedly, we finally me by Kim was a line moved to the batting drive. I charged it. I cage. The coach throw knew I couldn't get th ere ing batting practice was on time, but I was taught very good. He managed in high school to always to hit my bat all six times keep the ball in front of he threw to me, so I went us. So I let it bounce and six for six. (Sammy Sosa, extended my glove to eat your heart out). make my first catch in Wrigley Field. Finally, Kim hit a fly ball to me. I knew I could get under this ball and We then returned to our seats, and The ball bounced off of my chest! We make the catch. However, better sense watched the Cubs stretch, and ignore were supposed to throw the ball back. took over. Figuring that if I got hit in us like we had the plague. Then it was So I wound up and threw as hard as I th e ches t and the stomach, I would time for lunch. We were taken to the could. The ball reached deep short probably stop this ball with my face, so Stadium Club where we were invited center field, as did all of my throws I played it on the bounce. I did make to six different buffet tables with meat, back in. that catch. cheese, sa lads, fi sh, etc. It was air con The second ball Kim hit to me in ditioned (something we desperately Next we moved to the shortstop my rotation was also a line drive. I needed), and we could have as much position to take infield practice. One again charged, but this time having as we wanted. of the coaches hit the ball to me. I learned from the first ball, I raised my fielded it cleanly, and looked up to After lunch it was time for th e game glove to protect my chest, and stopped throw to first base. Now you have to to start. We went to our seats, about th e ball with my stomach! five rows up behind home plate, where know I played third base when I was in The third ball sent my way was on high school, so I've made th e throw we watched the game. the ground, to my right. I raced over, from third to first, and the pros make By the way, the Cubs lost to the put my glove down, and wa tched the the throw look so easy I knew this Cardinals, bloWing a six-run lead in ball roll into the vines at the wall. would be a cinch. However, they the sixth and seventh innings. We left ea rl y because it was time for th e police to start towing cars on Addison street. It was a wonderful, memorable day. One I wi II cheri sh forever. It was my Field of Dreams. One last thing. We were told not to bother the players, but I saw Dusty Baker sitting on a rai ling with a Cardinal coach, and I sent my wife (coward that I am) over to him to ask for his autograph. She got hollered at, but we did get a ball we brought auto graphed by him, which now resides on our grandson's shelf. Robert Weber (not to be confused with Ron Santo) is the liaison between th Illinois State Bar Associatiom and the Internal Revenue Service and has been practicing law in Lake County for 43 years. E-mail: [email protected] January 2005 The Docket Page 13 Off The Shelf: What's New by David E. Bender es l I have been remiss in writing at the College of Lake this column. I apologize. I was County. a little burned out from writing a Y The library contin monthly column for the past 4+ years, ues to rack up national and there is only so much one can recognition and write about law libraries (even one as awards. In June, the wonderful as ours!) before you start library was recognized losing what little, tenuous grasp you with an Achievement sti ll have on rea lity. But I am back on Award from the - - , th e wagon again. For thi s you can National Association of - I thank your LCBA Executive Director Counties (NACo) for all - - Amy Darling. Mistakenly, I allowed its work with the Center I myself to be trapped on an elevator for Se lf-Representation. with Amy, and when everyone else But we have not been had gotten off she let it be known that sitting on our laurels. it was in my best interest, continued We have added a host of new family below the ra te of inflation since the well-being, and physical health to start forms, including a petition, response, funding formula was last changed in writing th is column aga in. UCCJEA affidavit, in rem judgment, and 1990. Nevertheless, th is places us on Since my last column there have joint parenting agreement. By the time the soundest financial foot ing we have been a number of happenings in the this article is published, we should have had over the past S-plus years. Special library. Full-time clerk Jack Sorenson a judgment added to the list. The URL th anks are in ord er for Rep. Mark moved on to other things this past for all of these forms is Beaubien for sponsoring this legislation spring. Those of you who have been in http://www.19thcircuitcourt.state.i l.us/f over the past several years. He is a firm th e library since then know Elizabeth orms/family/family law.htm. In addi believer in the mission th at the libra ry Nunez has succeeded Jack. Before tion to the Achievement Awa rd, the serves, and he kept subm itting this joining the library staff, Elizabeth was Center for Self-Representation is being measure every session over the past a Public Service Clerk out at Juven ile highlighted in a video created for the couple of years until it passed. Thanks Detention and Probation in Vernon Illinois Equa l Justice Campaign. This also go to Sen. John Cullerton for spon Hills. It was Elizabeth's job to make video is being sent to all of the Illinois soring this legislation in the Senate. state legislators to persuade them to sure the young "participants" did all of Last, but not least, the debit card their hours of public service. Her posi increase funding to the Illinois Equal Justice Foundation. The Equal Ju stice system on the two photocopiers is tion there was grant-funded, and the back up and running. Both machines grant was coming to an end. To keep Foundation funds groups such as Prairie will now read the ca rd s and subtract her gainfully employed, the courts State and provides grant money for from the balance after each copy is transferred Elizabeth over to the projects like the Center for Self made. PLEASE NOTE: While both library, a move that has benefited both Represen tation. machines can use the card for making very well. Elizabeth has adapted Financially, the library is now on a extremely well to life in the library, little sounder footing. In July, Governor photocopies, one may only recharge and her bilingual abilities have been a Blagojevich signed HB 4370 into law. th e card usi ng the vend sta tion on the great boon to our ability to assist HB 4370 increases the amount per civil Xerox-manufactured machine. This Spanish-speaking patrons. When not filing fee that goes to fund th e law machine, pictured below, is loca ted by working in the library, Elizabeth is library. I only say a little so under foot the emergency exi t on the north side of st udying a criminal justice curriculum ing in that this increase is still 14% the library. January 2005 The Docket Page 15 A Belated Expression of Gratitude by Emilio B. Santi November 30, 2004 less me father for I have sinned. It has been two months since my Bretirement and I have yet to thank all my friends and colleagues in the Lake County legal community ior their kind generosity in making my recent retirement truly a memorable event in my life.While I pride myself in punctu ality and organization, those traits seem to have been lost in the frenzied severa l weeks preceding September 30th. I pen these few words as a feeble attempt to correct same. At my summer barbeque, a good friend Nea l Goldberg, while gra cious ly acting as the bartender, so mehow mixed and matched th e gifts so that the lar punctuation of same. Richard Biondi In conclusion, I ha ve come to an identity of each donor could not be reliving the early years. Bob Fox as a interes ting reali zat ion about my readily ascerta ined. I th ank you all masterful, albeit impromptu, master of retirement. I have see mingly retired espec ially for the beautiful Cubs jersey. ce remony. And finally the melodic rendi from the bench only to continue By process of elimination I was able to tions of Bruce Bertu cc i and the working in th e law. Upon reflection I reduce the fi eld by th e three White Sox Courthouse Singers. Whether or not do believe I have yet to get fans in attendance. those of you attending were aware, a Waukegan, my colleagues, my love portion of th e admission cost was desig At the courthouse breakfast, the for the law and my love for all of you nated for a retirement gift. In the tran sla out of my system. Until I do, see you origin of most gifts was a bit more tion of events it became unclear what the iden tifiab le, Kiley Center's beautiful around campus! gift would be. I have tea set, Juven ile Probation's nostalgic decided that after first remembrance of the past, the trip to supporting my local Galena and Eagle Ridge, and lastly th e 111111 DAVID L. GATES & ASSOCIATES golf pro, Eric Barnes exqu isi tely produced video of my life. with a contribution My Jewish friends will unders tand INDIVIDUAL, MARITAL, AND FAMILY THERAPY toward depleting his when I say w ith respect that I finally • Domestic Violence • English & Spanish inventory, the balance feel like I made my Bar Mitzvah. • Anoer Management • Evening & Saturday Appts . Available will be donated to two • Alcoholl Drug Add iction ! Again, my thanks to you all. of my favorite charita • Custody. Visitation , • Reasonable Ra les Divorce Mediatio n • Licensed Marital & Fa mily TherapISt Lastly came the retirement dinner at ble organizations, The • Christian Counseling • Certified Alcohol & Drug COlJnselor Glen Flora. My sincere th anks to those Parkinsonls Disease who spoke and sang, including Steve Research Society and Approved AAMFT Supervisor Lunardi, who in his invocation epito The Chick Eva ns mized our growth and maturity during Sc h o lar ship 847·625·0606 these past thirty-one years of pursuing Foundation. Thank you 501 N. Riverside Dr. , Suite 111, Gurnee, IL 60031 the law in Wa ukegan. Bob Baizer's jocu- all! Page 16 The Docket January 2005 LAKE COUNTY BAR ASSOCIATION LOCAL GOVERNMENT COMMITTEE "BROWN BAG" SEMINAR Monday, January 10, 2005 12:00 p.m. to 2:00 p.m. Assembly Room-10th Floor Lake County Administration Building Waukegan, IL PUBLIC ETHICS AND INTEGRITY Statutory Requirements for School Districts And Units of Local Government Written Materials will be provided LCBA Members: B.y'O.L. (bring your own lunch) NO CHARGE FOR SEMINAR Or just $7.00 & order your lunch from Elliott's Deli Non-Members: $ 17.00 (seminar wflunch) $ 10.00 (SEMINAR FEE) When ordering lunch please use form below RESERVATION DEADLINE IS FRIDAY. JANUARY 7. 2005! All LUNCH ORDERS MUST BE PAID FOR IN ADVANCE Lunches will be ordered from Elliott's Off Broadway and consist of a sandwich (of your choice), chips, salad (pasta salad or cole slaw), pickle and cookie. Your fee will also include a drink. Enclosed please find $ for a box lunch/seminar fee for the Lake County Bar Association Brown Bag Seminar on Monday, January 10, 2005. Name: Phone: ______ Circle Lunch Selection: Circle Drink Selection: Turkey on Wheat Tuna on Wheat Coke Roast Beef on Kaiser Ham on Rye DietCoke Salami on Kaiser Chicken Salad on Wheat Sprite American Sub Sandwich Make Checks Payable and Return to: Lake County Bar Association • 7 N. County Street • Waukegan, IL 60085 January 2005 The Docket Page 17 Real Estate Committee Minutes November 3, 2004 by Leslie Klocek and Liz Rochford n Wednesday October 6, 2004 Speaker ing, at clOSing, and post-closing. The we held our third LCBA Real program will be geared toward the less Our speaker was Rick Lesser, of Estate Committee meeting of O Bollman and Lesser of Lake Forest. His experienced real estate practitioner. the year. We met at Austin's in firm specializes in estate planning, The annual half-day seminar will Libertyville at 5:00 p.m. The meeting be held in March 2005 in Grayslake. was officially called to order at 5:30 contested estates, business law, real The committee to plan the event is cur p.m. The meeting was attended by estate, and land use. Rick is also the rently forming. Please contact Leslie Leslie Klocek, Liz Rochford, Rick Chair of the Estate Planning Wills, or Liz with topic or speaker sugges Storey, Jerry Lee, Terry Smythe, Jennifer Trusts, and Probate Committee of the tions. Mahoney, Vickie N. Coleman, Ronald Lake County Bar Association. Rick dis Runkle, Deborah Lachman, Mary cussed transfers of real estate in The committee is also forming for Hirsen, Maria Garza Peterson, Judy deceased estate situations. At the time the Fall 2005 seminar trip. We are cur Swanson, Alicia Ibarra, Ken Suskin, of a death, the title to real estate vests rently exploring sites for the seminar. and Liz Holland. in the decedent's heirs at law, however Sonoma Valley California is currently there is no recording made in the being considered. If you are interested Real Estate updates are as follows: chain of title to protect the interests of and have suggestions, please contact 1. Currently pending before the the heirs. Rick introduced a little Leslie or Liz. The Wills, Trusts and Illinois legislature are proposed known Cook County form (which may Probate Com m ittee h as expressed amendments to the Illinois be adapted and used in Lake County) some interest in making this a joint Notary Public Act 5, ILCS 312/1- called a Notice of Probate and Release venture. 101 , which include the require of Estate's Interest in Real Estate. The • The fulf texts of articles or docu ment of each notary to maintain form once completed a",d ,ecorded, ments cited may be obtained by con a log for each incident of nota acts as a public notice in the chain of tacting Liz Rochford at erochfordat rization (except attorneys who title to protect the interests of the heirs. [email protected] may instead keep a record in their regularly maintained files). Our sincere thanks to Rick for his The future meeting schedule is as More significantly to real estate interesting and informative presentation. follows: practitioners, the proposed Continuing Business December 1, 2004: McCormick's amendment provides that notarial in Lake Bluff. Ticor Title representatives acts that involve the conveyance The committee is continuing the process of establishing an e-mail net will be speaking on the alarming rise of real estate will require the of fraud in real estate transactions. signor to place a thumbprint in work to share information with mem the notary journal.' bers on a monthly basis and also to The meeting adjourned at 6: 15 p.m. proVide members with a resource for 2. The Property Tax Cap adopted by The committee is optimistic that problem issues that arise for practition Cook County is being challenged participation will continue to increase. ers. Anyone interested in participating in a lawsuit led by The Please forward us any comments or should e-mail their information to Chicagoland Chamber of suggestions for topics, speakers or Leslie or Liz as below. Commerce and the Building future meeting locations. Your input is Owners and Managers Assoc Leslie Klocek and Liz Rochford will criti cal to our success!!! iation of Chicago. The suit be presenting a brown bag seminar on Leslie Klocek [email protected] alleges that the tax cap is uncon January 13, 2005 that will address the stitutional and unfairly shifts the basics of a real estate closing including Liz Rochford tax burden to businesses.· the forms and procedures for pre-clos- eroch [email protected] Page 18 The Docket January 2005 President's Award Dinner he President's Award Dinner held on November 4, 2004, Tat Independence Grove in Libertyville, honored Award recipient Justice Lawrence D . Inglis and also recognized Senior Counselor Murray Conzelman. In addition, a Lake County Bar Association Resolution instituting the Wayne B. Flanigan Memorial Scholarship was presented to Mrs. Elaine Fl anigan. THREE DIFFERENT WAYS OF SERVING YOU AND YOUR CLIENTS Let us he lp make you an even morc effective advocate. As a quali fied mediator. we offer th ree separate services to help yOUf di vo rcing clients resolve their differences. I. Add privacy, civility and greater control over the issues while lowering costs and adding to your effectiveness by encouraging you r clients to mediate their divorce. As a qualified mediator, our faci litator service helps resolve chi ld custody, the division of assets and other difficult divorce issues. OUf mediation and your advocacy: working to make your client whole. 2. Help to bring closure to one of the more contenti ous issues in most divorces; the division of assets. As a Certified Financial Planner, Regi stered Investment Advi sor and member of the NAS D Board of Arbitration, brought in 10 the mediation process as a financial expert only, we can bring financial understanding, analysis. explanati on and trade-offs in resolving Ihe financial issues of your client. 3. Lessen stress and add comfort. understanding and seJf-woI1h to the divorcing client who has limited knowledge and expertise in managing their own assets. As a fee-only Registered Investment Advisory firm , we can offer a qualified financial plan and expert investment advisory services to them - always with your guiding hand in the background. Please call me at (847) 818-1521 or (800) 807-3243 to discuss how we can help you today. Charles A. Ferris, CFP® Charles A. Ferris and Associates 21 N. Wilke Road Arlington Height, IL 60005 January 2005 The Docket Page 19 Real Estate Committee Minutes December 1, 2004 by Leslie Klocek and Liz Rochford I ,I n Wednes day December 1, may have w ith the contrac t. be presenting a brown bag seminar on 2004, we held our LCBA Rea l Pl ease contact either Liz or Les lie Janu ary 13, 2005, th at w ill address th e O Estate Committee holiday prior to the meeting with any issues . bas ics of a rea l estate closing incl uding meeting at McCormi ck's in Lake Bl uff. Speaker th e form s and procedures for pre-cl os We met at 5:00 p.m. and the meeting ing, at cloS ing, and post clos in g. The was offi ciall y ca lled to order at 5:30 Our speaker w as Barry Wolfinsohn , program will be geared toward th e less p.m. Th e meeting was attended by Vice Pres ident and Reg ional Counse l experi enced real estate practitioner. LCBA Pres ident, Bernie Wysocki ; Rea l of th e Grea t Lakes Reg ion for Ti cor Title. Barry spoke on th e issues title The annual half-day seminar will be Estate Com m ittees co-chairs, Les li e held in March 2005 in Grays lake, th e Kl ocek, Li z Rochford ; and Committee compa nies and attorn eys are fa Cing committee to pl an the event is current Members and Rea l Estate Profess ionals, related to fraud. Statisti cs revea l th at 270,000 Americans are victimized by ly forming. Pl ease contact Leslie or Li z Ri ck Storey, Jennifer Mahoney, Vickie w ith topic or spea ker suggestion s. N. Coleman, Ronald Runkl e, Deborah fraud annually and noted that rea lity Lachman, Alicia Ibarra, Ken Suskin, tel evision has nothing on reality fr aud. The committee is also form ing for M arl on Suskin, Mark Chavin, Ri ck He discussed th e many types of fraud the Fall 2005 seminar trip. We are cur Lesser, Mike Boyd, Steve Martin, Larry including identity th eft , phone fraud, rently exploring sites for th e seminar. D es mond, Barry Wolfinsohn, Marn y credit ca rd fraud, mail fraud, in addi Sonoma Va ll ~y Californi a is currently Joy Abbott, and Caroline Boton. ti on to th e many types of fraud direc t being considered. If you are interested ly related to real estate transactions and have suggesti ons, please co ntact Real Estate updates are as follows: including apprai sal , RESPA, identity Leslie or Li z. The W ills, Trusts and 1. Increases in Lake Co unty and check frauds. Probate Committee has expressed some interest in making thi s a joint venture. Recording Fees effec tive Th e title compani es are becoming December 1, 2004 . increasingly aware and ca utious of * Th e (u ll texts o( articles or docu 2. Chicago Water Certi fications are these fraudulent transactions and ments cited may be obtained by con no longer required for condo warned that attorneys should also be ta cting Liz Rochford at erochfordat m iniums and town houses where increas ing ca reful. The title companies tY®Sbcglobal.net th e asso c iati o n has assumed are a great resource for attorneys who Th e future meeting schedule is as res ponsibility for th e water bill suspect fraud and need ass istance in follows: payments. confirming it, and in how to deal with it. Rick Storey of Chicago Title also January 5, 2004 - In-Law's in Gurnee 3. Th e Chicago Ba r Record's shared some hair-raisi ng incidents of Speaker: Shannon Ferguso n-Munns November issue featured an arti cle fraud th at he has encountered. In sum, of First Midwest Bank on "Tenancy by th e Entirety" for our own protection, and the protec Topi c: Reverse Mortgages which disc usses the history, current tion of our clients, we all need to have Significance of this form of own a heightened awareness of these fraud Th e meeting adjourned at 6:30 p.m. ership and how it may affect your related iss ues. We need to follow our cl ient's ownership of property.• Th e comm ittee is optimisti c that instincts when things don't seem ri ght parti cipation w ill continue to in crease. 4. Les li e and Liz have been asked to and alert title companies and poss ibly Pl ease forwa rd us any comments or join th e committee th at is cur th e lega l authorities if necessary. suggesti ons for topi cs, speakers or ren tl y reviewing the cu rr en t O ur sincere th anks to Barry for his future meetin g locations. Your input is multi board rea l es tate contract. interesting and inform ative, although crit ical to our success !!! They w ill be attending a meeting somewhat terrifying, presentation.' Les lie Kl ocek Lesl ieK [email protected] m on December 17, 2004 and are Continuing Business looking for an y input on any Liz Rochfo rd issues or concern s LCBA members Les lie Kl ocek and Li z Rochford w ill ecoch fordatt y@s bcg lobal.net hie I Year's l Y aIle II • To Spend More Quality of Life Time Without Compromising Client Service (via Counseled Video Closings TM) • To Improve Law Firm Productivity/Profitability (via ClientKeeper ™ software enhancements) • To Bring My Law Firm Into the World ofE-Commerce (via PNTN's Attorney Web Site Support Program and the region's only Attorney Centric Transaction Management Platform) • To Expand Upon New Client Procurement Methods (via the region's fastest growing Group Legal Plan) • To Support the Nation's Largest Bar Related® Title Group That Has Been Fighting UPL Battles On Behalf of the Real Property Bar for Over Half A Century To discover how PNTN can Protect and Promote your Law Firm's services, simply contact Suzanne Cronin at 773-238-7100. PRDFESSIONAL NATIONAL TITLE NETWORK, INC. CHICAGO' GLEN ELLYN' JOLIET' liNCOLNWOOD' OAK LAWN' OLYMPIA FIELDS' PALATINE • • • • • • • • • • • • • • • • • • • PNTN IS AN AGENT FOR THE FLORIOA FUND, THE NA TlON 'S LARGEST AND OLDEST BAR RELA TED'" TInE GROUP OPERA TlNG EXCLUSIVEL Y THROUGH LAW FIRM MEMBERS SINCE 1948 January 2005 The Docket Page 21 Family Law Minutes, Musings a commentary of November 17, 2004 [ by Thomas M. Gurewitz a/kla The Chair Next Meeting: Wednesday, additional copies of Orders; the Iy law bar in particu lar on December December 15, 2004 at Bertucci's thoughtful inquiries as to others per 15, 2004, at Bertucci's. I hope you can 6:00-7:00 p.m. Cocktails, Dinner 7:00- sonal concerns; a kind word after a join us in saying thanks as John moves ? Triple Treat: A. Family Law Meeting; particularly heated and obnoxious, er, on to other challenges. B. Family Law Holiday Party; C. difficult argument (some even before The flyers have gone out on the Retirement Dinner Honoring Deputy the Court). Perhaps, it's simply the composite photo. We need maximum John Ellis. multitude of pictures and scrapbooks participation to pull thi s project off! from Family Law events and people Please remember 'thi s will replace the here are few exceptional people placed at the deputy's station, making "big hair" photos of the 1979 picture - that take their occupation and it the family center for the Family Law and that's just the guys! Please return reshape it to make the job their bar. T the flyer to Amy at th e Bar or me in own. These people recognize that You won't find these duties listed in Court, my office, the racetrack, etc. employment goes beyond the mun the job description for a Lake County Please note that we want to have some dane tasks that every job entails and Sheriff Court Deputy. But they've been idea by December 1 st if we'll have fifty encompasses human values and a performed impeccably by John Ellis, willing participants. If so, the project meaning to life that makes it all worth who is retiring on December 7, 2004. is a go and we can push onward; if doing. John has redefined the position of not, I'll slink off to my cave, er office, It can be the air of quiet dignity that court deputy. He has helped organize to figure out other more crea tive ways stills the noise of a crowded courtroom the Court calls, calendar and the to annoy you. or the simple gesture of plaCing a Judge's available time while increasing The Illinois State Bar Family Law candy jar on the desk to encourage the level of civility and good humor in Update is December 10, 2004. It's a civility - while others (a hem) drone on an often tense environment. He has longstanding tradition that the Lake endlessly at boreseum (it's a word for been an integral part of our family. County Bar is well represented at this Scrabble) about Civility in their com We are honoring John's years of program - it's always educational and mentaries with little effect. commitment and service to the judi we usually meet for lunch in the Big You see the extra effort in obtaining cial system in general and to the fami- City (no, not Waukegan!. The program I wish I had known! Save yourself a headache and publish your Public (legal) Notices with PIONEER PRESS YOUR LOCAL SOURCE Call John Bieschke, Legal Advertising Manager (847) 486-7233 • [email protected] 3701 W. Lake Ave. • Glenview, IL 60026 Fax (847) 486-7456 (847) 486-9200 We can help with daily responsibilities. Life Management Ser-vices™ SERVING rDevelopmental Disabilities PERSONS L Mental Health Issues WITH Disabilities of Aging ADVOCACY GUARDIANSH I P TRUSTEESHIP Assisting people to maintain Court appointed substitute Designed to manage financial their independence. decision maker role designed resources for the benefit of to protect the person. persons with disabilities. 555 E. Butterfield Roa d, Suite 301 Lombard, IL 60 ]48 Voice, 631J-960-9700 Ext. 14S Ass'isting Decisions To Fa" 63U-960-9823 Improve Daily Living. ,. TDD, 630-960-9S49 Email: LM S@p a c tim! . n ~ t Wchsitc: WWW,IXICtinc, l1 c ( January 2005 The Docket Page 23 is in the ISBA News that just ca me out, (don't give Nicky any ideas) - so it 's the house to visit a party to the so give it a look see. time to prepare for another year of ... divorce, then I probably would not go bah, hum bug! to the house (without a witness) to The holiday season is in full force - interview the child. here's a list of important places and dates: January 7, 2005 - Evaluator's Meeting in C· 103 at 12:30 p.m. Please note that there's been a pro· December 1, 2004 - Photo com· posal for mandatory pro bono. Alan posite flyer due. Contact Mira make Hey, anybody know when Pearlman was kind enough to e-mail sure that you have fully paid for the Kwanzaa is this year? me the proposal. It will be discussed Mexico trip. Speaking of the Evaluators, we at th e December o r January ISBA December 3, 2004 . LCBA Holiday ended our last meeting with a rousing Meeting. Please contact me if you wish Party at the LCBA Office from 11:30 discussion of how the custodial evalu· to review the proposa l or if you have I' a.m. to 2:30 p.m. ation process is going and specifically, any thoughts regarding our involve what we can do regarding making the December 6, 2004 . Fred Foreman's ment in addressing this proposa l. evaluators and 604(b) reports more I! Swearing In at 3:00 p.m. in C·201 Dates that Judges are not in atten· meaningful. We decided it would be dance: December 9, 2004 - AWA Holiday an excellent topic to raise with th e Party at Joy Fitzgerald's house at 5:30 evaluators on January 7th. Judge Lessman: 12/ 24/04; 12/3 1/04 p.m. Joy has printed up directions and Judge Waller mentioned the revisit· Judge Neddenriep: 12/8/04- 12/10/04; I can send them on to you if you need ing of Bates - not the psycho, Norman, 12/24/04; 12/31/04 them. but just as scary - the Supreme Court Judge Wa ll er: 12/20/04- 12/31 /04 December 15, 2004 . Next Family view of the chi ld rep statute. The trick it Law Meeting, Family Law Holiday seems, is to not put yourself in a position Judge Winter: 12/2/04 p.m. · 12/3/04; Party, John Ellis' Retirement Dinner at to be ca lled as a witness. Judge Waller 1 2/23/04 - 12/24/04; 1 2/31/04 Bertucci 's. Cocktails from 6:00·7:00 indicated that she will continue to treat Have a Happy Hanukkah, Kwanzaa p.m., Dinner 7:00 p.m. the chi ld 's rep as an attorney represent· and/or Christmas and a Prosperous and December 1 S, 2004 . Return regis ing his side and, while you may infor Happy New Yea r. tration form for Mexico sem inar. mally argue your case at pre·trial, at trial you have to present formal evidence. December 21,2004· Winter Solstice Respectfully submitted, 12:42 U.T. Gary SchleSinger mentioned to me that he doesn't make house visits The Chair December 25, 2004 - Ch ri stmas all because he doesn't day unless children are w ith other want to put himself in spouse and then it 's noon - 9:00 p.m. the position of being a \t~~ I"~~ except, of cou rse, if the slug is late '-,".. \;:':-' ,"'" .<~~, witness. I suspect that ~l" ~;i ' .- which would ruin th e entire holiday th e test will be as Th ey • ~t ' and necessi tate a phone cal l to ace child's rep, at least for attorney either Sunday, December me, is would I do the 26th or Monday, December 27th with task or undertake the Alwa~~ Leave ' , the resulting surprise, anguish and rage action if I were doing it when told that nothing can be done to for a party rather than ~ ~. rectify last year's Christmas except to ~ ~>- . ATrail, j' the child' If I can enlighten the children as to what a jerk answer in the affirma the spouse is ... Sometimes tive, th en I would con they manage to slip right through January 1, 2005 - That's right, Zuzu, tinue to do the action, your fingers. That's when you need us. I'm still worth more dead than alive but if I would not go to Whether it's a missing witness, defendant, plaintiff, deadbeat parent - or anyone - we'll follow the trail wherever it leads. VAHL REPORTING We'll find who you're SERVICE looking for. If we don't, you don', pay. And we 30 YEARS EXPERIENCE can 't remember the lION. West Street last time we didn 't WaUkegan, illinois 60085 get paid. (847) 244·4117 LAKESIDE Conference Room Available ~ 800.636.1511 INVESTIGATIONS Real·nme ASCII Disk Videographer www.lakesideinvestigationscom Lic#117-001132 Page 24 The Docket January 2005 The Lake County Bar Association Rates Candidates for Associate Judge he Lake County Bar Assoc iation announces th e results of its membership survey, in which its members were asked to Trate cand idates for Associate Judge of the Nineteenth Judicia l Circuit. As part of the Association's political action resolution, ballots were mailed to all active members of th e Lake County Bar Association. Members were asked to rate only those ca ndidates of whom th ey had suffi cient knowledge to make an informed opinion. The Bar Association announces th e results for ca ndidates who were rated by at least 25 percent of the total number of respondents. Of th e 19 ca ndidates, 13 were rated by the required number of respondents. For each ca ndidate, the members were as ked to respond yes or no to seven questions regarding their qualificati ons for judi ci.a l office. Th e questions concerned voter's knowledge of the can didate's integri ty, impartiality, lega l abilities, temperament and court management ability. Th e membership was also as ked to indicate th eir belief as to whether each candidate meets acceptable requirements of the office. The complete res ults of the survey appear on the following pages. The Lake County Bar Association is a not-for-profit professional organization, concerned with th e betterment of th e legal profes sion, th e welfare of legal practitioners, and the promotion of justice in Lake County. Th e Association By-Laws do not provide for the making of endorsements regarding judicial ca ndidates or judicial re-appointments. Opinions expressed by individual mem bers of th e Lake County Bar Association do not constitute endorsements by the Association or by any committee thereof. Questions conce rning this survey should be directed to Michael Noonan, Chair, Judi ciary & Court Rul es Committee at (847) 244-0111 . 2 3 4 5 Voter's Yes 87 137 136 66 80 Knowledge No 172 122 122 194 179 Integrity Yes 86 128 11 7 62 73 No 3 15 7 6 Impartia lity Yes 82 120 87 53 70 No 5 11 45 15 9 Lega l Yes 62 11 5 107 50 57 Abilities No 24 16 27 17 2 Temperament Yes 79 125 99 62 70 No 8 7 35 5 9 Court Yes 76 121 11 0 60 66 Management No 10 10 16 7 13 Meets Yes 63 11 5 87 48 55 Requirements No 24 19 45 19 25 Key to Candidate 1. Michael Betar 3. M ike Mermel 5. Mark Peavey 2. Ch uck Johnso n 4. Jay Orlowski Total Ballots Counted: 263 January 2005 The Docket Page 25 6 7 8 9 10 Voter's Yes 165 132 152 178 152 Knowledge No 96 127 108 80 108 Integrity Yes 132 115 144 158 143 No 26 13 6 15 4 Impartiality Yes 118 93 128 139 141 No 42 36 22 34 7 Lega l Yes 11 6 103 129 132 137 Abilities No 46 27 21 41 11 ,] Temperament Yes 110 108 135 118 141 No 51 21 14 56 7 Court Yes 133 11 5 133 142 136 Management No 28 13 16 30 12 M eets Yes 106 96 126 110 135 Requirements No 58 36 24 64 15 Key to Candidate 6. Patrick QUilty 8. Peter Sch I ax 10. Bob Sm ith 7. Daniel Shanes 9. Perry Smith Total Ballots Counted: 263 11 12 13 Voter's Yes 168 1S2 192 Knowledge No 92 108 66 Integrity Yes 140 142 175 No 25 11 13 Impartiality Yes 105 126 160 No 60 26 27 Legal Yes 126 124 157 Abilities No 40 29 32 Temperament Yes 120 138 166 No 45 14 23 Court Yes 142 134 167 Management No 21 18 21 Meets Yes 105 119 154 Requirements No 63 35 36 Key to Candidate 11. George Strickland 13. Nancy Schuster Waites 12. Christopher St ride Total Ballots Counted: 263 Page 26 The Docket January 2005 STATE OF ILLINOIS SS COUNTY OF LAKE ADMINISTRATIVE ORDER NO. 04-21 NINETEENTH JUDICIAL CIRCUIT LAKE COUNTY ADMINISTRATIVE ORDER Whereas, pursuant to 730 ILCS 5/5-6-3.1, the Court shall impose upon a defendant placed on supervision, as a condition of supervision, a fee of $2S for each month of supervision ordered by the Court, unless after determining the inability of the person placed on supervision to pay the fee, the Court assesses a lesser fee. The fee shall only be imposed upon a defendant who is actively supervised by the Probation Department/Compliance Unit. Whereas, the Probation Department/Compliance Unit shal l, when ordered by the Court, actively supervise those defen dants placed on court supervision. Whereas, the length of time that the Probation Department/Compliance Unit generally supervises those defendants placed on supervision is two months. IT IS HEREBY ORDERED, pursuant to 730 ILCS S/5-6-3.1, that when ordered by the Court, all offenders where a disposi tion of court supervision is entered in the Circuit Court of the Nineteenth Judicial Circuit, Lake County, Illinois, shall actively be monitored by the Probation Officers/Compliance Officers with the Administrative Office of the Nineteenth Judicial Circuit, Lake County, Illinois as follows: a. Probation Officers/Compliance Officers shall obtain the offender's demographic information. b. Probation Officers/Compliance Officers shall monitor the offender's compliance or non-compliance with the co nditions of the court supervision. c. Probation Officers/Compliance Officers shall advise the Court when an offender is determined to be non-compliant with the terms of court supervision, and shall prepare a written report and file it with the Clerk of the Circuit Court of Lake County in the court file and a copy shall be delivered to the State's Attorney's Office. IT IS FURTHER ORDERED that offenders where a disposition of supervision has been entered shall be assessed a fee for each month of supervision ordered by the Court. The fee shall be set at a flat fee of $50 for two months of supervision unless after determining the inability of the person placed on supervision to pay the fee, the Court assesses a lower fee. The fee shall be paid to the Clerk of the Circuit Court of Lake County, together with any other fees ordered to be paid to that Office, and shall be depOSited in the Probation Service Fee Fund. This Administrative Order becomes effective February 1, 2005. DATED this 8th day of December, 2004. ENTER: CHRISTOPHER C. STARCK Chief Judge January 2005 The Docket Page 27 STATE OF ILLINOIS SS NINETEENTH JUDICIAL CIRCUIT ADMINISTRATIVE ORDER NO. 04-20 NINETEENTH JUDICIAL CIRCUIT LAKE COUNTY McHENRY COUNTY Administrative Order No. 04-02 is hereby amended in part. IT IS HEREBY ORDERED that subject to the authority of the Chief Judge, the Honorable Sharon L. Prather is appointed Presiding Judge in McHenry County. In her absence, Judge Michael J. Sullivan will act as Presiding Judge in McHenry County. The Honorable David M . Hall will act as Presiding Judge of the Civil Division in Lake County; the Honorable Victoria A. Rossetti will act as Presiding Judge of the Felony Division in Lake County; the Honorable Jane D. Waller will act as Presiding Judge of Family Division in Lake County; the Honorable Mary S. Schostok will act as Presiding Judge of the MisdemeanorfTraffic Division in Lake County; and the Honorable James K. Booras will act as Presiding ludge of the Juvenile Division. The Civi l Division in Lake County shall routinely hear the following types of cases: Arbitration (AR), Chancery (CH ), Eminent Domain (ED), Law (L), Law Magistrate (LM), MuniCipal Corporation (MC), Miscellaneous Remedy (MR), Probate (P), Small Claims (SC) and Tax (TX). The Felony Division in Lake County shall routinely hear the following types of cases: Contempt of Court (CC), Criminal Felony (CF), Miscellaneous Remedy (MR), Eavesdropping, Fugitive from Justice and Criminal Forfeitures. The Family Division in Lake County shall routinely hear the following types of cases: Adoption (AD), Dissolution (D), Family (F), Order of Protection (OP) and Mental Health (MH). The Juvenile Division in Lake County sha ll routinely hear the follOWing types of cases: Juvenile (J), Juvenile Abuse and Neglect DA), Juvenile Delinquency DD) The MisdemeanorfTraffic Division in Lake County shall routinely hear the following types of cases: Criminal Misdemeanor (CM), Conservation Violation (CV), Driving Under the Influence (DT), Order of Protection (OP), Ordinance Violation (OV) and Traffic Violation (TR). IT IS FURTHER ORDERED that the Presiding Judge in McHenry County or the Presiding Judge's deSignee shall call and impanel Grand and Petit Juries; administer the Judi cial Department of McHenry County; oversee the operation of Court Services; preside over expungement proceedings; assign judiCial duties to the Circuit and Associate Judges regularly assigned by the Chief Judge; administer the Court Reporting Services provided by the Judicial Department of McHenry County and assign court reporting se rvices duties to Court Reporting Services employees, including Official Court Reporters (OC R) and Electronic Recorder Operators (ERO), who have been aSSigned by the Chief Judge to serve the Judicial Department of McHenry County and such other duties as may be required for the proper administration of justice. The Presiding Judge may promul gate administrative orders within McHenry County not inconsistent with the Rules of Court or the Administrative Orders of the Chief Judge. All such Administrative Orders issued by the Presiding Judge in McHenry County shall be tendered to the Chief Judge ten (10) working days prior to their effective date during which time the Chief Judge may approve or withhold approval of the proposed Administrative Order. IT IS FURTHER ORDERED that the Presiding Judges of Lake County shal l assign judicial duties to the Circuit and Associate Judges regularly assigned by the Chief Judge and otherwise administer their respective divisions of the Judicial Department of Lake County. The Presiding Judge of the Felony Division or her designee shall call Grand Juries. The Presiding Judge of the Fel ony Division shall preside over expungement proceedings. Dated this 8th day of December, 2004. ENTER: CHRISTOPHER C. STARCK, Chief Judge Page 28 The Docket January 2005 LeBA Holiday Open House Thanks to All! Great fun and start to the Holiday Season! I ' January 2005 The Docket Page 29 LeBA Membership Appreciation Night Page 30 The Docket January 2005 Northwestern University Mock Trial Invitational Tournament January 15 and 16,2005 Lake County Courthouse n January 15 and 16, 2005, the Lake County Courtho use w ill be hosting th e Third Annual Northwestern Uni ve rsity Mock Tr ial inv itati ona l Tournament. Thirty-s ix tri al teams fro m almost twenty different coll eges w ill be attending this O four-round tournament. In each ro und, th ere w ill be eight een trials. Each tri al involves two teams and requires a minimum of two judges. O ne of th ese two judges will be the presiding judge and both judges will sco re th e students on a scale of one to ten for each opening statement, d irect examinati o n, cross-exam in ati on, closin g argument and witness ro le. The tri als w ill begin at 10:00 a.m . and 3:00 p.m . on Saturday and at 9:00 a. m. an 2:00 p.m. on Sunday. Eac h trial takes approximate ly two and a ha lf hours. Th ere w ill be judges' meetings a half hour pri or to each tri al, where th e mock tri al judges w ill be given a ll of th e information necessary to judge a mock tri al under th e Ame ri can Mock Tri al Associatio n rul es. In the past two years, the response in the Lake County and Cook County legal communities has been ex tremely enthusi asti c and supporti ve. Thank you to a ll who have volunteered in th e past, and th ank yo u in adva nce to those who wi ll vo lun teer this January. Volunteers are needed for Saturday at 3:00 p.m. and Sunday at 9:00 a.m. and 2:00 p.m. If you would like to volunteer to judge one or more trials, please contact Ari Fisz, Assistant State's Attorney, at 377-3066 or at [email protected] as soon as possible. The Professional Difference Litigation Support Group Service areas include: Business Valuations Divorce DAM, SNEll & TAVEIRNE, LTD. o o Certified Public Accountants o Forensic Accounting o Business Litigation o Fraud & Embezzlement o Business Interruption Accounting * Tax. * Consulting o Economic Damages o Bankruptcy o Estate & Gift Tax o Buy/sell Agreements Libertyville & Fox Lake o Shareholder Disputes o Employment Litigation Contact: Skip McCann CPA, CVA Joe Modica CPA, CVA, CMC "When we workwilh clients we strive 10 be accessible. 10 complete work (847) 367-4448 in a timely manner. and to provide the very highest level ofquality. This Professional Difference is what distinguishes our firm. " www.dstcpa.com January 2005 The Docket Page 31 AWAMeeting lease be advised that the Association of Women Attorney's of Lake County is meeting on January 5, 2005, at 12:00 p.m. at Potesta's Retaurant, located on GreenBay Road, between PWashington St. and Belvidere Road in Waukegan, Illinois. Our speaker is Judge Christopher Starck, the new Chief Judge of the 19th Judicial Circuit. He will be speaking about his plans for the upcoming year. For additional information, please contact Marjorie Sher at 847-249-2830. David J. Gordon, CFp·, CIMA, CMFC Senior Vice President - Investment Officer . Financial Planning • Retirement Planning DEPOSITION REPORTERS . Asset Management . Il"I'IIestment Strategies COURT REPORTEIIS P.O. Box 9275 800 323-8230 Ext. 4307 Waukegan, IL 60079 [email protected] (847) 356·6834 www.dgordon.wbsec.com Deborah L. Severson, eSR (847) 356·5374 FAX Salvi, Schostok & Pritchard P.C. is pleased to announce that Steven H. Leech has joined the Firm as an Associate. Mr. Leech will concentrate his practice in the areas of personal injury, wrongful death, medical malpractice and commercial litigation. Personal Injury • Wrongful Death • Medical Malpractice 218 N. MA.RTIN LUTHER KING JR. AVE. - WAUKEGAN, IL 60085 847-249-1227 RONE. 847-249-0138I www.salvilaw.com Page 32 The Docket January 2005 Recent Lake County Verdict Plaintiff: Jesus Arias Defendant: Dana Brawerman Case Number: 03 L 251 Trial ludge: Judge Henry Ton igan Trial Dates: November 8- 10, 2004 Plaintiff's Attorney: Lawrence T. Ruder Ruder & Associates Chicago, IL Defendant's Attorney: Stephen G. Loverd e Law Office of Chri stine W. Tennon, Waukegan, IL Last Demand: $65,000.00 down from $80,000.00 Last Offer: $40,000.00 Asked at Trial: $87,374 .15 Injuries: Multiple blunt trauma contusions to ribs, chest and abdomen; laceration to forehead; scaphoid/nav icular fracture to left wri st. Nature of Case: Defendant, a Libertyville High School student, pulled out of a priva te driveway onto Route 137 into th e path of Plaintiff's ca r. Th e impact ca used the Defendant's Jeep Cherokee to be knocked over on its right side. Th e front of Plai ntiff's Chevrolet Cava lier was demolished. Defense admitted negligence. Th e Plaintiff was removed by ambulance and hospitalized at Condell Medi ca l Cen ter for three days. Th e Plaintiff was hospitalized in the telemetry unit and was given a ba tt ery of tests including x- rays and CT scans. His ca rdi ac condition was being monitored close ly. He had a variety of blunt trauma complaints as well as laceration to his fo rehead. He was also complai ning of left wrist pain. Upon discharge, he received physica l therapy presc ribed by his internist, Dr. Manfred Mann. Beca use of ongoing wrist complaints, Dr. Mann referred him to Dr. Joseph Meis, who diagnosed a fracture in the w ri st after performing a bone scan. The left wrist was placed in a cast for a month . Th ereafter, he continued to see Dr. Meis through the fall of 2004. He has occupational th erapy as well as phys ica l th erapy. Dr. Meid testified at trial th at Plaintiff's left w ri st problems are permanent according to a recent MRI. At the conclusion of Plaintiff's case, Pl aintiff's attorney presented a directed verdict motion on th e issue of proximate ca use. Judge Tonigan granted the motion. Verdict: For Plaintiff: $33,438.15 (Medical: $22,146.15; W/L: 2,292.00; Past pai n & sufferin g: $9,000; Future pain & suffering: $0; Past disability: $0; Future disab ility: $0) Plaintiff: Jose Rosa les Defendant: Jose Diaz Case Number: 02 AR 2178 Trial ludge: Judge Raymond McKoski Trial Dates: November 29, 2004 Plaintiff's Attorney: James J. DeSanto Libertyville, IL Defendant's Attorney: Stephen G. Loverde Law Office of Christine W. Tennon, Waukegan, IL last Demand: $16,000.00 January 2005 The Docket Page 33 last Offer: $9,000.00 Asked at Trial: $38,778.19 Injuries: Cervical strain, dizziness, verti go, nausea and radiating pain into left shoulder down the arm. Nature of Case: The Defendant rear-ended Plaintiff's Chevrolet Astrovan. Defendant was driving a Grand AM. The Plaintiff was the front-seat passenger in the van being driven by his wife, Maria. Defendant testifi ed his speed was 25-30 mph at impact. Defendant admitted negligence. Plaintiff was removed by ambulance and taken to St. Therese Hospital emergency room. Defense contended that Plaintiff was not injured to the extent alleged. Verdict: For Plaintiff: $8,778.19 (Medical: $4,450.57; W/l: $2,327.62; loss of normal life: $0; Pain & suffering: $2,000.00 Plaintiff: Paul Johnson Defendant: Bon ita Alpert Case Number: 02 AR 1007 Trial ludge: Judge Stephen Walter Trial Dates: November 15-16, 2004 Plaintiff's Attorney: Anthony Todd Schneider Roady, Power, Leahy, Zima & Gifford, Ltd. Chicago, IL Defendant's Attorney: Stephen G. Loverde Law Office of Christine W. Tennon, Waukegan, IL last Demand: $65,000.00 down from $80,000.00 Last Offer: $4,250.00 Asked at Trial: Approximately $125,000.00 Injuries: Neck sprain, migraine headaches, post-concussion syndrome, visual problems including photopho bia and blind spots. Nature of Case: The Defendant was fleeing the Shell station, at the intersection of Routes 45 and 120 in Grayslake, after filling her car up with gasoline. She did not pay for the gasoline. She t-boned the Plaintiff's northbound car causing that car to be propelled across to the shoulder on the opposite side of th e street. The Defendant then fled th e scene. Defendant is a transient who resides in some unknown location in Florida. Defense admitted negligence and the "stolen gas story" was not told to the jury. The Defendant was not prese" t at the trial. The Plaintiff claimed he lost consciousness at the scene from striking his head against th e side window. The Grayslake Police arrived and the officer noted "no injury" at scene. Plaintiff left the scene to go to his job at Rockenbach Chevrolet. He arrived and soon thereafter left complaining of various injuries. Plaintiff went to St. Alexius Hospital emer gency room the next day. He also saw neurologist, Dr. Bess Chang, who diagnosed the various injuries. Defense contended that Plaintiff was not injured. Verdict: Ve rdi ct for Defendant - Not guilty. Plaintiff: Antonia Waspi, Special Administrator of th e Estate of Cecilia Abruzzo, Deceased Defendants: Condell Medical Center and Grant Stover, M.D. Case Number: 01 L 577 Trial ludge: Goshgarian Trial Dates: May 7, 2004 Page 34 The Docket January 2005 Plaintiff's Attorney: Donald J. Morrison, Sr. and Donald J. Morrison, Jr. Morrison & Morrison Waukegan, IL Defendant's Attorney: (For Condell Medical Center) Michael F. Henrick and Stacey L. Seneczko Hinshaw & Culbertson LLP, Waukegan, IL (For Dr. Grant Stover) Marc F. Benjoya and Tami Reding-Brubaker Cassiday, Schade & Glbor, Waukegan, IL .last Demand: $2,000,000.00 last Offer: None Asked at Trial: $900,000.00 for wrongful dea th claim (decedent left six adult children) and "several million" for surviva l acti on. Nature of Case: Plaintiff, while at home on July 17, 2000 (at approximately 8:00 a.m.) went outside on her patio to "check th e weather" and alleged ly fell to th e ground on her concrete patio and was unable to get up. According to family members, Plaintiff-decedent was on th e ground for approximately 8 hours with out any food or water. Plaintiff-decedent's son- in-law arrived home (daughter and son-in-law lived next door to Plai ntiff-decedent) and noticed th e Plaintiff-decedent on the ground. Subsequently, Plaintiff-decedent's daughter, Antonia Wasp i, arrived home and drove her mother to Condell Medical Center where she received treatment from the Co-defendant, Dr. Grant Stover. Dr. Stover treated the Plaintiff-decedent for the abrasion she sustained on th e bridge of her nose during the fall, took x-rays and released the patient to rest at home. In the early morning hours of July 18, 2000, the Plaintiff decedent suffered a myocardial infarction. Plaintiff-decedent was brought by ambulance to th e Conde II Medial Center where she was hospitalized and remained there until the time of her death on August 6, 2000. I Defense contended that when Plaintiff presented to the Condell Medical Center Emergency Room on I' July 17, 2000, she was w ithout any symptoms of dehydration. Defense contends the cause of Plaintiff-decedent 's death was myocardial infarction, which caused multiple organs to fail. Plaintiff maintained the multi-sys tem organ failure was caused by dehydration. Verdict: Not guilty as to both defendants. Plaintiff: Ke lly Kramer Defendant: Eric N. Thornburg Case Number: 02 L 461 Trial ludge: Hon. Stephen Walter Trial Dates: April 17, 2003 Plaintiff's Attorney: Timothy M. Whiting Whiting Law Group, Ltd. Defendant's Attorney: Scott Moyne Johnson & Bell Injuries: Left shoulder subluxa tion and instability Specials: Doctor bills: $29,286.25; lost income: $10,000.00 Date of Occurrence: June 21 , 2000 Nature of Case: Plaintiff's Chevy Blazer coll ided with the defendant's van when the defednant made an improper left hand turn in her lane of traffic. Plaintiff was immediately taken to the emergency room and subse quently developed left shou lder sublixation and instability requiring surgery. Although she eventually recovered from her injury, she is left with permanent loss of fun ction, strength and mobility in her left shoulder. At th e time of the collision, plaintiff was a nurse's aide and she was unable to January 2005 The Docket Page 35 return to work in th at capa city. Although pl aintiff was unable to continue to be a nurse's aide, she was abl e to find employment for equal or greater wages, preventing pl aintiff from making a future loss wage claim . Th e defense contended th at plaintiff had pre-existing instability in her left sho ulder. The parti es reached a settl ement agreement one month prior to tri al. 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Liberl)'l'ille 847.247.10/ 9 (JPlJOinll/lnll.~ availaUe www.Juited-to-wm.C/1nt Page 36 The Docket January 2005 Bar Bulletin Board For Rent - Lower level office space across street from Lake ably in the civil practice of law. Elegant, well main County Courthouse consisting of 4 offices and 2 secretarial tained, large law library/conference room; reception stations. Can be divided. Reasonable rent. Call Diane at area; possible secretarial station available; phone system 847-244-0770. can accommodate; as well as fax and high tech copier. On site parking space negotiable. 325 Washington • • • • • • • • • • • • • • • • • • • • • • Street, 4th Floor, Waukegan. Contact AI Wysocki or Downtown Waukegan - across from Courthouse 400-2000 Denise at 847-244-3030. square feet. Janitorial provided. Reserved parking. Well maintained. Space available at 33 N. County and 325 • • • • • • • • • • • • • • • • • • • • • • Washngton. Please call Ron Pollack at 847-482-0952. Part-time Legal Secretary - Established, mid-sized, A.v. • • • • • • • • • • • • • • • • • • • • • • rated Chicago-based law firm representing municipali Prestige Office Space - 5 room suite, first floor. Ideal for four titS in Cook and collar Counties seeks legal secretary to lawyers. Four 'private offices, large secretarial room, recep work Mon., Tues., & Fri., 9-5 p.m., in their Lake County office handling prosecution maners. Qualified candi- tion area. Private washrooms, deposition/file. room. date will job share and must be reliable, efficient, and Employee lunchroom, private parking. Use of library includ detail-oriented. Phone responsibilities and proficiency ed. One block west of courthouse. Call 847-244-2660. in data entry required. Please send your resume to: • • • • • • • • • • • • • • • • • • • • • • • Established law firm - has office space available in Carol Donovan Waukegan. Close to courthouse. Please call 847-244-4636. 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More than 14 million recorded documents are available to you at your fingertips as well as tax information for 2.7 million parcels of land. o Lender Market Share Reports. Comprehensive data on most lenders in Cook, DuPage, Lake and McHenry counties. Learn who is making mortgage loans in your area o Flood Certifications. Basic or Life of Loan Certifications for the six-county Chicagoland area. 21 51 Cemu", Technology from Chicasolancl's Oldest Title Insurance Aseney www.matc.com Arlington Hts. 2015 5. Arlington Hts. Rd. 847-640·6600 • Chicago Loop II I W Washington SI. 312-853-1191 Chicago North 4708 N. Milwaukee Ave. 773-794-1888 • Crystal Lake 149 N. Virginia 51. 815-455-2500· Homewood 900 Ridge Rd . 708·957·7888 Ubertyville 1641 N. Milwaukee Ave. 847-367·4400' Palos Hills 9800 S. Roberts Rd . 708-598-6500 • Waukegan 222 N. County SI. 847-249-1200 ' Wheaton 373 S. County Farm Rd . 630-690-9500 LCBA CALENDAR OF EVENTS January 2005 1 New Year's Day 17 Martin Luther King, Jr. Birthday 4 Family Law Planning Meeting 18 AWA Board Meeting 5 Real Estate Committee Meeting 19 Family Law Committee Meeting 5 AWA Meeting 20 Executive Board Meeting 6 LCBA Long Range Planning Meeting 20 Civil Trial & Appeal Committee Meeting 10 Local Government Brown Bag 24 Nominating Committee Meeting 11 Member Services Committee Meeting 25 Monthly Business Meeting Wills, Trust & Probate Committee Meeting 26 Mentor Training 12 Legal Aid Committee Meeting 27 Criminal Trial & Appeal Committee Meeting 13 Real Estate Brown Bag 28 Preliminary Gridiron Meeting LAKE COUNTY BAR ASSOCIATION NON·PROF IT 7 N. County Street u.s. POSTAGE PAID Waukega n, IL 60085 Mailed From Zip Code 6003 1 Permit No. 356