Two brothers walk into a bar association.... An interview with Justice Robert Thomas & Professor Rick Thomas Professionalism, communication, one brother’s days with the Chicago Bears, and why DCBA is spending an evening at the other brother’s alma Volume 29, Issue 2 mater, The Second City in Chicago October 2016 The Journal of the DuPage County Bar Association www.dcbabrief.org Volume 29, Issue 2 October 2016 Table of Contents Enjoying Happy Hour at Granite City: Megan Lafata, Matthew Custardo, James L. Ryan Amalia Romano, Anthony Pasquini, Robert Steele, Brittney Steele. Editor-in-Chief Join us at Weber Grill on September 15. News Azam Nizamuddin Associate Editor 3 Editor’s Message Events Editorial Board Anthony Abear 33 I nBrief Terrence Benshoof 5 President’s Message - By Terrence Benshoof Annette K. Corrigan Brian M. Dougherty 34 Two Brothers Walk into the Bar Dexter J. Evans Association: An Interview with Peter J. Evans Justice Robert Thomas and Lawrence J. Gregory Raleigh D. Kalbfleisch Articles Professor Rick Thomas Timothy J. Klein - By Ted A. Donner Christopher J. Maurer 8 Motions for Summary Affirmance in the Seventh Circuit James F. McCluskey - By Ronald D. Menna, Jr. 40 The Keith E. Roberts, Sr. Trial Sean McCumber Advocacy Program Is Back Christine McTigue 12 Post Loss Assignment Of Insurance Claims: - By Dexter J. Evans Steven D. Mroczkowski Jane E. Nagle A Misunderstood Practice Gaining Traction In Illinois 40 DCBA to Celebrate Volunteer Week John J. Pcolinski, Jr. - By Daniel C. Fabbri Jay M. Reese 41 DCBA Update Arthur W. Rummler Jordan M. Sartell 16 If the (International) Shoe Fits – - By Robert Rupp David N. Schaffer Jurisdiction Issues in Family Law Cases Michael R. Sitrick 43 Legal Aid Update - By Christine Olson McTigue Eric R. Waltmire - By Cecilia Najera 24 Illinois Law Update Jacki Hamler - By Brian Dougherty 45 ISBA Update DCBA Liaison/Advertising - By Kent A. Gaertner Ross Creative Works 46 Classifieds Graphic Design 27 Special Section: DuPage Bar Kelmscott Communications Foundation Annual Report 47 Where to Be in October Printing - By Sean McCumber Cover Photo Illustration created by Ted A. Donner ©2016 DCBA Brief October 2016 1 AD here From the Editor Sweet Home Chicago By James L. Ryan This year’s President’s Trip will take place on “nonsensical claims of that windy city.” Mr. Jim Ryan is an associate at the October 20-21, 2016, in downtown Chicago, Dana’s name for Chicago stuck, but his point law firm of Roberts & Caruso and will feature events at the Seventh Circuit didn’t. Chicago was awarded the Columbian in Wheaton. He focuses his Court of Appeals, the Second City Mainstage, Exposition. practice primarily on contested probate, business litigation, and and the famed blues hall Kingston Mines. A construction law. Jim serves as preview of the trip and a Schedule of Events I’m reminded of Mr. Dana’s words because a member of the DuPage County are included in this issue. election season has arrived and all of the Bar Association’s Civil Law & promises that come with it. This year, we’ve Practice Committee, Business On the cover of this month’s issue, we cele- seen many great people run for elective Law Committee and Estate brate two DuPage County brothers, Professor office, and we’ve heard a great many opinions Planning Committee. He is also Rick Thomas and Justice Robert Thomas, about those running for elective office as well. a member of the federal trial bar. and the contributions that each has made to It seems like every election cycle, I am asked the great cultural institutions of Chicago - by friends and family about the local Judge’s Rick Thomas as an actor at the Second City races. Perhaps, it is because they recog- Theatre and Robert Thomas as a kicker for nize that lawyers have the unique ability to the Chicago Bears - before launching their evaluate candidates to the judiciary. DCBA careers in public service. Inside, we feature evaluates candidates through its judiciary a conversation with DCBA President Ted committee and through a joint poll that the Donner and the Thomas brothers covering a DCBA conducts with the ISBA. The results of wide range of topics. the joint ISBA/DCBA poll of judicial candi- dates will be available on the DCBA website Chicago’s most famous nickname may very once completed. well be “The Windy City.” I’ve lost count on the number of times I’ve heard out-of-towners The DCBA President’s Trip begins with a CLE and even some locals insist that Chicago was event at the Seventh Circuit, during which the nicknamed The Windy City because of the Seventh Circuit Justices will hear arguments chilly breeze off Lake Michigan that seem- on pending cases and then deliberate in the ingly catches the entire city by surprise ev- presence of the attendees. To help familiarize ery winter. Not so. According to the Chicago those of us who are not accustomed to practic- Historical Society, the phrase “Windy City” ing before the Seventh Circuit, Ron Menna was first used to describe Chicago by colum- leads off the Articles section with an excellent nist Charles Dana from the New York Sun. piece on Motions for Summary Affirmance In an editorial advocating for New York’s bid in the Seventh Circuit. We also have articles for the 1893 World’s Columbian Exposition, by Daniel Fabbri covering the assignment Mr. Dana complained about the promises of insurance claims and Christine McTigue made by Chicago politicians in Chicago’s bid covering jurisdictional issues in family courts. for the exposition. Mr. Dana concluded his Brian Dougherty edited our monthly case editorial by imploring the exposition law updates and gave them an employment authorities not to get fooled by the law theme. Please enjoy! DCBA Brief October 2016 3 President’s Message The Role of the Bar in Ensuring the Election of a Qualified and Independent Judiciary By Ted A. Donner Candidates for judge are subject to electoral we must have at least some insight into who whim far more often than they should be.1 among them would be best suited for the job.4 Ted A. Donner is the President In an election year marked by as much voter of the DuPage County Bar apathy as this one appears to promise, however, Not to cue “Old Glory” too early in this Association. The owner of Donner things could get even worse.2 What should be column, but that is an expectation we should & Company Law Offices LLC in Wheaton, Illinois, his practice a carefully reasoned decision by the electorate try to live up to. It’s been said, repeatedly, after is concentrated in commercial could prove something of a crap shoot, which all that, “[a]s members of the legal profession, litigation and transactional work makes it particularly important that those we serve as the guardians and caretakers of for small business. Recognized who do vote have at least some understanding the American justice system. Our responsibil- as DCBA’s Lawyer of the Year in about who they are voting for. ities include improving public understanding 2011, he has been AV-Rated and of the justice system and sustaining public recognized by Super Lawyers in More informed voters are more likely to confidence in it.”5 each of the last ten years. He is actually vote, after all. As the Pew Research an Adjunct Professor with Loyola University Chicago School of Law Center concluded in 2006, “[p]olitical knowl- As a profession, we have sought to satisfy that and the author of two treatises edge is key. Six-in-ten ‘intermittent’ voters responsibility through the creation of such for Thomson Reuters (West), say they sometimes don’t know enough about groups as the American Judicature Society including Jury Selection: Strategy candidates to vote compared with 44% of (which studied the ways in which judges were & Science and Attorneys Practice ‘regular’ voters, the single most important elected or selected for over 100 years)6 and the Guide to Negotiations. attitudinal difference between ‘intermittent’ Informed Voters Project (which encourages and ‘regular’ voters identified in the survey.”3 members of “voluntary bar organizations to People are simply more likely to vote if they become involved as... educators regarding our have at least some working knowledge of what courts).”7 Here in DuPage County, our bar they’re doing. That makes those who can help has sought to improve public understanding them gain such an understanding, like lawyers through the work of our Public Interest and in judicial elections, particularly important in Education Commission (a topic for another elections like this one. day) and the work of our Judiciary Committee. Lawyers don’t just compare notes with each Our Judiciary Committee is composed of other, after all. We are asked by our families, lawyers dedicated to providing appropriate and our friends, our neighbors and our clients, who informative rankings for judicial candidates to vote for. We are asked because of an obvi- to the court and to the public, after ous and pervasive expectation that, because exhaustively interviewing references, review- we work alongside those running for judge, ing credentials, (Continued on page 6) 1. See, e.g. Stewart, O’Reilly? Irish Name Continues in Cook County Judicial Elections, Chicago Daily Observer (December 17, 2015) (“It is correct, quite literally, that many Cook County judges are conceived, not made or elected. The path to the bench begins in the womb, when the XX chromosomes prevail 4. See, e.g. Illinois State Bar Association, Judicial Evaluations: How It Works, over the XY chromosomes, and a female baby is born.