Rule Changes for Professional Responsibility

November 2010
Newsbriefs
Dedicated to improving the quality of life in our community by inspiring excellence in the practice of law
Rule Changes for Professional Responsibility
Reprinted With Permission by: Illinois Supreme Court Commission on Professionalism
Our sunny autumn days are filled with change and
preparation for the next season. We are excited to
announce that the Illinois Supreme Court issued two
orders amending court rules as a part of an ongoing
effort to enhance the level of professionalism practiced by Illinois attorneys. The rule changes were recommended by the Commission on Professionalism.
The first rule change, announced on October 1, 2010,
amends Illinois Supreme Court Rule 794(d)(1) to
raise the professional responsibility CLE credit requirement to six credit-hours beginning with attorney
NWSBA dinner meetings include a one hour committee
reporting periods ending on June 30 of 2012 or 2013.
break-out session as well as a one hour Professional
This amendment does not change the total number of
Responsibility session. Above, Patricia Kuehn presents
CLE credit-hours required to be reported for compliVoir Dire to Civil Litigation committee attendees at the
ance, only the proportion of which must be devoted
2009 Dinner Meeting.
to areas related to professional responsibility. As you
are aware, professional responsibility courses include credit requirement. The rule change, effective Octonot only professionalism, but also issues related to di- ber 12, 2010, states that “Lawyers completing a comversity, mental illness and addiction, civility, or legal prehensive year-long structured mentoring program,
ethics.
as either a mentor or mentee, may earn credit equal to
The court
the minimum professional responsibility credit during
also
the two-year reporting period of completion, proIssue Features:
amended
vided that the mentoring plan is preapproved by the
Illinois
Commission on Professionalism, the completion is
President’s Page
3
Supreme
attested to by both mentor and mentee, and compleCourt
Rule
tion occurs during the first three years of the mentee’s
Table of Contents
5
795 to add practice in Illinois.” The rule allows attorneys to earn
Family Matters
8
“lawyerup to the maximum number of professional responsito-lawyer
bility credits required by engaging in this activity.
During This Month 14
mentoring” as an
Article Continued on Page 21
Recent Decisions
16
approved
activity
Board Meeting
22
Suburban Bar Coalition
that may
Highlights
Judicial Screening Results
satisfy the
profession- The Suburban Bar Coalition has released their screenCalendar
28
al responsi- ing results for Retention Judges who will be up for
re-election on November 2. Please see page 6 for the
bility CLE
results.
Newsbriefs - 2
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Newsbriefs - 3
President’s Page
by: Lee DeWald
PHILANTHROPY
The definition of Philanthropy is:
1. altruistic concern for human welfare and advancement, usually manifested by donations of money, property, or work to needy persons, by endowment of institutions of learning and hospitals, and by generosity to other socially useful purposes.
2. the activity of donating to such persons or purposes in this way.
3. a particular act, form, or instance of this activity.
4. a philanthropic organization.
We all have our own philanthropic interests. I know each of you donate your time and money to those
philanthropic activities that uniquely affect you or interest you; and, I commend you for your service.
Last weekend I attended the Illinois Bar Foundation’s Fall Gala. A black tie dinner dance at the Four
Seasons in Chicago. The purpose of the Gala was to raise money for the Foundation’s Grants Program, Subsistence Program and Special Projects. The tickets were pricey; but why not, we were at the Four Seasons.
There was a raffle; and, a silent auction. All to benefit the Foundation’s work.
The Foundation’s work during 2009 included 32 Grants ranging from $2,000.00 - $25,000.00 to programs that “...encourage and promote legal assistance to the poor, elderly and disadvantaged people; reduce
the incidents of domestic violence; make the Court system more accessible and transparent to the public; and,
reduce recidivism of juvenile and adult offenders.”
The Foundation also supported 13 lawyers, their spouses or their dependents, who because of age, illness or incapacities, found themselves in financial distress.
I was humbled at the amount of time that the Foundation’s volunteers put in to assist the Grant recipients and lawyers in need of subsistence; and, by the lawyers’ generosity in giving monetary support to the
Foundation.
Right here in the Northwest suburbs your Bar Association also has a Foundation. Its purpose is: to
promote, encourage, foster and provide on a non-discriminatory basis, educational, charitable and benevolent
activities; and, specifically to assist in developing and augmenting opportunities in the field of law, including,
but not limited to, scholarships, and assistance in carrying out educational and therapeutic programs of the
Northwest Suburban Bar Association.
The Foundation has raised money via your generous monetary gifts when you pay additional money
with your Bar dues; and, I encourage you to continue your generosity. I have asked the Foundation’s President to call on our members and friends of the Bar to get more active to help the Northwest Suburban Bar
Foundation hold events and sponsor events to raise money in order that it may continue to promote, encourage, foster and provide the educational, charitable and benevolent activities that the Foundation supports.
For many lawyers, daily life is a juggling act of trying to balance work and family obligations, yet we
find time to provide service to the public. We are constantly trying to make a difference. We must continue in
our philanthropies.
When it comes to giving, lawyers are one of the most prolific groups. We are taught to give back. We
are required to give back.
Please be open to participation whether it is by giving a check or by giving your time. Look for the
Foundation’s first event this Holiday Season.
Newsbriefs - 4
THANK YOU!
NWSBA would like to thank all its members who volunteered to work Pro Se and Court Facilitator in
October at the Third District Circuit Court. Your time
and effort is very much appreciated.
Pro Se Attorneys:
Louis Capozzoli
Michael Gerstein
Jeffrey Marks
Donald Singer
Ellen Yearwood
Paternity Attorneys:
Adra Campbell
Miriam Cooper
Sandra Stermer Coscino
Terry Slaw
Joel Weiner
Court Facilitator Attorneys:
Rickey Ament
Allen Gabe
Anna Krolikowska
Susan Marks
David Pinsel
Ari Trubitt
Nichole Waltz
Rebecca Zeilenga
Attorneys who volunteer for the Pro Se Court Program assist pro se litigants with preparation of
documents and answer general questions regarding
small claims, landlord/tenant and divorce cases.
The desk is open on Friday afternoons from 1:00
pm to 3:00 pm or until the last court call is done.
The Court Facilitator Program benefits the attorneys as well as the Judges that preside over domestic relation cases. In addition to assisting pro se
litigants, attorneys who volunteer for this program
are there to help settle all pending Domestic Relation cases. This program takes place on Tuesdays
and Thursdays from 10:00 am - 12:00 pm. We
also need facilitators to assist the paternity call on
Thursdays from 10:00 am - 12:00 pm.
Do your part! Sign up for these important programs and help give back to the community!
For more information contact Denise Green at
the NWSBA office, 847-221-2601 or nwsba2@
sbcglobal.net
We support each of
our members,
regardless of size.
ATG members come in all sizes—and so do
their real estate practices. If the title company you
faithfully supported for years has decided you
are not profitable enough for them, imposed a
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regardless of size.
During booms and declines, we are there for our
members. Join the 4,000 attorneys who know the
meaningful advantage of having an underwriter
who is not only their title company and their CLE
provider, but truly their advocate.Visit us on the
web, www.atgf.com, or call 800.252.0402.
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Contact us for more information:
Phil Krawiec
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Direct Phone: 312.752.1219
E-mail: pkrawiec@atgf.com
Offices in:
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Newsbriefs - 5
Newsbriefs
Table of Contents
Title
Editor & Chairperson:
Michael A. Meschino
Page
Published by: NWSBA
Production Editor: Julie Barth
Deadline to submit:
15th of the month
Professional Responsibility Rule Changes 1
President’s Page
3
Thank You Facilitator and Pro Se Volunteers
4
2010 Judicial Screening Results
6
Fall Dinner Meeting Registration
7
Family Matters
8
Holiday Party Registration
10
Traffic Law Update
11
Updated 2010-2011 CLE Calendar
12
Matrimonial Law Committee Holiday Party Flyer
13
During This Month
14
People’s Law School Sign Up
15
Recent Decisions
16
Editor’s Rant
19
September Board Meeting Highlights
22
Criminal Law CLE Registration Flyer
23
NWSBA - A History in Pictures
25
Pub Trawlers Page
26
Bulletin Board
27
Calendar
28
Advertising Rates:
Call 847-221-2601
Northwest Suburban Bar Association
Executive Committee
President: Lee F. DeWald
Executive VP: Donald J. Cosley
First VP: Neil H. Good
Second VP: Michael A. Meschino
Treasurer: William F. Kelley
Secretary: Ronald F. Wittmeyer
Executive Director: Julie Barth
Board of Governors
Jay A. Andrew
Anna Markley Bush
Miriam E. Cooper
Scott B. Friedman
Allen S. Gabe
Colin Gilbert
Andrew Haber
Thomas Kolodz
Michael Lightfoot
Maxwell Petersen
Michael Rothmann
Nichole Waltz
Immediate Past President:
Scott Barber
Association Attorney: Ilonka Ulrich
Parliamentarian: Jackie LeFevre
Need Help?
Call
1-800-LAP-1233
Lawyers Assistance
Program
Newsbriefs - 6
2010 Suburban Bar Coalition Judicial Screening Results:
Retention Judges
The Suburban Bar Coalition conducted its screening of retention judges for the November 2010 election.
The Suburban Bar Coalition is comprised of the North, Northwest, West, South and Southwest Suburban
Bar Associations.
2010 JUDICIAL SCREENING RESULTS BALLOT ORDER
Charles E. Freeman
Joseph Gordon
Shelvin L. Marie Hall
Sophia H. Hall
Irwin J. Solganick
Alexander P. White
Donald J. O’Brien, Jr.
Vincent Gaughan
William D. Maddux
Robert W. Bertucci
Richard J. Billik, Jr.
Jennifer Duncan-Brice
Thomas M. Davy
David Delgado
Deborah Mary Dooling
Timothy C. Evans
Allen S. Goldberg
Susan Ruscitti Grussel
Cheryl D. Ingram
Raymond L. Jagielski
Dorothy Jones
Daniel E. Jordan
Carol A. Kelly
Bertina E. Lampkin
Jeffrey Lawrence
William O. Maki
William D. O’Neal
Robert J. Quinn
Leida J. Gonzalez Santiago
Daniel J. Sullivan
Sharon M. Sullivan
Susan F. Zwick
Susan J. McDunn
James P. McCarthy
Paul P. Biebel
Nancy Arnold
Arnette R. Hubbard
Thomas L. Hogan
Nicholas R. Ford
Charles P. Burns
Highly Recommended
Highly Recommended
Highly Recommended
Highly Recommended
Recommended
Highly recommended
Did not Appear/Cannot
Recommend
Recommended
Highly Recommended
Highly Recommended
Highly Recommended
Highly Recommended
Highly Recommended
Did not Appear/Cannot
Recommend
Highly Recommended
Highly Recommended
Highly Recommended
Highly Recommended
Recommended
Highly Recommended
Did not Appear/Cannot
Recommend
Highly Recommended
Highly Recommended
Highly Recommended
Recommended
Highly Recommended
Did not Appear/Cannot
Recommend
Highly Recommended
Highly Recommended
Highly Recommended
Highly Recommended
Highly Recommended
Not Recommended
Recommended
Highly Recommended
Recommended
Recommended
Highly Recommended
Highly Recommended
Highly Recommended
Thomas P. Fecarotta, Jr.
Denise Kathleen Filan
LaQuietta Hardy-Campbell
Nathaniel Howse, Jr
John P. Kirby
Diane J. Larsen
Daniel Joseph Lynch
Kathleen M. Pantle
Kevin M. Sheehan
Paul Stralka
John D. Turner, Jr.
LeRoy K. Martin Jr.
Paula M. Daleo
Lawrence J. Dunford
Highly Recommended
Highly Recommended
Highly Recommended
Highly Recommended
Highly Recommended
Highly Recommended
Highly Recommended
Highly Recommended
Highly Recommended
Highly Recommended
Recommended
Highly Recommended
Highly Recommended
Did not Appear/Cannot
Recommend
Robert Balanoff
Highly Recommended
Jeanne Cleveland Bernstein Highly Recommended
Kathleen Marie Burke Highly Recommended
Kay M. Hanlon
Highly Recommended
Michelle D. Jordan
Highly Recommended
Thomas J. Kelley
Highly Recommended
William J. Kunkle
Highly Recommended
Clare Elizabeth McWilliams Highly Recommended
Mary L. Mikva
Recommended
Patrick T. Murphy
Recommended
Timothy P. Murphy
Recommended
Sheryl A. Pethers
Recommended
Jim Ryan
Highly Recommended
Edward Washington ll
Highly Recommended
Newsbriefs - 7
Northwest Suburban Bar Association’s
Fall Dinner Meeting
Wednesday, November 10, 2010
Michael Rothmann & Kenneth Apicella, Co-Chairs
This event will begin with NWSBA substantive law committee meetings providing 1 hr of MCLE credit.
Time:
5:00 p.m. - Cocktails
5:30 p.m. - Committee Meetings
6:45 p.m. - Dinner & Presentation:
“Ethical Responses to a Changing Legal Marketplace”
Cheryl Niro, Robinson Niro, P.C.
This portion is pending approval by the Illinois Commission of Professionalism for
1 hr. of Professional Responsibility Credit.
Sponsored by: Gerson Lehrman Group
Place:
The Meadows Club
2950 W. Golf Road, Rolling Meadows, IL
Price:
$60 Members and $120 Non-Members
After November 3, 2010: $70 Members and $130 Non-Members
Name: ___________________________________________
Phone #:________________
Choose ONE Committee Meeting to attend:
___ Civil Litigation
Rebecca Busch, Medical Business Associates, Inc.
Medical Bills: Submitting them into evidence,
Understanding their importance in Medicare Set Asides and
Verifying Usual & Customary billing practices
Online Registration is Available at www.nwsba.org:
VISA___
___ Criminal Law
Jerry Allen, Assistant State’s Attorney: Mandatory Sentencing
inDUI&TrafficCases
Dave Corbet: Latest Developments in Search & Seizure
___ Estate Planning
Michael H. Erde, Michael H. Erde & Associates, P.C. (NELF)
Elder Law, Trusts and Powers of Attorney: How to Save Your
Clients Money
___ Matrimonial Law
Karen E. Tietz, P.C. & Amy Nelson, Realtor
Short Sales Basics For Divorce Lawyers
MC___
CHECK___
______________________________________
Credit Card No.
3-Digit Security Code
________________________________________________
Billing Address on Card
Exp. Date
Mail to:
NWSBA
800 E. Northwest Hwy.
Suite 418
Palatine, IL 60074
Fax:
847-221-2844
Telephone: 847-221-2601
Newsbriefs - 8
FAMILY MATTERS
By: Michael Meschino
COLLEGE EXPENSES
In this column we plan to debunk
some myths that have grown up
around the law relating to the
payment of college expenses. A
number of years ago, specifically
1997, a case came down out of the
Fourth Appellate District entitled
In Re Marriage of Schmidt, 292
Ill.App.3d 229 684 N.E.2d 1355
(1997), which has become the definitive case on the subject.
However, the Schmidt case has
been misquoted and misused often
by attorneys and judges. The first
Myth surrounding the Schmidt case
involves as to whether there is a
judicial limit on a contribution to
college expenses based upon the
annual expenses to send the child
to the University of Illinois. An
examination of the facts of the case
debunks this myth.
The factual background in the
Schmidt case indicates that the
child of the parties had been accepted to the University of Dayton
and wished to go to school there.
At that time, the cost for attending the University of Dayton for
one year, including tuition, room
and board, counseling fee and
orientation fee was approximately
$17,500.00.
The daughter also advised that she
was accepted at Northern Illinois
University, Southern Illinois University at Edwardsville and Southern Illinois University at Carbondale. There is not even a mention
of the University of Illinois in the
entire Schmidt opinion.
The issue in Schmidt was correctly
identified by the Trial Court when
it stated that the father was responsible for one-half of the college
expenses of the daughter but that
did not give her “carte blanche” in
her selection of a college. Additionally, a review of the father’s
Disclosure Affidavit indicated that
he neither had the monthly income
nor assets to pay college expenses
where his share would be in excess
of $9,000.00 per year.
The non-custodial parent was not
asked for any counsel, advice or
input in deciding what college
his daughter should attend. The
mother, as custodial parent, and the
daughter made the decision. This is
a common problem in contribution
to college expense cases.
There was nothing in the record
that indicated that the University of
Dayton and its programs were significantly different from the State
schools, particularly in the first two
years where the daughter indicated
that she would be taking general
education courses. The Trial Court
then ordered the father responsible
for one-half of the tuition, fees,
room and board for a State school
and one-half of the supplies listed
in the daughter’s exhibit.
Once again, there was no mention
of the tuition at the University of
Illinois.
Myth number two relating to the
Schmidt case involves the proposition that parents have to pay
equally for the child’s post majority education. The Schmidt case
does not decree that the parents
have to pay one-half of the college expenses of the daughter. It
should be noted that the agreement
between the father and the mother
in the Schmidt case indicated that
both shall contribute one-half of
the daughter’s educational expenses subject only to her aptitude
and desire for higher education.
As such, the Court found that the
Agreement was unambiguous and
must be enforced as written.
The Court did note that this distinguished this case from In Re Marriage of Oldham, 222 Ill.App.3d
744, 584 N.E.2d 385 (1991) where
the father’s obligations to pay for
college expenses was conditioned
on the father being financially
being able to do so as well as the
interest in scholastic aptitude of the
child and, finally, on the expenses
being “necessary and reasonable”.
The mother in the Schmidt case
tried to rely on Oldham to enforce
the one-half payment to the University of Dayton because it was never
premised on the financial ability of
the parties. The father’s argument
was that since the Marital Settlement Agreement did not set forth a
specific price or even a method by
which a specific price can be determined, it only establishes the proportion of the cost that each party
must bear. The father then relied
upon cases that stated that when a
contract is silent as to a price term,
a reasonable price will then be implied.
Continued on Next Page
Newsbriefs - 9
Continued From Previous Page
THIS IS THE
ABSOLUTE KEY
TO THE SCHMIDT
CASE!
Another myth surrounding the
Schmidt case is that the decision
involved the standard of living the
child would have enjoyed had the
marriage not been dissolved. This
myth is actually true as the Court
stated the following with relation to
the factor, in the Statute, as to what
the child would have enjoyed if the
marriage had not been dissolved
and the financial resources of both
parents were available to the child:
“There is no evidence it was
the intent of the parties when
they entered into the agreement for college expenses that
Emily could attend any college, regardless of cost. This
agreement took place ten years
before their child was ready
for college. If the parties had
not been divorced they likely
would have discussed the best
college situation for Emily and
taken into consideration their
income, Emily’s interests and
aptitudes, and the costs of the
various schools Emily was interested in attending. One of
the spouses would not simply
go out with Emily and chosen
a school without input from
the other parent other asking
him to write a tuition check.
The only way to determine a
reasonable price would be to
use the same factor two married parents would use.”
The mother in Schmidt tried to reason that private schools could never
qualify under the trial court’s decision. This is simply not true. The
Schmidt Court acknowledged that
private schools may have special
programs or attributes of the school
that would make the additional
cost for a private school more reasonable under the circumstances.
Additionally, private schools and
out-of-state universities have been
offering scholarships and grants to
students with good grades and a superior ACT or SAT score. Therefore, it all comes down to the cost.
The Schmidt case was silent on the
effects of what grants or scholarships were offered to the daughter.
sure that necessary conversations
and consultations take place.
I had intended to write about the
case of In Re The Marriage of Petersen, 2010 WL 3000237. This
was a First Appellate Court case
that had reversed the Trial Court
decision that ordered a father to
pay $227,200.00 for past college
expenses. The Appellate Court had
reversed the Trial Court based upon
a rule that Section 510 allows for
any modification as to support or
maintenance to be prospective from
the date the Petition for Modification is filed with notice to the other
party. In the Petersen case, Mrs.
Petersen sought retroactive reimbursement just prior to her eldest
The important matter to remem- child’s graduation from college as
ber out of the Schmidt case is that she thought it would be easier to do
a practitioner may write rights and it all at once.
obligations into a Marital Settlement Agreement which control the As noted in this month’s column by
rights and obligations of the parties the irrepressible Howard Bernstein,
over Section 513(b) factors. In oth- In Re Marriage of Petersen, is on
er words, you may set a price limit; leave to appeal to the Illinois Suyou can insert a term that says that preme Court.
the total cost of the college education should be no more than what It is hoped that the Illinois Supreme
would be the cost to Northern Il- Court will take this decision based
linois University or Illinois State upon the fact, as Howard points out,
University. Additionally, it is im- that there is authority for retroactive
portant to write in the part about the reimbursement of college expenses
need to consult with both parents from the Fourth and First Appellate
so that the parents can take into ac- Districts that the First District panel
count the best college situation for refused to follow.
their children and take into consideration their income, the child’s
interest and aptitudes and the costs
of the various schools the child is Michael A. Meschino has his own
practice in Palatine. His practice is
considering on attending. If that is concentrated in Family Law, Civil
made a condition of Contribution to Litigation, Chancery Litigation and
College Expenses it would motivate Real Estate. He also handles criminal matters. For more information
the custodial spouse to make
please go to his website at
www.illinoisdivorcelaw.org
Newsbriefs - 10
northwest suburban bar association
2010
HOLIDAY
PARTY
Date:
Wednesday, December 8, 2010
Time:
5:00 Cash Bar - 6:00 Dinner
Place:
Durty Nellies
180 N. Smith Street
Palatine, IL
Price:
$50 per person
($40 - State’s Attorneys, Public Defenders and
3rd District Courthouse Employees)
Price includes dinner and a donation to the Holiday Assistance Program
RSVP by December 1, 2010
HOLIDAY 12.09.10
Name ________________________________ Telephone __________________________
Method of Payment: ___ Visa ___ MasterCard ___Check
Credit Card # ________________________________ 3-Digit Security Code:__________
Expiration Date ______________________________
___________________________________________________________________________
Billing Address For Credit Card
Newsbriefs - 11
Traffic Law Update
By: Thomas Moran
Obstructing a Police Officer
In People v. Bohannon, 5-08-0370, ___ Ill.
App.3d ___, ___ N.E.2d ___, ___ Ill.Dec. ____ (5th
Dist. 2010), Defendant was stopped at a roadside
safety checkpoint and asked to produce a driver’s
license and proof of insurance. Defendant refused.
He was arrested and charged by information with
obstructing a police officer pursuant to
720 ILCS 5/31-1.
The trial court dismissed the charge of obstruction on the defendant’s motion noting that the
allegations did not involve issues of officer safety
or refusal to exit a vehicle. The trial court found
that the alleged conduct, more closely, resembled a
refusal to answer questions of a police officer than a
physical act.
On appeal, the appellate court confirmed the
trial court ruling that the defendant’s conduct was
prohibited but was a violation of 625 ILCS 5/6-112
which criminalizes the failure to display a license
and proof of insurance. The conduct did not constitute obstruction because Defendant did not impede
the performance of the duties of the police officers
by resisting being taken into custody, obstructing the
towing of his motor vehicle or by providing false or
misleading information.
Twenty Minute Observation Period
In People v. Keithley, 399 Ill.App.3d 850,
927 N.E.2d 299, 339 Ill.Dec. 758 (5th Dist. 2010),
Defendant was arrested and charged with the offense
of driving under the influence of alcohol pursuant to
625 ILCS 5/11-501(a)(2). The defendant was also
issued a Notice of Summary Suspension to pursuant
to 625 ILCS 5/11-501.1. At Defendant’s hearing,
Defendant testified that the arresting officer did not
observe her for twenty minutes prior to requesting
that she submit to a breathalyzer test.
The trial court found that there had not been
a twenty minute observation before logging Defendant’s refusal and therefore granted Defendant’s petition.
On appeal, the appellate court reversed the
trial court ruling that the plain language of Section
1286.200 does not require an observation period
before determining that a subject has refused to
submit to testing. Relying on People v. Fonner, 385
Ill.App.3d 531, 898 N.E.2d 646, 325 Ill.Dec. 599
(4th Dist. 2008), the court went on to state that 625
ILCS 5/11-501.2(c) does not place any conditions on
the admissibility of a refusal. The court found that
even if a person who refused the test could show that
the proposed test would have been noncompliant if
taken, the person has still refused the test and any
potential noncompliance would not nullify the basis
for the summary suspension.
Substantial Compliance
In People v. Ebert, 401 Ill.App.3d 958, 931 N.E.2d
279, 341 Ill.Dec. 671 (2nd Dist. 2010), Defendant
filed a motion in limine seeking to bar the State from
introducing the results of a breathalyzer test in his
prosecution for driving under the influence. At the
hearing, Defendant testified that after his arrest for
DUI, he was transported to the police department
where he was asked to submit to a breath test. After
taking the test, the police officer informed him that
he would have to retake the test because the machine
indicated the presence of “mouth alcohol.” Prior
Continued on Page 20
Newsbriefs - 12
2010-2011 NWSBA CONTINUING LEGAL EDUCATION SEMINARS
Please support the NWSBA CLE Program by signing up for
one or more of the following seminars:
NOVEMBER DINNER MEETING & CLE
Wednesday, November 10, 2010
Location T/B/D
CRIMINAL LAW CLE
Tuesday, November 30, 2010
Forest View Education Center: BOARD/ARLINGTON ROOMS
MUNICIPAL LAW CLE
Wednesday, January 19, 2011
Forest View Education Center: D100/101
MATRIMONIAL LAW CLE
Monday, February 7, 2011
Wojcik Conference Center, Harper College
JOINT CIVIL LITIGATION & CRIMINAL LAW CLE
Wednesday, February 23, 2011
Forest View Education Center: BOARD/ARLINGTON ROOMS
MARCH DINNER MEETING & CLE
Wednesday, March 16, 2011
Location T/B/D
CORPORATE BUSINESS LAW CLE
Wednesday, March 30, 2011
Forest View Education Center: BOARD ROOM
REAL ESTATE CLE
Tuesday, April 5, 2011
Forest View Education Center: D100/101
MATRIMONIAL LAW CLE
Monday, May 9, 2011
Wojcik Conference Center, Harper College
EMPLOYMENT LAW CLE
Wednesday, May 25, 2011
Forest View Education Center: BOARD/ARLINGTON ROOMS
ESTATE PLANNING CLE
Wednesday, June 8, 2011
Forest View Education Center: BOARD/ARLINGTON ROOMS
Locations, dates and times are subject to change. See the “Event Flyer” on the specific registration pages for details regarding
course titles and seminar times.
Newsbriefs - 13
NORTHWEST SUBURBAN BAR ASSOCIATION
MATRIMONIAL LAW COMMITTEE
2010 HOLIDAY PARTY
Please join the Judges and Attorneys of the
3rd District Domestic Relations Division
to Celebrate the Holidays!
Date: December 15, 2010
Time: 5:00PM - 8:00 PM
Place: Peggy Kinnane’s Irish Restaurant & Pub
Price:
8 N Vail Street, Arlington Heights, IL
$40.00 per person plus cash bar
price includes buffet and soft drinks
RSVP:
By December 10, 2010
Name:
______________________________________________________
# of People ________ at $40.00 per person
Make Checks Payable to:
NWSBA
800 E. Northwest Highway, Suite 418
Palatine, IL 60074
Telephone: 847-221-2601
Fax: 847-221-2844
MC/Visa:__________________________________ Exp.________ 3-Digit Code________
Billing Address on Card:____________________________________________________
Newsbriefs - 14
During This Month........
By: Joseph C. Morton
Professor Emeritus, Northeastern Illinois University
(November) in 1732 John Dickinson was born into
a prominent Quaker family. He has been praised by
historians for his thoughtful, well-written pamphlets
and letters and for his significant contributions in the
drafting of both of our country’s national constitutions. His cogent writings during the American
Revolution have earned him the appellation of
“Penman of the Revolution”. As one of the most
important political figures of the entire Revolutionary Period (1763-1789), Dickinson properly belongs
on any list of the most influential Founding Fathers.
Therefore, it is strange that this prominent Pennsylvania and Delaware statesman is not today wellknown or honored.
Born in Talbot County on Maryland’s Eastern
Shore, John enjoyed all the prerogatives expected by
the older son of a locally prominent, wealthy, slaveowning planter and his politically well-connected
wife. Educated at home by a live-in Irish tutor, John
received a rigorous classical education, which prepared him well for note-worthy careers in both politics and the law. Legal apprenticeship to a renowned
Philadelphia lawyer was followed by a four-year stint
at the Middle Temple in London where he received
what was probably the best legal training in the
English-speaking world. Success in the practice of
law in Philadelphia led almost inevitably to a political career. In the prerevolutionary period, he served, with distinction, in
both the Delaware and Pennsylvania colonial legislatures, as a Pennsylvania representative to the Stamp
Act Congress, and as a delegate to both the First and
Second Continental Congresses. It was as a prominent member of the colonial Pennsylvania Assembly
that he gained, for his essential political conservatism, the ever-lasting enmity of the renowned Dr.
Benjamin Franklin and as an influential leader of the
reconciliationists in Congress (who favored reform
within the British Empire not independence from)
the resentment of the powerful Adams-Lee faction.
It was John Adams who characterized Dickinson as
“a certain great Fortune and piddling genius, whose
fame has been trumpeted so loudly, has given a silly
cast to our whole doings”. Although he did not sign
the Declaration of Independence, Dickinson enthusiastically supported the independence movement
and the war effort after independence was finally
declared.
After serving terms as governor of both Delaware
and Pennsylvania, Dickinson retired to his rural
Delaware estate in the mid-1780s expecting to enjoy
life as a gentleman farmer. However, in 1787 he
was elected to head the Delaware delegation to the
Constitutional Convention of 1787. As one of the
leaders of the small-state nationalists at the “Grand
Convention” Dickinson, along with John Rutledge
and Roger Sherman, was largely, but quietly responsible for drafting and getting approved the Great
Compromise, which created a true federal system of
government with political power divided between the
states and the national government.
For his writings as the “Penman of the Revolution”, for his authorship of the country’s first constitution (Articles of Confederation), and for his significant contributions at the
Constitutional Convention of 1787, John Dickinson
deserves elevation to first-rank among our venerated
“Founding Fathers”.
Crystal Lake resident Joseph C. Morton is
Professor Emeritus at Northeastern Illinois
University and author of numerous articles and
books on American political history.
Newsbriefs - 15
People’s Law School Instructors Needed
By Jackie LeFevre
Would you like the opportunity to get your
name and face out in front of your local potential
clients? The People’s Law School is a great way
to do just that. The NWSBA has agreed to provide
instruction to local residents through programs given
in conjunction with continuing education classes for
the northwest suburban communities. We are looking for instructors with experience in the relevant
area of law to provide a two hour program that covers the basics of a topic at a level understandable to
non-lawyers. You may choose your own format – all
lecture, question and answer, interactive discussion
–whatever will work best for presenting information.
The students sign up with the community sponsor
and pay a small fee to cover costs. Instruction is
non-compensated. However, with an average class
ranging from 20-50 people, it is likely that you will
end up with one or more clients from the class, so
bring lots of business cards!
We will give first priority to volunteers who
are also on a committee that relates to the topic covered, but are accepting all volunteers who practice
that type of law.
Classes scheduled for the
spring 2011 session:
REAL ESTATE:
Demystifying the Closing Process
Wednesday, February 16, 2011
Hersey High School
7:00 PM - 9:00 PM
WILLS & TRUSTS:
What Do You Need?
Wednesday, February 23, 2011
Hersey High School
7:00 PM - 9:00 PM
EMPLOYMENT:
Can I keep my job? What do I do if I can’t?
Wednesday, March 2, 20101
Hersey High School
7:00 PM - 9:00 PM
BUSINESS:
Starting a Business: Sole Proprietorship, Partnership, Corporation or LLC?
Tuesday, March 8, 2011
Hersey High School
7:00 PM - 9:00 PM
GUARDIANSHIP:
Making a Plan for Your Disabled or Aged Adult
Tuesday, March 15, 2011
Hersey High School
7:00 PM - 9:00 PM
BANKRUPTCY:
What You Need to Know About Filing for Bankruptcy
Wednesday, March 30, 2011
Hersey High School
7:00 PM - 9:00 PM
TRAFFIC:
Do I Need a Lawyer to Represent Me in a Traffic
Matter?
Wednesday, April 6, 2011
Hersey High School
7:00 PM - 9:00 PM
FAMILY:
I’m getting divorced. What should I expect from my
attorney and what can I do to minimize the effect on
my children?
Wednesday, April 13, 2011
Hersey High School
7:00 PM - 9:00 PM
To volunteer, or if you would like more information,
please contact Denise Green at 847-221-2601 or
dgreen@nwsba.org.
Newsbriefs - 16
Recent Decisions
By Howard Bernstein
NEW LEGISLATION
records or communications to be er appealed stating that the Indian
disclosed.
Child Welfare Act governs all cases
The Mental Health and
involving Indian children including
Developmental Disabilities Con- A special thank you is ex- foster care, adoption and terminafidential Act (IMHDDA) has been tended to Neal E. Takiff and Brooke tion of parental rights. In this case,
amended as of July 29, 2010. The R. Whitted of Whitted Cleary and there was insufficient evidence to
Act presently states that:
Takiff of Northbrook, Illinois for give the trial court reason to know
providing us with the above infor- that the child was a member of an
“No person shall comply with
mation.
Indian tribe because neither one of
a subpoena for records or
the biological parents were memcommunications under this
Act unless the subpoena is acbers of an Indian tribe. The trial
companied by a written order
RECENT DECISIONS
authorizing the issuance of the
court’s order terminating the parent
subpoena or the discharge of
IN RE ANAYA J. G. No. 1-10rights of the child’s mother was afthe records.”
0132 (1st Dist. 7-30-10)
firmed.
On July 29, 2010, there is
an additional requirement:
An unmarried couple were
IRMO HALL, No. 2-08-1210
the biological parents of a newborn
(2nd Dist., 8-25-10)
“(d)...No such written order
shall be issued without written
child. The biological mother was
notice of the motion to the renot a member of the Cherokee Tribe A judgment was entered
cipient and the treatment probut
was
a
descendant
of
a
member
containing
an MSA that essentially
vider. Prior to the issuance of
of a Native American tribe. A few divided all assets 50-50 and awardthe order, each party or other
person entitled to notice shall
months after the child’s birth, she ed the Wife permanent maintenance.
be permitted an opportunity to
was placed in foster care because The MSA provided for a QDRO on
be heard pursuant to subsecthe trial court found the mother to two 40l(k) plans identified in one
tion (b) of this Section.”
be a habitual drunk and was un- paragraph. A subsequent paragraph
In addition, no subpoena
able to properly care for the child. provided for the Wife to receive
is valid unless it contains the
Approximately one year later, the “50% of the marital portion of each
following language:
state filed a petition to terminate of Husband’s retirement accounts
the parental rights of the biological as of the date of divorce.” Husband
“No person shall comply with
a subpoena for mental health
mother. On three occasions the trial had two pension plans that were not
records or communications
court heard of the mother’s alleged specifically identified in the MSA
pursuant to Section 10 of the
Cherokee Indian heritage. On one but were known to both parties.
Mental Health and Develoccasion the court asked the biolog- Husband denied the pension plans
opmental Disabilities Confidential Act, 74 ILCS 110/10,
ical mother about her heritage so, if were to be divided and Wife alleged
unless the subpoena is accomnecessary, the Cherokee tribe could it was part of the MSA that providpanies by a written court order
be notified. The biological father ed for 50% of each of Husband’s rethat authorizes the issuance of
advised the court that he was not a tirement accounts. Four years later,
the subpoena and the disclosure of records or communimember of any tribe but that the bio- Wife filed a petition under Section
cations.”
logical mother and her grandmother
were Cherokee Indians. The
Subsection (b) allows a parbiological mother’s parental rights
ty or interested person to request an
Continued on Next Page
were terminated and her daughter
in camera review by the court of the
was placed for adoption. The moth-
Newsbriefs - 17
Continued From Previous Page
2-1401 seeking a reformation of the
MSA to conform to the agreement
of the parties. Husband’s defense
was that it was too late because
2-1401 petition relief is limited to
two years. Wife alleged the proper
statute of limitations is ten years
pursuant to 735 ILCS 5/13-206.
Trial court denied relief stating is
was necessary for Wife to prove
grounds to vacate the judgment as
a prerequisite for allowing a reformation of the MSA. Wife appealed
and Appellate Court reversed the
trial court on all issues but specifically ruled that the judgment indicated a 50-50 division of all assets
identified and there was no mention
of the pension accounts. A majority
of the Court used the interpretation
of the wording in the MSA that Wife
was to receive “50% of the marital
portion of each of Husband’s retirement accounts” including the pensions that were omitted.
IN RE M.M. PEOPLE OF THE
STATE OF ILLINOIS v.
ROBERT M., No. 1-09-3468 (1st
Dist. 5-21-10)
This is a very unusual case
because it deals with an attempt to
prove the non-existence of paternity by the minor child against unmarried parents who have signed
a voluntary acknowledgment of
paternity. The child’s mother and
Respondent were never married.
Mother gave birth to a baby girl and
the mother and Respondent signed
a voluntary acknowledgment of paternity and Respondent also signed
the child’s birth certificate as the
father. Neither mother nor Respondent attempted to rescind the
voluntary acknowledgment of paternity but a subsequent DNA test
excluded Respondent as the biological father. The court appointed
GAL filed a petition on behalf of
the minor child to declare the nonexistence of paternity. Respondent
alleged it was too late to rescind the
parentage because the time period
had lapsed. The court held that the
time limit to rescind the finding of
paternity applied only to the alleged
father. The statute does not place a
time limit on the child to prove that
Respondent was not the biological
father. Furthermore, the child was
not in privity with the prior finding
of paternity and has a right to contest the voluntary acknowledgment
of paternity.
filing the petition prior to the eldest
child’s graduation from college is
she thought it would be easier to do
it all at once.” Wife’s appeal cites,
as authority for retroactive reimbursement of college expenses, cases from the fourth and first districts
that the Appellate Court in this case
refused to follow. The reason for
not following the earlier cases cited
by the former Wife is the wording in the cited cases contained no
reservation for apportionment of
college expenses. The cited cases
either imposed a duty on the father to pay the children’s college
expenses or involved child support after a child’s 18th birth date
in a case where the child graduated
from high school after his 18th birth
date. Where the judgment imposes
IRMO PETERSON, No. 110984 a duty to contribute towards college
expenses a petition for pre-petition
This is a case where the or retroactive reimbursement is apformer Wife has asked the Illinois propriate. Where the issue of conSupreme Court to reverse an Ap- tribution is reserved, the obligation
pellate Court decision that reversed should be prospective from the date
a trial court decision that ordered a of filing a petition for modification.
father to pay $227,200.00 for past
college expenses (incurred prior to
the filing of a petition seeking reimbursement) and 75% of future
college expenses. The judgment
directed the father to pay child support and maintenance but reversed
the issue of each party’s obligation
to contribute to college expenses
under Section 513. The trial court
awarded retroactive reimbursement
of the college expenses and father
appealed. The Appellate Court (1st
District) reversed the trial court because Section 510 allows for any
modification as to support or main- Howard Bernstein is a partner at
tenance to be prospective from the Schwartz, Wolf & Bernstein LLP,
date the petition for Modification is in Buffalo Grove and specializes
filed with notice to the other party. in Domestic Relations and Family
Law, Bankruptcy and Real Estate.
The former Wife’s excuse for not
Newsbriefs - 18
r
e
h
t
Ano
r
e
d
l
o
h
y
c
Poli
d
n
e
d
Divi
9
0
!
0
2
for
CALL
ASAP
800-473-4722
www.isbamutual.com
Newsbriefs - 19
Editor’s Rant
A very big thank you to our Executive Director, Julie
Barth for her efforts in trying to track down the person or persons responsible for the actual delivery of
Newsbriefs after its delivered to the Palatine Processing and Distribution Center of the United States Post
Office. Julie made numerous telephone calls to the
facility to try to ascertain why the September Newsbriefs was delivered so late. As a result of her efforts,
the October Newsbriefs was actually delivered in the
Palatine area five (5) days ahead of the September
Issue.
To all of those hardworking men and women of the
United States Post Office, including those employees
of the Palatine Distribution Center I thank you as the
Editor of Newsbriefs for delivering our October publication in a timely manner.
• As a lifelong Chicago Cub Fan this is a very
melancholy time of year. This is the time of year
when baseball salutes its World Series Champion. This is a title that has eluded the Chicago
Cubs for 102 years and counting. When October rolls around the Cubs are usually on the
sidelines. In the years that they have advanced
to the playoffs they have either been a complete
embarrassment (such as in 1989, 2007 or 2008)
or are involved in heartbreaking crushing defeats
(the 3 game losing streak in San Diego in 1984
and then games 6 and 7 in 2003).
Although I admired him as a player I sincerely
hope that the Cubs pass over Ryne Sandberg as
their next manager. Whoever is the next Cub
manager is set up for a complete failure. The
team has no clean-up hitter, no real run producers, no lead off man, the major league leader in
errors at shortstop and a bullpen, with the exception of Carlos Marmol (who can be a bit wild),
Sean Marshall and Andrew Cashner (but only in
the cool weather months), is a bunch of clowns
that are better suited for grounds keepers then
relief pitchers.
I still remember, quite painfully, how we Bull
fans, (old enough to remember), idolized Jerry
Sloan. After all, Jerry Sloan was the guard that
did not throw away the basketball to a San Francisco Warrior on Mother’s Day 1975 (that would
have been the late Norm VanLier). However,
when Jerry Sloan took the reins as the Chicago
Bulls head coach he inherited one of the worst
teams in the league and was promptly booed out
of Chicago. Jerry Sloan, using the same work
ethic that made him a fan favorite in Chicago,
developed himself into a Hall of Fame Coach for
the Utah Jazz.
I am hoping that the Chicago experience for
Ryne Sandberg is different. Let him go to
Seattle or Pittsburgh to have those fans boo him
when those terrible teams are unable to win.
Then he can return triumphantly to Chicago and
lead the Cubs to their 1st World Series in 105 or
possibly 106 years.
• Our series on best albums from the great
bands from my past this month features The
Who. In my opinion the best album ever done
by The Who is the 1971 blockbuster known as
“Who’s Next”. The songs on the album were so
popular that when The Who played the concert
for New York in October 2001, 30 years after the
album’s release, most of the audience sang along
to the words to “Behind Blue Eyes” and “Won’t
Get Fooled Again”.
I had thought for awhile that the Rock Opera
“Tommy” was the best album that The Who ever
produced. However, after seeing the movie in
1975 which starred Roger Daltry and Ann Margaret I was actually repulsed by the director’s
vision of this classic. Casting Oliver Reed, a fat,
ugly and buffoonish man as Ann Margaret’s second husband had to be some kind of a practical
joke. The entire movie is an insult to the culture
of the time.
Michael A. Meschino, Editor
Newsbriefs - 20
Continued From Page 11
to the second test, the defendant stated that he was
permitted to use the restroom unaccompanied by the
officer. The officer also testified and confirmed that
a second test was required because of the presence of
mouth alcohol in the first blow.
The officer asked another officer to take Defendant to the sink to wash out his mouth and did not
observe this himself. He stated that he did not recall if
Defendant used the restroom but his procedure would
be to let him use the restroom and leave the door open
so he would keep him under observation. The trial
court granted the defendant’s motion concluding that
there was not sufficient evidence of compliance with
the observation requirement.
Improper Stop
In People v. Galvez, 401 Ill.App.3d 716, 930
N.E.2d 473, 341 Ill.Dec. 263 (2nd Dist. 2010), Defendant was charged with driving while his license was revoked in violation of 625 ILCS 5/6-303(a). Defendant
filed a Motion to Quash alleging an improper stop. At
Defendant’s hearing the arresting officer testified that
he stopped Defendant’s vehicle after conducting a random registration check. During the check the officer
learned that the vehicle had two registered owners, one
male (Defendant) and the other female. The officer
also learned that Defendants’ driver’s license had been
revoked. The officer stopped the vehicle without first
pulling alongside it to determine whether the driver
was male or female.
In granting the defendant’s motion, the trial
court reasoned that the officer’s knowledge that the
license of one of the two registered owners had been
revoked did not give the officer’s grounds to conduct a
traffic stop.
On appeal, the State argued that there was substantial compliance with testing procedures making any
perceived errors de minimis. The State relied on Defendant’s testimony at the hearing where he conceded
he did not vomit, belch, regurgitate or place a foreign
The appellate court rejected the State’s contensubstance in his mouth.
tion that the reasonable suspicion standard exists when
one of the multiple registered owners is suspended or
The appellate court reversed the trial court rerevoked. The appellate court ruled that the stop was
lying in part on People v. Ramos, 155 Ill.App.3d 374,
based on nothing more than a guess that it was the de508 N.E.2d 484, 108 Ill.Dec. 323 (4th Dist. 1987) and
fendant and not the other registered driver operating
People v Bishop, 354 Ill.App.3d 549, 821 N.E.2d 677,
the vehicle. Such speculation does not rise to the level
290 Ill.Dec. 365 (1st Dist. 2004), ruling that there was
of reasonable suspicion.
substantial compliance with testing procedures including the twenty minute observation period. The court
found that each case must be reviewed in the context of
its unique facts. Here, the court found that Defendant’s
own testimony established that he did nothing to impair
the accuracy of the test, thus the breath test result was
no less reliable than it would have been if the officer Thomas Moran is a Partner at Ahern, Maloney, Moran & Block in Skokie specializing in DUI, Traffic
had observed the defendant not doing those things.
Law and Administrative Hearings
Newsbriefs - 21
Continued From Front Page
The amendment of Rule 795 was prompted in part on
experience gained from a collaboration between the
Illinois Supreme Court Commission on Professionalism and the IL Seventeenth Judicial Circuit to develop the first circuit-wide professionalism programs that
could serve as models to be shared across the state. A
principal focus of the collaboration was to establish a
mentoring program for all newly admitted attorneys,
and in January 2009, the Seventeenth Judicial Circuit
implemented the State of Illinois’ inaugural circuitwide lawyer-to-lawyer mentoring program. This
mentoring program is designed to pair trained and
experienced attorneys with the newest members of
the bar in order to provide a resource and framework
for new attorneys to gain experience, seek advice, and
to obtain information about the law and law-related
interests, as well as to become more knowledgeable and involved in the community. Participants in
the mentoring program are provided with a detailed
mentoring guidebook developed by the Commission
on Professionalism and develop an individualized
mentoring plan that they work to complete within the
period of one year.
With the enactment of the new Rule 795(d)(12), the
Commission on Professionalism will begin developing guidelines for implementation of the rule, including creation of standards for approval of structured
mentoring programs. Once developed, these guidelines will be available on the Commission’s website.
In the meantime, information about mentoring may be
found in the Commission’s Mentoring Guide, available at www.ilsccp.org.
SAVE THE DATE!
Mock Trial Invitational
Mark your calendars for the 2011
NWSBA Mock Trial Invitational
that will take place on Saturday,
February 26, 2011 at the Third
Municipal District Courthouse in
Rolling Meadows.
This program provides students with
the unique and valuable opportunity to
argue their case before a Cook County
Circuit Court Judge. It is a rewarding experience for all involved. Please
consider volunteering your time.
Newsbriefs - 22
October Board Meeting Highlights
•
The Holiday party for the
Northwest Suburban Bar Association will be on December
8, 2010 at Durty Nellie’s. We
will have the upstairs room at
Durty Nellie’s to ourselves on
that night as the establishment
of Durty Nellie’s had cordoned
off for an earlier Pub Trawlers’
event.
•
On December 15, 2010
the Matrimonial Law Committee will have its annual Holiday
party at Peggy Kinnane’s in Arlington Heights, Illinois. The
cost is $40.00 per person and
there will be a cash bar. The
Board is encouraged to find
sponsors for both Holiday parties so that we can defray some
of the costs of the event.
•
The first dinner meeting of the fiscal year will take
place on November 10, 2010 at
The Meadows Club in Rolling
Meadows, Illinois. The special guest star for the evening is
Cheryl Niro, of Robinson, Niro
P.C. who will conduct a seminar on the ethical responses to
the changing legal marketplace.
Ms. Niro’s presence is being
sponsored by the Gerson Lehrman Group. Ms. Niro is one of
two women who have served as
Presidents of the ISBA.
There will also be Committee meetings scheduled at 5:30
that night. The four Committees that are having meetings
that night are Civil Litigation,
Criminal Law, Estate Planning
and Matrimonial Law. The cost
for NWSBA members is $60.00
for a great dinner at a wonderful new location along with two
MCLE credit hours.
•
Judge Karahalios retired
on October 7, 2010. Judge Kara-
halios has always supported this
Organization. It was recommended that Judge Karahalios
be an honored guest at a future
Pub Trawlers event.
•
Executive Vice President
Donald Cosley spoke with the
new Head Clerk at the Third
District with the hopes of obtaining an attorney line for the
Civil Division. As we are aware,
Criminal and Traffic Law attorneys have their own counter in
the Clerk’s Office located at the
Courthouse. It is believed that
having an attorney line in the
Civil Department will relieve
the congestion that frustrates so
many attorneys in trying to file
documents.
•
Treasurer William Kelley
reported that the Association
had a decent first quarter. Mr.
Kelley stated that this was due to
the advance payments of advertising revenue for Newsbriefs.
An examination of the Profit
and Loss Statement for the first
quarter indicates that the general
dues and referral dues amounts
are up along with the In-Court
Referral – Bar Days income.
Additionally, we have a slight
increase in referral fees. Added
to that is the fact that the golf
outing was a resounding success and Newsbriefs production
is below the budgeted amount
for the first three months of the
year.
•
There is a concern that the
Civil Litigation CLE had to be
cancelled in September because
of a lack of interest partially due
to the fact that the September
Newsbriefs did not come out
for most members until after the
event was scheduled. Additionally, we will be losing approximately 50 members who have
not paid their dues even after receiving official letters from the
Association advising them of
the termination of benefits.
•
President Lee DeWald has
drafted a letter to Canon requesting all repair tickets from Canon
and also a complete copy of the
Contract between the NWSBA
and Canon for the copier.
•
President DeWald also
reported that the Foundation
appears to be getting back on
track. That the Foundation will
be sponsoring a Wine Tasting
event at Vintages that will take
place before the Christmas Holiday. The Wine Tasting event
has been talked about for several
years among Board members. It
was decided by the Foundation
that this would be a good way of
kicking off their new policy of
raising funds through activities
in order to provide scholarship
money.
•
Executive Director Julie
Barth reported that the free Law
Student Application for membership in the NWSBA is now
on the website.
•
The Board unanimously
approved the contribution to the
Suburban Bar Coalition to cover
the costs of mailing their recommendations.
•
That Miriam (Mimi) Cooper will convene her Committee
in the near future to choose recipients of awards at the Holiday
party scheduled for December 8,
2010.
•
The following new members were unanimously approved for membership in the
NWSBA: Crystal Bush, Brian
LeVay, Scott Shinkan and Steve
Jesser.
Newsbriefs - 23
3 MCLE
Credits
N O RT H W ES T S U B UR BA N B A R A SS O C I A T I O N
Criminal Law Committee CLE
Presented by:
Thomas Kolodz, Chair
November 30, 2010
5:45 pm - 9:00 pm
Forest View Education Center
2121 S. Goebbert Road
Arlington Heights
BOARD/ARLINGTON ROOMS
$50 members / $100 non-members
After November 23, 2010:
$60 members/$110 non-members
Seminar will include a light
dinner and materials
New Case Law:
Search & Seizure
The seminar will begin promptly
at 5:45 pm. To receive full credit
attendees MUST be
checked in by 5:45 pm.
This program is appropriate for
ALL LEVELS
RSVP by November 23, 2010
to avoid late registration fees.
N O R T H W ES T S U BUR BA N
B A R A S S O CI A TI O N
800 E. Northwest Highway
Suite 418
Palatine, IL 60074
Phone: 847-221-2601
Fax: 847-221-2844
Email: jbarth@nwsba.org
Website: www.nwsba.org
Criminal 11.30.10
______________________________________________________________________
Name
ARDC #
_____________________________________
___________________________
Telephone
Email
Method of Payment: ___ Visa ___ MasterCard ___Check
_____________________________________ ____________
_________
Credit Card #
Expiration Date 3-digit Code
______________________________________________________________________
Billing Address on Card
____________________________________________
Signature
Newsbriefs - 24
SPACE FOR LEASE:
IDEAL ATTORNEY’S OFFICE LOCATION
REMODELED & UPDATED OFFICE
SPACE FOR LEASE IN MT. PROSPECT
2500 SQ FT WITH CONFERENCE
ROOM/FILE STORAGE AREA AVAILABLE
LOCATED 100 YARDS FROM TRAIN ON
MAIN ST (HWY 83) & NORTHWEST HWY
PRIVATE PARKING SPACES AND MANY
BUILT-IN FEATURES.
AVAILABLE OCT 2, 2010
CONTACT # 847 398 6644
Condolences
Bernice Robin, age 95, of Evanston passed
away on September 19, 2010. Services were
held on September 20, 2010.
Bernice was the mother of NWSBA member
Daniel Robin.
Newsbriefs - 25
NWSBA to Celebrate 50th Anniversary in 2010
It’s hard to believe how time flies! The NWSBA celebrated 50 years with a special 50th Anniversary and Installation Dinner on June 17, 2010. For the past couple of years we have been
going through our photo archives to help our membership get in the spirit of things. We thought
we’d continue to share more of them with you throughout this celebratory year. Do you know
who these people are? We are going to print their names from now on. However, if you have any
anecdotes or history that you may recall in regards to the picture please do not hesitate to send
an email to mikedsl@ameritech.net or write directly to Michael A. Meschino, 800 E. Northwest
Highway, Suite 503, Palatine, IL 60074.
NWSBA - A History in Pictures
32
Last Month’s
Photo: #31
We can positively identify
Past President, Dominic
Fichera (middle) and
think that the first gentleman on the left is Sam
LaSusa. Dominic, can
you help
us out with
the rest?
Feel Confident that your Public (Legal) Notices
are publishing with
Serving Counties of
Cook • DeKalb • Du Page • Grundy • Kane • Kendall • Lake • McHenry • Will
John G. Bieschke • Account Manager, Public (Legal) Notices
2383 N. Delany Road | Waukegan, IL 60087
Phone: 847.599.6933 • Fax: 847.599.6901
jbieschke@pioneerlocal.com
Newsbriefs - 26
NORTHWEST SUBURBAN BAR ASSOCIATION
Pub Trawlers
November
Thursday, November 18, 2010
5:30 - 8:00 p.m.
Location: Peggy Kinnane’s
8 N. Vail Ave., Arlington Heights
Special Guest: Judge Clare McWilliams
Event Sponsors:
FREE APPETIZERS & DRINKS
...until we run out of money. Make sure to get there early!
ADR Systems of America
Elite Deposition Services
Online Video Concepts, LLC
Premier Insurance Services, Inc.
Joshua Sorkin, Case Manager
312-224-0543
jsorkin@adrsystems.com
www.adrsystems.com
RafiArbel
312-970-9353
www.onlinevideoconcepts.com
Eddie Reeves
312-445-0005
reeves@elitedeps.com
www.elitedeps.com
DanielDuncan,President&CEO
Office|847.364.9994Fax|847.364.9993
ifundm@msn.com
www.premierinsures.com
&
TheNorthwestSuburbanBarAssociation
www.nwsba.org
Thank you to Judge Jill Cerone-Marisie
forbeingourspecialguestattheOctoberPubTrawlersEvent!
ThankyoutoourOctoberEventSponsors:
ADRSystemsofAmerica,EliteDepositionServices,OnlineVideoConcepts,LLC&
NorthwestSuburbanBarAssociation
Each month a new member, law firm, attorney, or judge will be featured as the special guest. This event will give all members the
opportunity to meet with one another in a relaxed, informal setting. This event is also open to any potential new members that may
be thinking of joining the association. Please feel free to bring all such interested parties. No reservations are required, however if
you know for sure that you will be attending, please send confirmation to Colin H. Gilbert at cgilbert@kbdpc.com or Nichole Waltz at
nwaltz@wpdlegal.com. If you would like to have yourself or your law firm be featured as a “Special Guest”, please feel free to e-mail
Colin or Nichole so that they can attempt to accomodate you.
800 E. Northwest Highway
Suite 418
Palatine, IL 60074
847-221-2601 www.nwsba.org
Newsbriefs - 27
Bulletin Board
This column is published as a service to our members. Commencing September 1, 2009 ads wiill be $20.00 per month Call 847-221-2601
REAL ESTATE TAX REDUCTION REFERRALS Amari & Locallo,
whose practice is confined exclusively to real estate tax assessment
process, is accepting referrals of commercial, industrial and multi-unit
residential properties (seven units or more) from fellow NWSBA attorARLINGTON HEIGHTS North. Small office in 4 atty suite. Conference
neys. Co-counsel fees provided: Note all properties in the North and
room, secretarial space, ample parking, fax/copier, immediate occupancy.
Northwest Suburbs are being reassessed in the year 2010. A&L also has
Call Lisa 847-253-7500.
offices in DuPage County to service the real estate tax needs of property
ATTRACTIVE SCHAUMBURG LAW OFFICE AVAIL. NOW. Office
avail. within active suite on Woodfield Road across from the mall. Floor owners in the collar counties: Lake , Will, Kane, McHenry, DuPage, etc.
Properties located anywhere in Illinois will be reviewed without cost or
to ceiling windows afford great view from the 9th fl. Suite includes reception, conf. room, copier, file room and phone system plus 10.5 by 12.5 commitment. Call Katherine Amari at (312)255-8550.
foot office for $750/mo. . Office with honest, reputable attorneys. Call
EVICTIONS/LANDLORD TENANT PROBLEMS/LEASES
Don Shaner 847-805-9891
Residential evictions from $350 +costs. I will handle this unhappy (no
one is happy in eviction court) area of law for you; experienced and
WHY RENT WHEN YOU COULD OWN ?– Small two story office
knowledgeable Attorney Mary Brady from Guthrie & Brady;
building for sale in Elk Grove Village. Let your tenants pay your rent.
847 524-1215. Other tenant problems $l50 per hour
Perfect for law offices. Great location and great investment. 847-3738777.
EXPERIENCED CRIMINAL DEFENSE ATTORNEY now available
SMALL OFFICE SPACE available for sub-lease in Arlington Heights in
for referrals and to cover court appearances and trials. Former Cook
nice building close to Rolling Meadows courthouse. Only $300 per
County Assistant State’s Attorney experienced in felony, misdemeanor,
month. Contact Sheila at (847) 870-3300.
DUI and traffic matters. Availability includes Cook County and sur-
Office Space
rounding counties. Availability upon short notice. Co-counsel fee
agreements.
Scott A. Biestek
(847) 255-6667 Office
(847) 903-5358
s.biestek@yahoo.com
FAMILY/MAT. LAW. Law Offices of Elliot Heidelberger is pleased to an- FORCLOSURE DEFENSE CASES: experienced in residential and
nounce that it is accepting ref. of Fam./Mat. Law cases heard in Chicago, commercial foreclosure defense and modification. Cook and all surSkokie, R.M. DuPage, Kane & Lake Cty. These include Pre & Post Judg. rounding counties. Call Steve Newland @ 847 549-0000
Div., Custody, Visitation, Removal of child to another state, support, parentage, adoptions, pre-nups., & all other phases of mat. cases. Elliot also
acts as a mediator and is on Ck. Cty. app’d childs rep. list. Call Elliot to
discuss issues or questions @ 630-289-4000
SUPER LAWYER & AV rated Employment Lawyer in Skokie. Laurie J.
Wasserman represents clients in statutory claims for discrimination (including disability, sex [including sexual harassment, sexual orientation, and
glass ceiling], pregnancy, age, religion, race, and national origin), Family and Medical Leave Act, and Wage and Hour; and drafting/litigation re
employment contracts, non-compete agreements, trade secrets agreements,
retaliation and whistleblowing. Telephone: (847) 674-7324;
Email: ljw@webemploymentlaw.com; Web: www.webemploymentlaw.co
Referrals
PROBATE & CHANCERY LITIGATION & PROBATE ADMINISTRATION.
Avble for referrals, consultations and assistance w/regard to Probate Contests and Administration & Chancery Litigation (Probate-related, Trusts,
Family disputes, Accounting and Partition, & more) Call Cary Lind 847577-0030.
WORKER’S COMPENSATION Attorney accepting and looking forward
to working with your referrals. Serving Cook, Lake, McHenry, DuPage and
Kane Counties. Gary A. Newland (847) 797-8000.
WHY WASTE TIME? Very experienced Per Diem attorney available to
cover any type of court appearance, i.e., motions, trial calls, pre-trials,
status calls, case management conferences, etc., at any courthouse in
Cook, Lake, McHenry, Kane, DuPage, Will, Grudy, DeKalb, Kendall,
Boone, Winnebago, and Kankakee Counties, etc. Emergency calls are
fine. I may be briefed by phone and material FAXed. Very reasonable
fee. Law clerking services available-will handle filings, etc. Please call
Karen Lake at (312)726-6920.
Northwest Suburban Bar Association
800 E. Northwest Highway, Suite 418
Palatine, IL 60074
Phone: 847-221-2601 Fax: 847-221-2844
Attorney Referral: 847-221-2681
www.nwsba.org
Non-Profit
Organization
U.S. Postage Paid
Palatine, IL 60095
Permit No. 2522
Newsbriefs - 28
CALENDAR
November 3
Estate Planning CLE
November 9
Board of Governors Meeting
November 10
Dinner Meeting
November 11
Office Closed in Observance of Veterans Day
November 18
Pub Trawlers
November 30
Criminal Law CLE
December 8
NWSBA Holiday Party
December 14
Board of Governors Meeting
December 15
Matrimonial Law Committee Holiday Party