The Illinois Supreme Court announced on Monday a special committee to study and formulate proposals to help those facing the loss of their homes and improve the judicial process in mortgage foreclosures throughout Illinois.
The proposal was brought to Chief Justice Thomas L. Kilbride and the Supreme Court by Supreme Court Justice Mary Jane Theis, who noted the problem isn’t easing. At the end of 2010, there were approximately 70,000 mortgage foreclosure actions pending in Cook County alone.
Chief Justice Kilbride was instrumental in bringing a foreclosure mediation program to Will County and is looking at instituting additional programs in his Third Judicial District across north central Illinois. Cook County has a mediation program that was specifically recognized by the White House at a Washington D.C. conference sponsored by Vice President Joseph Biden’s Middle Class Task Force.
“These have been important steps forward for those who are faced with the loss of their homes due to declining home values and our nation’s economic crisis, but the problem isn’t going away,” said Chief Justice Kilbride. “The Supreme Court has a keen interest in programs with the strong promise of achieving timely and lasting resolution to tough problems, and we believe this select Committee can come up with specific solutions to help families cope with the emotional and financial burdens of those facing such a devastating loss.”
The Committee consists of 14 persons who have been on the front lines in dealing with the housing crisis, how it affects home-owning families as well as the lenders. They are judges, bankers, lawyers, a law professor and an official from the Illinois Attorney General’s office which has joined the nation’s other attorneys general in probing alleged abuses by lenders in their foreclosure filings
“While the economy appears to be making some progress the foreclosure crisis remains a serious societal problem,” said Justice Theis. “It is important that the Court try to do what it can to lend some stability and certitude to what is a financially and emotionally chaotic process. Mortgage foreclosure proceedings in Illinois need to be fair, efficient and final—not subject to later legal challenges.
“Many homeowners in foreclosure cases cannot afford to hire a lawyer to represent them. They may not understand the proceedings against them and they don’t know if lenders have taken shortcuts by false documentation. We need to provide protocols that are uniform and exist throughout the state to deal with the explosion of foreclosures that drive down property values and destabilize neighborhoods.”
Practice News
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April 11, 2011 |
Practice News
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April 11, 2011 |
Practice News
[caption id="attachment_18781" align="alignright" width="143" caption="M. Carol Pope"][/caption] Justice Carol Pope, currently serving on the Fourth District Appellate Court, has announced her candidacy for the Republican nomination to fill the vacancy created by the appointment of Justice Sue Myerscough to the Federal District Court. Justice Pope has served on the appellate court since Dec. 1, 2008. Prior to that she served for 17 years as the Resident Circuit Judge of Menard County in the 8th Judicial Circuit. Justice Pope also served as the Menard County State’s Attorney from 1984-1991. Justice Pope graduated magna cum laude in 1975 from the University of Illinois, where she was named to the Bronze Tablet, the university’s highest recognition of academic excellence. She obtained her Juris Doctor degree with honor from DePaul University College of Law in 1979 where she was Lead Articles Editor of the Law Review. Justice Pope, by the election of her peers, currently serves as Third Vice President of the Illinois Judges’ Association (IJA), an organization of over 1,100 active and retired judges. She will serve as President of the IJA in 2013-2014.
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April 8, 2011 |
Practice News
U.S. Rep. Judy Biggert (R-IL-13th) of west suburban Hinsdale will receive the American Bar Association’s Congressional Award on April 12 for her support of legislation to protect funds that help low-income families who need legal assistance. The legislation, H.R. 6398, requires the Federal Deposit Insurance Corporation to fully insure Interest on Lawyers Trust Accounts. The interest generated from these accounts provides funding for civil legal services for people near or below the poverty line, including the working poor, low-income veterans and persons with disabilities. IOLTA is one of the largest funding sources for free legal services in the country, supporting legal aid offices and pro bono programs in all 50 states, the District of Columbia and the Virgin Islands. “At some point, almost everyone needs access to sound legal advice, whether it’s to write a will, sign a contract, or navigate the justice system,” said Biggert, a former attorney who specialized in real estate, estate planning and probate law. “This is a simple way we can help ensure that low-income Americans have access to legal help when they need it most – without placing the burden on taxpayers. I appreciate the support of the ABA, and I’m pleased we were able to send this important legislation to the President’s desk.” “Protecting IOLTA is a zero-cost, common sense way to help struggling Illinois families — Rep. Biggert’s support was crucial,” said ABA President Stephen N. Zack. This bill was signed into law Dec. 29, 2010. Click here to view a photo gallery from the awards ceremony.
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April 8, 2011 |
Practice News
Illinois Supreme Court Chief Justice Thomas L. Kilbride has developed a screening process to interview and assess the qualifications of applicants to the position of Circuit Court Judge in the Tenth Judicial Circuit. Request an application at www.state.il.us/court/SupremeCourt/Applications/10thApplicationForm.asp
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April 7, 2011 |
Practice News
The Illinois Supreme Court released one opinion today in the criminal case People v. Holmes.
CRIMINAL
People v. Holmes
By Kerry J. Bryson, Office of the State Appellate Defender Defendant, an Indiana resident with a valid Indiana handgun permit, was charged with two counts of aggravated unlawful use of a weapon (AUUW): one count for carrying an "uncased, loaded, and immediately accessible" firearm in his vehicle, and the other for carrying a firearm in his vehicle without having been issued a currently valid FOID Card. The charges arose out of a traffic stop in Chicago, where police found a handgun in the armrest of the backseat of defendant's vehicle. That armrest was closed and latched at the time. The gun was unloaded, although the clip was in defendant's pocket. Under the Court's recent decision in Diggins, 235 Ill. 2d 48 (2009) (holding that a vehicle's center console is a case), defendant's conviction under the first count could not stand because the backseat armest fell wtihin the meaning of a "case" under the statute. There was no dispute that the armrest was closed and latched, and thus the gun was enclosed in a case. As to the second count, the Court concluded that the AUUW statute must be read in conjunction with the FOID Card Act to determine whether defendant was exempt from having a valid FOID Card because he had a valid Indiana handgun permit. -
April 7, 2011 |
Practice News
Colleen Sahlas won't give you a single good reason to get paid up front -- she'll give you five good reasons. Here's one, from her article in the latest ISBA Real Property newsletter: "You could potentially delay your clients’ closing by 3 days or more if your attorney fee increases the buyer’s annual percentage rate by 0.125% or more as reflected on the Truth-in-Lending disclosure. The lender must incorporate all charges which will be on the HUD-1 at closing. That includes your attorney fee." Read the other four.
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April 7, 2011 |
Practice News
By Peter LaSorsa Electronic discovery has been the hot litigation issue for a few years now. Probably at the forefront of electronic discovery is email. I would hasten to say everyone in the business world utilizes email, except those still clinging to their Luddite ways. There was a recent case that involves email in the United States Court of Appeals for the Sixth Circuit that is worthy of mention. In United States v. Warshak[1] the Court held that email might be private and constitutionally privileged. The Court ruled the portion of the Stored Communications Act that allowed the government to access Internet Service Providers “(ISP”) stored emails older than 180 days with just a subpoena or court order unconstitutional. I believe this is the first such statement by a court on this level. In short the Court said that email stored with commercial ISP’s have the same Fourth Amendment expectations to privacy and actual protections of privacy as phone calls and letters. In this case, the government issued a subpoena to the ISP requesting and receiving 27,000 emails from Steven Warshak. Those emails were utilized to help secure at 25-year prison sentence. The problem was the subpoena allowed the government to secretly get access to the emails without the knowledge of Warshak or without a search warrant. In affect, the government by-passed the constitutional mechanisms of obtaining a search warrant and therefore, the constitutional protections afforded Mr.
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April 6, 2011 |
Practice News
Asked and Answered By John W. Olmstead, MBA, Ph.D, CMC Q. I have a general practice firm in Southern Missouri. I am the sole owner and I am 64 years old. There are three associates in the firm and four staff members. I have recently been giving some thought to my future, what to do with the practice, and how to salvage any sweat equity or value from the practice when I am ready to retire. The problem is that I love my work and really want to work forever. Suggestions? A. Succession and exit questions are a hot topic in law firms of all sizes today. I find that in small firms it is not unusual for partners and owners to want to work as long as they can. In fact, in approximately 75%-80% of the firms that I am working with this is the case. Many attorneys enjoy their work and obtain great fulfillment from the work that they do. The key is to start early and develop a transition strategy and plan. In your situation since you, health permitting, want to practice as long as you can, a sale of your practice is not really your best option. I would think that you need to focus on grooming your associates and gradually, over a phased basis, transitioning interests to them. Get a feel for the value of the practice, put together a firm financial profile and a quality proposal, dress up your financials, and sit down with you associates and discuss your ideas and plans with them. Determine their state of readiness.
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April 5, 2011 |
Practice News
The Illinois Supreme Court announced today that the Twelfth Judicial Circuit judges voted to select Brian E. Barrett as an associate judge of the Twelfth Judicial Circuit. Mr. Barrett received his undergraduate degree in 1995 from DePaul University and his Juris Doctor in 1999 from Chicago-Kent. Mr. Barrett is currently engaged in solo practice in New Lenox, Illinois.
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April 4, 2011 |
Practice News
The Illinois Supreme Court has appointed Richard James Lannon Jr. as Resident Circuit Judge of the Thirteenth Judicial Circuit, LaSalle County. The appointment is effective on April 18, 2011 and terminates on Dec. 3, 2012.
