The Illinois Supreme Court on Tuesday appointed Associate Judge Richard A. Brown to fill the Circuit Court vacancy created by the retirement of Judge William A. Schuwerk Jr. The appointment is effective Wednesday, July 14. Judge Brown is a lifelong resident of Randolph County, served as the county’s public defender for 18 years, maintained a private law practice in the county for more than 25 years and has served as an associate judge since 2004. He has received excellent judicial advisory poll results conducted by the Illinois State Bar Association. Judge Brown is the only candidate seeking to succeed Judge Schuwerk, and will be unopposed on the November ballot. Supreme Court Justice Lloyd A. Karmeier made the recommendation to the full Court after Chief Judge C. John Baricevic of the 20th Circuit requested that the vacancy be filled before the election.

CRIMINAL

People v. Boeckmann

By Kerry J. Bryson, Office of the State Appellate Defender These consolidated cases involved a constitutional challenge to Section 6-206(a)(43) of the Illinois Vehicle Code, the statutory provision which requires suspension of driving privileges for 90 days for any person receiving court supervision for unlawful consumption of alcohol under 21 years of age. The circuit court held that the statute, as applied, violated due process because a vehicle was not involved in the commission of the offense. The Supreme Court disagreed. The purpose of 6-206(a)(43) is to "promote the safe and legal operation and ownership of motor vehicles." Suspension of driving privileges bears a rational relationship to that purpose because "young people who have a driver's license and consume alcohol illegally may also drive after consuming alcohol regardless of whether a motor vehicle is involved." And, the suspension of driving privileges is a reasonable method of furthering the public interest in safe and legal operation of motor vehicles, despite the absence of a vehicle or any plan to drive. So, for persons under 21, it doesn't matter if a vehicle is involved in the commission of the offense of unlawful consumption of alcohol. It doesn't even matter if a person under 21 who commits the offense of unlawful consumption of alcohol contemplates driving or not.

Justice Rita B. Garman of the Supreme Court of Illinois has begun an application process for a Circuit Court vacancy in the Seventh Judicial Circuit. The vacancy was created by the appointment of Justice Thomas R. Appleton to the Fourth District Appellate Court on June 4, 2010. Justice Appleton has been an at-large Circuit Judge in Springfield since 1992. Under the Illinois Constitution, judicial vacancies are filled by Supreme Court appointment. The application process will lead to final Court approval. The applicants will undergo an evaluation and screening process. Notices of the vacancy has been posted in courthouses throughout the Circuit. The application form and instructions may be obtained by visiting the Illinois Supreme Court’s website at www.state.il.us/court and follow the instructions on the “Latest News” scroller announcing the Seventh Judicial Circuit vacancy. Applications must be submitted via mail to:

• Supreme Court of Illinois
• 3607 North Vermilion, Suite 1
• Danville, Illinois 61832

No electronic or facsimile applications will be accepted. Deadline for submission of applications is Friday, July 16, 2010. The person appointed to fill the vacancy will serve until the position is filled by election in November, 2012. To be eligible for consideration for appointment, the applicant must be a lawyer licensed to practice law in Illinois. The Seventh Judicial Circuit is comprised of six counties: Greene, Jersey, Macoupin, Morgan, Sangamon and Scott counties.

Justice Thomas L. Kilbride of the Illinois Supreme Court announced Monday an innovative mediation program to help ease the financial and emotional burden of homeowners, lenders and taxpayers caused by residential mortgage foreclosures. Justice Kilbride, appearing with Chief Judge Gerald R. Kinney of the Circuit Court of Will County, said the foreclosure mediation program also is aimed at keeping families in homes to prevent vacant and abandoned houses that drive down property values and destabilize neighborhoods. The Illinois Supreme Court approved the program which will operate with no additional expense to taxpayers and be sustained by an increase in filing fees paid by lenders and other plaintiffs seeking to foreclose. “This is an important step forward for those in Will County suffering the effects of our nation’s economic crisis,” said Justice Kilbride. “The Supreme Court has a keen interest in programs with the strong promise of achieving timely and lasting resolution to tough problems. “We are grateful to Chief Judge Kinney and those in the community who helped formulate the details from concept to a working model. We are hopeful it will help families cope with some of the emotional and financial burdens brought on by the current economic difficulties, and help give them a new start on their way to better times.” Chief Judge Kinney first brought the proposal to Justice Kilbride, and worked with the Administrative Office of the Illinois Courts, the administrative arm of the Supreme Court, to refine and finalize details. He also has discussed the plan with lawyers for lenders and debtors in the community.  He expects the program to be up and running within a month. “Obviously, this is an attempt to begin to solve a serious societal problem,” Chief Judge Kinney said. “Foreclosures are tearing up our neighborhoods and our communities. This is an effort to lend some stability to what could be a financially and emotionally chaotic process. It’s a way for the courts to help address some of these community problems.” Judge Kinney believes that Will County has a rate of foreclosure as high as any other area in the state. From June 2008 to June 2009, there were 5,541 foreclosures filed in Will County, and that number is increasing. Judge Kinney estimates that between 2,700 and 3,000 cases would be screened annually for mediation.