THE September 2009 DOCKETVol.16, No.9 The Official Publication of the Lake County Bar Association Inside this issue... In the Director’s Chair: LCBA on the Move 2 by Christopher Boadt, Executive Director The President’s Page: Building the Foundation 3 by Scott B. Gibson A publication of the The Chief Judge’s Page 5 by Chief Judge James K. Booras Cobra Provisions in the American Recovery and Reinvestment Act of 2009: A Little Bit of Good News 7 for the Unemployed by Margaret A. Marcouiller An Interview with Judge Jay Ukena 7 North County Street 9 by Shyama S. Parikh Waukegan, Illinois 60085 Phone: (847) 244-3143 Bar Association to Establish a Foreclosure Help Desk in Park City Fax: (847) 244-8259 11 Courthouse: Significant Increase in Foreclosures Creates Need www.lakebar.org [email protected] Layoffs and downsizing: Economic Necessity or Protest 13 for Discrimination? 2009-2010 Officers & Directors by Keith L. Hunt and Sarah E. Levee Scott B. Gibson, President Elizabeth M. Rochford, First Vice-President Employment Descrimination Perry S. Smith, Jr., Second Vice-President 16 by David R. Ganfield and Jennifer J. Howe Kevin M. Kane, Treasurer Marjorie I. Sher, Secretary Bryan R. Winter, Immediate Past President 23 The Grapevine Hon. Valerie B. Ceckowski Hon. Fred L. Foreman Meeting Minutes Joann M. Fratianni 25 July 16, 2009 by Marjorie Sher, Secretary Thomas M. Gurewitz Steven P.McCollum Michael J. Ori LCBA Bulletin Board & Calendar 28 Editorial Board Michael S. Strauss, Co-editor Rebecca J. Whitcombe, Co-editor Ann Buche Conroy Advertisers Hon. Mitchell Hoffman Back Attorney’s Title Guaranty Fund, Inc. 4 Marytown Daniel L. Jasica Hon. Raymond J. McKoski David L. Gates & Associates McDonald Hopkins LLC 15 Front Stephen J. Rice 8 Deposition Reporters 8 Neil H. Good Neal A. Simon 25 ISBA Mutual 12 ProfessionalNationalTitleNetwork,Inc. James K. Simonian Hon. Daniel B. Shanes Joseph Modica & Associates, Ltd. SuitedtoYou 20 20 Hon. Stephen Walter (ret.) 18 L & L Reporting Services, Inc. 6 Wells Fargo Advisors Staff Lakeside Investigations Vahl Reporting Service 10 15 Christopher T. Boadt, Executive Director Melissa E. Brown, Executive Assistant 2 The Docket September 2009 In the Director’s Chair by Christopher T. Boadt Advertising Rates One Six Twelve LCBA on the move Issue Issues Issues Eighth Page $65 $60 $55 During the August 20, 2009 meeting of the LCBA Board, a Quarter Page $115 $105 $95 plan to lease new office space was approved. The Board consid- Half Page $170 $155 $140 ered the following items: Full Page $290 $265 $240 • Building a Foundation: Establishing a facility which is Inside Front Cover . .$600 per Issue thought of as the “home” of the Lake County legal com- Inside Back Cover . .$600 per Issue munity. Back Cover . .$750 per Issue • Lease: Engaging in a lease of 3 years without significantly increasing our monthly expenses. Bar Bulletin Board • Location: Desire to be near the courthouse which would Upto5Lines .....................$25 provide easy accessibility for members and the public. 6to10Lines .....................$35 11to15Lines ....................$40 • Visibility: A location that provides strong street visibility. 16to20Lines ....................$45 • Parking: Ample free parking for members attending meet- ings or seminars. To place an ad or for information on adver- tising rates, call (847) 244-3143. Submis- • ADA Compliance: A facility which allows all LCBA mem- sion deadline: first day of month preceding bers and Lake County citizens easy access to our facilities. the month of publication. All submissions must be made in electronic format (high res- • Classroom: A location which would allow us to host up to olution PDF or JPG format at a resolution of 40 people for a classroom meeting. Classroom could also 300 pixels per inch or more.) See www.lake- be converted into a Board/Conference room. bar.org/html/docketRates.asp. • Member Resource: A place that would have a com- puter/printer available for members to check e-mail, access The Docket is the official publication of the the internet or hold depositions when the room is available. Lake County Bar Association, 7 N. County Street, Waukegan, Illinois 60085 (847) • Expandability: The potential to expand staff and services 244-3143, and is published monthly. Sub- with minimal adjustments to the facility during the lease scriptions for non-members are $45.00 per period. year. Effective October 1, 2009 the LCBA office will be located at Reproduction in whole or part without per- 300-A N. County St (the corner of Grand and County). Once mission is prohibited. The opinions and po- we are settled we will host an open house and invite all mem- sitions stated in signed material are those bers to visit the home of their association. of the authors and not necessarily those of the Association or its members. How to write for The Docket All submitted manuscripts are considered by the Editorial Board. All letters to the edi- tor and articles are subject to editing. Pub- The Editorial Board of The Docket is always looking for fresh and relevant articles to feature lications of advertisements is not to be every month. Feature articles should be a minimum of 1,500 words and a maximum of considered as an endorsement of any prod- 3,500. The deadline for submissions is the first day of the month preceding publication. Arti- uct or service advertised unless otherwise cles should be submitted electronically in Word or WordPerfect. The Editorial Board reserves stated. the right to edit articles as they see fit to meet the needs of the publication. Please send sub- missions to [email protected] or call (847) 244-3143 with questions. September 2009 The Docket 3 The President’s Page by Scott B. Gibson Building the Foundation any Lake County Bar Association dation. Mark has given an extraordinary Board’s actions and goal in securing new Attorney Members (until re- amount of time, energy, and his consider- offices and eventually purchasing or con- Mcently, myself included!) are un- able talent in poring through old records, structing a dedicated Lake County Bar As- aware of even the existence of the Lake correspondence, bank accounts, and judi- sociation building. County Bar Foundation, let alone that cial notices; and he has reported periodi- every attorney member of our Association cally to the Board over the last year Another great thanks goes out to former is also a member of our Foundation. As dis- regarding the Foundation’s activities. President Rick Lesser, Mark Peavey, and cussed at the June Officers’ Installation their subcommittee, which has worked Dinner, one of the major goals of the cur- The Foundation is pleased to inform our diligently for a number of months to re- rent Bar Association Board, which cur- Members that the Wayne Flanigan Schol- view the current Bylaws, perform exten- rently also doubles as the Foundation arship Fund has finally been transferred to sive legal and tax research, confer with Board, is to reinvigorate the Bar Founda- the University of Illinois Law School in the other Foundations and experts along with tion which now and for our future will un- name of Wayne Flanigan to provide finan- corporate consultants and the Secretary of dertake the extremely State to completely rewrite important responsibilities of the Foundation’s Bylaws and promoting and administer- Articles of Incorporation. ing the charitable, educa- We need to update the By- tional, and office/building We all owe a great debt of gratitude laws for the current times, needs of our Bar Association. protect the tax-free status of to Mark Peavey, the Chair of the Foundation. the Foundation and its abil- In brief, the Lake County Bar ity to accept tax-deductible Foundation was originally or- contributions, and to ensure ganized and Articles of Incor- that the Foundation’s bylaw poration were filed with the and Articles of Incorpora- Secretary of State in 1960. For all intents cial assistance to needy law students from tion are in legal compliance with the goals and purposes, the Bylaws and Articles of Lake County.That chapter of the Founda- of the Foundation and our Association. Incorporation have not been amended in tion’s activities is now completely closed. 49 years. For decades, the Bar Foundation At the present time, the only activities of The Board is pleased to announce that basically laid dormant with no money in its the Foundation continue to be the admin- after extensive review and contemplation bank account, no employees or volunteers, istration, collection, and payment of by the Board, including the current and and for many years did not have a specific “Drug Court funds” as ordered periodically past Treasurers, we unanimously ap- chairman or conduct any type of activities by Lake County Judges. proved the new amended Bylaws and con- or business. In the last decade, the Founda- current Articles of Incorporation at the tion began some specific functions which So why is the Foundation so impor- July Board Meeting. Pursuant to our rules, have been limited to the collection and ad- tant now? As most of you have read and the proposed new amended Foundation ministration of the Wayne Flanigan Schol- heard, due to the extraordinary efforts of Bylaws must be approved by a majority arship Fund and the Lake County Courts Members Phil Bock and Brian Wanca, we vote of our Members. They also must be Judicial Drug Fund. have received to date approximately made available to the Members for review $150,000 in Cy Pres funds and are eligi- and comment - see the proposed new We all owe a great debt of gratitude to ble for continued Cy Pres funds as they Foundation Bylaws on our website or con- Mark Peavey,the Chair of the Foundation, may become available.