THE November 2009 DOCKETVol.16, No.11 The Official Publication of the Lake County Bar Association Domestic Violence Criminal Law Issue Inside this issue... In the Director’s Chair: Criminal Law Committee 2 by Christopher Boadt, Executive Director The President’s Page: The Holiday Season and Charitable Hearts 3 by Scott B. Gibson The Chief Judge’s Page 5 by Chief Judge James K. Booras A publication of the Domesitc Violence and Sexual Assault Cases 9 by Scott B. Gibson An Overview: Lake County Domestic Violence Court 13 by Steve McCollum Domestic Violence Panel: Practical & Ethical Considerations 19 in a Domestic Violence Prosecution 300 Grand Avenue, Suite A by Keith Grant Waukegan, Illinois 60085 Phone: (847) 244-3143 Victims of Domestic Violence as Witnessed Firsthand in a Hospital Fax: (847) 244-8259 21 by Carol Hamilton www.lakebar.org [email protected] 2009 Caselaw Update 23 by Keith Grant 2009-2010 Officers & Directors Scott B. Gibson, President Are You My Lawyer? Negotiating the Perils of Pro Se, Stand-by Elizabeth M. Rochford, First Vice-President 29 & Hybrid Representation Perry S. Smith, Jr., Second Vice-President by Keith Grant Kevin M. Kane, Treasurer Marjorie I. Sher, Secretary Criminal Law Seminar Bryan R. Winter, Immediate Past President 33 by Jim Simonian Hon. Valerie B. Ceckowski Hon. Fred L. Foreman Joann M. Fratianni 33 The Grapevine Thomas M. Gurewitz Steven P.McCollum Meeting Minutes Michael J. Ori 34 July 16, 2009 by Marjorie Sher, Secretary Editorial Board Michael S. Strauss, Co-editor Rebecca J. Whitcombe, Co-editor LCBA Bulletin Board & Calendar 36 Ann Buche Conroy Hon. Mitchell Hoffman Daniel L. Jasica Advertisers Hon. Raymond J. McKoski Stephen J. Rice Back Attorney’s Title Guaranty Fund, Inc. 4 Lake Effect Development, LLC Neal A. Simon 8 Centegra Health System 16 Lakeside Investigations James K. Simonian 7 David L. Gates & Associates Front McDonald Hopkins LLC Hon. Daniel B. Shanes Neil H. Good 7 Deposition Reporters 16 Hon. Stephen Walter (ret.) 17 Gibson & Associates, Ltd. 15 Professional National Title Network, Inc. 32 ISBA Mutual 7 Wells Fargo Advisors Staff 10 Joseph Modica & Associates, Ltd. 12 Vahl Reporting Service Christopher T. Boadt, Executive Director 10 L & L Reporting Services, Inc. 2 The Docket November 2009 In the Director’s Chair by Christopher T. Boadt Advertising Rates One Six Twelve Criminal Law Committee Issue Issues Issues his month’s magazine focuses attention on the Criminal Eighth Page $65 $60 $55 Law Committee program recently held in Milwaukee, Wis- Quarter Page $115 $105 $95 Tconsin. The seminar provided an overview of changes to Half Page $170 $155 $140 the criminal law practice but focused attention on how the court, Full Page $290 $265 $240 practitioners and the military handle domestic violence matters. Inside Front Cover . .$600 per Issue Many of the topics discussed at the seminar are summarized in Inside Back Cover . .$600 per Issue this issue. Back Cover . .$750 per Issue Violence against women is a critical public health problem that has devastating physical and emotional consequences for Bar Bulletin Board women, children and families. Women are frequent targets of Upto5Lines .....................$25 both physical and sexual assault by partners and acquaintances, as well as strangers. Domestic violence during recent years has 6to10Lines .....................$35 been acknowledged as being a rapidly growing health concern 11to15Lines ....................$40 in America’s communities. 16to20Lines ....................$45 The young lawyers committee, chaired by Joe Fusz, has held To place an ad or for information on adver- fundraisers for the past two years and donated 100% of the pro- tising rates, call (847) 244-3143. Submis- ceeds to A Safe Place of Lake County. A Safe Place is a multi- sion deadline: first day of month preceding faceted organization focusing on the prevention of domestic the month of publication. All submissions violence through empowerment and counseling, intervention must be made in electronic format (high res- and education, research and evaluation. olution PDF or JPG format at a resolution of 300 pixels per inch or more.) See www.lake- This month, President Scott Gibson talks about the important vol- bar.org/html/docketRates.asp. unteer work our members are doing…and the young lawyers fundraisers are just another example. The Docket is the official publication of the Lake County Bar Association, 300 Grand Do you, or do you know of a member, who is exhibiting extraor- Avenue, Suite A, Waukegan, Illinois dinary volunteer efforts? I encourage you to share those experi- 60085 (847) 244-3143, and is published ences with us so that we may inspire other members. You may monthly. Subscriptions for non-members write to me at [email protected]. are $45.00 per year. Reproduction in whole or part without per- mission is prohibited. The opinions and po- sitions stated in signed material are those of the authors and not necessarily those of the Association or its members. How to write for The Docket All submitted manuscripts are considered The Editorial Board of The Docket is always looking for fresh and relevant articles by the Editorial Board. All letters to the edi- to feature every month. Feature articles should be a minimum of 1,500 words tor and articles are subject to editing. Pub- and a maximum of 3,500. The deadline for submissions is the first day of the lications of advertisements is not to be month preceding publication. Articles should be submitted electronically in considered as an endorsement of any prod- Word or WordPerfect. The Editorial Board reserves the right to edit articles as uct or service advertised unless otherwise they see fit to meet the needs of the publication. Please send submissions to stated. [email protected] or call (847) 244-3143 with questions. November 2009 The Docket 3 The President’s Page by Scott B. Gibson The Holiday Season and Charitable Hearts s you read this, we will all have ex- tance in the Probate Court is for petitioners Foreclosure Help Desk perienced not only the feast but who file for guardianship of the person of On November 3, 2009 a Chicago Tribune Aalso the appreciation of the bounty a minor child will be the subject of the help article, “Foreclosure filings spike in collar of life as we celebrate the memory of the given at the guardianship help desk. Fu- counties,” noted that Lake County fore- giving of thanks by those known and un- ture plans include the expansion of that closures are up almost 83 percent from known. What may get lost in the celebra- legal aid to guardianship of the elderly and last year. But well before that startling sta- tion of the Thanksgiving holiday is that disabled adults. tistic had been published, our LCBA mem- the charitable giving by the Indians to the bership was already hard at work pilgrims of food, shelter, and comfort, was A petitioner is typically unfamiliar with addressing the problem. The LCBA true charity given from potential victims Probate Court and the technical require- teamed with the 19th Judicial Circuit to potential oppressors. The charitable ments of the process often create frustra- Court to create a Foreclosure Help Desk. gifts were given both in a “known” sense tion for the individuals, lack of efficiency Volunteer attorneys are lined up to be to the individual pilgrims but also in the in the Court, a waste of time and energy trained and to offer their time to assist “unknown” sense in that they were given on both sides of the bench, and, in tragic homeowners in need. without conditions or consideration for cases, endangering a child. Judge Ceck- the future actions of the pilgrims and sub- owski and Judge Winter teamed with the The help desk provides foreclosure defen- sequent European settlers of North Amer- LCBA in creating the first ever help desk dants one-on-one information sessions ica. The peaceful joining together of for these petitioners. A simple summary with volunteer attorneys on site at the individuals from different continents, cul- of the procedures has been established courthouse before their cases are called. tures, and languages was symbolically ac- and user-friendly forms have been crafted The program provides great benefit to in- complished by the simple act of charitable specifically for this process. The volunteers dividuals overwhelmed by the prospect of giving. That symbolism is reflective of the will be available in the Jury Room outside losing their homes, and also to the court actual charitable activities of your Lake the Probate Court to guide the petitioners in creating some consistency and effi- County Bar Association. through the creation, execution, and col- ciency among those appearing on their lection of the required documentation own behalf. LCBA Wills, Trust, Probate Committee and send them into Court prepared. Guardianship Aid Program “Fix Your Mortgage” First Vice President Elizabeth Rochford This project includes not only our attor- We were all inspired by the great achieve- along with Second Vice President Perry ney members but especially our associate ments of the foreclosure desk, but our Smith and Chair Tom Pasquesi bring vig- members who have been asking for more local attorneys and judiciary recognized orous leadership to the cause of helping meaningful and participating roles in the that there was even more to be done. In those in need regarding guardianship of LCBA. The volunteer response from the the spring of this year, President Obama children, the elderly, and disabled adults. Associate Member Committee led by co- introduced the Making Home Affordable As we all know, the law of guardianship chairs Gayle Miller and Leslie Klocek was (MHA) program intended to help home- can be a nightmare for the average person immediate enthusiasm. On November 11, owners who are struggling to stay cur- and extremely expensive, especially if 2009, a training session was held for the rent, or who are already behind on their there are complicated or competing claims volunteers attended by dozens of your mortgage payments.