Practice News

As the next step in his efforts to give increased focus and resources to pretrial services operations, Circuit Court of Cook County Chief Judge Timothy C. Evans today announced that he has appointed an assistant chief and two deputy chiefs to lead the Pretrial Services Division of the Adult Probation Department.

The three individuals selected by Chief Judge Evans, their titles and responsibilities are as follows:

• Juan Hinojosa, Assistant Chief to oversee the entire Pretrial Services Division;
• Connie Williams, Deputy Chief for Chicago pretrial services operations in Central Bond Court; and
• Michael Callahan, Deputy Chief for suburban pretrial services operations in Skokie, Rolling Meadows, Maywood, Bridgeview and Markham.

The Illinois Bar Foundation has approved 30 grants totaling $242,500 which will be distributed to nonprofit legal aid organizations statewide.

Illinois Bar Foundation grant recipients for FY14 are:

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases People ex rel. Madigan v. Burge and Kanerva v. Weems.

People ex rel. Madigan v. Burge

By Michael T. Reagan, Law Offices of Michael T. Reagan, Ottawa

People ex rel. Madigan v. Burge, which involves great  public interest because of the alleged actions of defendant while supervisor of the Violent Crimes Unit detectives of an area for the Chicago Police Department, ends, as it began in the circuit court, with the conclusion that the circuit court lacked subject matter jurisdiction to consider this case. The reasoning and judgment of the circuit court were affirmed; the appellate court was reversed.

In 1997 Jon Burge applied for and received pension benefits from the policemen’s benefit fund. In 2003, a federal civil rights lawsuit was filed by a plaintiff who alleged that he was tortured and abused by officers under Burge’s command. In answers to written interrogatories in that suit, Burge denied under oath having knowledge of, or participating in, the torture or abuse of persons in custody of the Chicago Police Dept. In 2010, Burge was convicted of felonies for making false answers to interrogatories.

When the Illinois Supreme Court in March struck down the state's eavesdropping law as overly broad and thus unconstitutional, lawmakers were under pressure to quickly draft a new law to protect the privacy interests of citizens whose conversations may now be recorded without their consent.

Just before the General Assembly recessed in May, the Senate passed a new eavesdropping law (HB 4283), but the House adjourned before taking action on a Senate amendment.

The definition of private conversation under the Senate's amendment of HB 4283 is any communication between two or more persons intended to be of a private nature under circumstances "reasonably justifying that expectation."

The Senate amendment, however, contains exemptions that allow police officers, with permission from prosecutors, to record conversations as part of felony criminal investigations without a judicial warrant. Baker and representatives from the American Civil Liberties Union object to those exemptions, and they are likely to be the subject of continued debate when the General Assembly reconvenes. Find out more on the July Illinois Bar Journal. The implications of not having an eavesdropping law in place are nicely summarized by John Roska of the Land of Lincoln Legal Assistance Foundation in the Champaign News-Gazette.