THE DOCKETThe Official Publication of the Lake County Bar Association • Vol. 27 No. 5 • May 2020 TRIVIA NIGHT ORGANIZED BY THE YOUNG AND NEW LAWYER’S COMMITTEE! CONFERENCE ROOM For meetings only. Seats 16 – 20 comfortably During business hours (8 am – 5 pm) • Member- Free • Non-Member $150/1st hour. $50/hour after • Non-Member, Not-for-Profit: $25/hour After Hours (5 pm – 9 pm) • Member - $25 per hour • Non-Member – Not Available 2020 LCBA OFFICE • Non-Member, Not-for-Profit: $50 per hour MEMBER CENTER “The Bar” RENTAL PRICING Accommodates up to 100 people During business hours (8 am – 5 pm) Members (add $25/hour for after hour events) • Meeting only (individual or group, no food or beverages served: Free • Self-Service reception or party (provide own alcoholic beverages): $50 per hour • Hosted beer & wine reception or party (beer & wine provided by Association): $250/ 1st hour, $50/hour after Non-Members: (add $50/hour for after hour events) • Meeting only (individual or group, no food or beverages served): $50 per hour • Self-Service reception or party (provide own alcoholic beverages and food): $300/ 1st hour, $50/hour after • Hosted beer & wine reception or party – Not Available Non-Member, Not-for-Profit: (add $25/hour for after hour events) • Meeting only (individual or group, no food or beverages served): $25 per hour • Self-Service reception or party (provide own alcoholic beverages and food): $150/1st hour, $25/hour after • Hosted beer & wine reception or party – Not Available Association Committee Meetings (Conference Room or Member Center) Without beer & Wine - Free With Hosted Beer & Wine - $150 flat fee (for 5 – 15 people), $200 (over 15 people) Room rentals are based on availability. Rentals include use of A/V already in room (phone, TV, Speaker. WIFI). All rentals include free parking in our large, well-lit, 45 vehicle parking lot adjacent to the LCBA building. Contact the LCBA Office at 847-244-3143 or [email protected] Contents THE DOCKET • Vol. 27, No. 5 • May 2020 FEATURES 10 Monthly Case Report 16 People v. Eubanks: 28 The Meeting Minutes Reminder that DUI Blood February 20, 2020 and Urine Tests are only BY TARA R. DEVINE, SECRETARY Allowed with a Warrant, 30 In the Director’s Chair Consent, or Exigent As we Wrap up this Year Circumstances Despite BY DALE PERRIN, Section 11-501.2(c)(2) of EXECUTIVE DIRECTOR A publication of the the Illinois Vehicle Code BY RUTH LOFTHOUSE LCBA EVENTS 20 Second District Affirms IFC 2019 LCBA Office Nineteenth Judicial Rental Pricing Circuit’s Interpretation of 9 New LCBA Members HIPAA Qualified Protective 29 Lawyer Referral Service 300 Grand Avenue, Suite A Orders. 32 Monthly Committee Waukegan, Illinois 60085 BY BETH PRAGER (847) 244-3143 • Fax: (847) 244-8259 Meetings www.lakebar.org • [email protected] 24 Executive Summary: BC Member Reception THE DOCKET EDITORIAL COMMITTEE April 15 LCBA Survey Jeffrey A. Berman,Co-Editor Hon. Charles D. Johnson,Co-Editor Results Jennifer C. Beeler BY STEPHEN RICE Hon. Michael J. Fusz Hon. Daniel L. Jasica Sarah A. Kahn COLUMNS Kevin K. McCormick Hon. Raymond J. McKoski 2 President’s Page Tracy M. Poulakidas Stephen J. Rice Thank You Neal A. Simon BY STEPHEN J. RICE, PRESIDENT Hon. James K. Simonian Rebecca J. Whitcombe 6 The Chief Judge’s Page Alex Zagor Courthouse Updates STAFF Dale Perrin BY CHIEF JUDGE DIANE WINTER Executive Director Jose Gonzalez 8 Bar Foundation Membership Coordinator Times are Changing Katherine Montemayor BY NICHOLAS A. RIEWER, Office Manager PRESIDENT AD ONE 6 12 SIZE ISSUE ISSUES ISSUES Advertising Rates 1/8 Page $85 $80 $75 To place an ad or for information on advertising Reproduction in whole or part without permis- 1/4 Page $145 $135 $125 rates, call (847) 244-3143. Submission deadline: sion is prohibited. The opinions and positions 1/2 Page $195 $185 $175 first day of month preceding the month of publi- stated in signed material are those of the au- cation. All submissions must be made in electron- thors and not necessarily those of the Associa- Full Page $325 $295 $275 ic format (high resolution PDF or JPG format at tion or its members. Inside Front or Inside Back Cover $650 per issue a resolution of 300 pixels per inch or more.) See Back Cover $800 per issue www.lakebar.org/page/Docket_Advertising All submitted manuscripts are considered by the Editorial Board. All letters to the editor and Classified Advertising The Docket is the official publication of the Lake articles are subject to editing. Publications of Standard $1.75 per word (Rate for LCBA Members) County Bar Association, 300 Grand Avenue, advertisements is not to be considered as an Text $2.75 per word (Rate for Non-Members) Suite A, Waukegan, Illinois 60085 (847) 244- endorsement of any product or service adver- Bold $3.50 per word (Rate for LCBA Members) 3143, and is published monthly. Subscriptions tised unless otherwise stated. Text $4.50 per word (Rate for Non-Members) for non-members are $45.00 per year. Classified Advertisement may contain as many words, numbers, symbols and boldface type. The President’s Thank You Page BY STEPHEN J. RICE PRESIDENT y Presidency began and it ends with the Coro- with a Young navirus. You’re welcome, MLawyer’s Event Lake County! at which the participants Certainly every PR firm (myself included) contract- in the world would advise ed the Cyclospora parasite, me against starting my last President’s Page with a reminder of the difficulties that befell us this past year. But the Young Lawyer’s Event last June is a fitting place to start a lookback at Sarah Raich organized and emceed the June Young Lawyer’s Event, at which a panel of judges gave advice and took questions. this LCBA year. That event saw a terrific crowd of well 2019-2020 OFFICERS over 60 people gather for & DIRECTORS networking and learning, Stephen J. Rice just a week after 160 mem- President bers gathered at our instal- Hon. Patricia L. Cornell First Vice President lation dinner. #WeAreLCBA The affirmed (mostly!) and the affirm’ers. Joseph M. Fusz In July we hosted our Second Vice President second-ever Appellate Kathleen Curtin Justices Reception. We Treasurer used the event to show- Tara R. Devine case both our new crimi- Secretary nal courts tower and our Brian J. Lewis Immediate Past President still-new LCBA building. Hon. Christen L. Bishop We were honored to have Katharine S. Hatch the presence of every Sec- David R. Del Re ond District Justice except Thomas A. Pasquesi Dwayne Douglas one, who was out of town Daniel Hodgkinson at the time. Pat Salvi after his Anatomy of a Trial presentation. July and August saw the 2 The Docket kickoff of our free Anato- recently lost. Temporarily. my of a Trial series, with For many of us, January inaugural presentations and February were con- by Chief Deputy ASA Jeff sumed with preparing and Pavletic, who spoke about then performing the 2020 openings, and Pat Salvi, Gridiron. Aside from the who addressed closings. new friendships and en- Two higher-caliber speakers tertainment that this show Illinois Attorney General Kwame Raoul on these topics could not supplies, the 2020 Grid- be found. The Anatomy iron was also important to series continued through- undergird our Association’s out the fall with equally non-dues revenue. That is outstanding CLEs about revenue we constantly strive trial practice. All took place to build, and it makes up in our court’s beautiful new about half of the Associa- ceremonial courtroom. tion’s budget. LCBA/F members at the October Waukegan to College Gala. October saw three The inflection point I events of special note: first, foreshadowed above came we hosted Illinois Attorney to pass right around our General Kwame Raoul at March 11 doctor-lawyer our initial fall luncheon. For dinner—a curious coin- this I thank John Joanem, cidence. About 40 people whose friendship with the attended the dinner, and AG provided us entrée. Sec- the attendees were about ond, a group of over 16 peo- half doctors, half lawyers. ple attended the Waukegan Shortly before the event, to College Gala at Glen we discussed—also with Flora, as part of our Lake the doctors—whether the Fuqua Winter celebrates 100 years! County Bar Foundation’s dinner should be cancelled. ongoing support of that The decision—and this organization. (Currently, 13 shows what a time-warp we LCBF members are men- have entered since March toring W2C students in an 11—was to proceed. Dr. oratory contest that seeks Mendoza Temple gave an- to help the students avoid other fascinating presenta- the “summer slump” that all tion on marijuana (she had students go through, and spoken at the same dinner may be particularly acute five years earlier). Just two this year.) Finally, Fuqua days later, Governor Pritz- Winter used our LCBA ker prohibited gatherings Member Center to celebrate of more than 1,000 people; The holiday party, which current circumstances its 100th Anniversary as a shortly thereafter he closed make seem like a long-ago era in human history. firm. That is a firm that has schools; the rest is not survived several pandemics! history, but rather current December provided events as I write this. As one an inflection point that bookstore meme humor- we could not yet appreci- ously put it: “the post-apoc- ate: well over 100 people alyptical fiction section packed tightly into the has been moved to Current LCBA office to celebrate Affairs.” the holidays. Were it not In this new era of rapid for current circumstances, technological adoption, I this annual event would first “RiceChatted” with you not be noteworthy.