Case law updateBy Lee Ann SchoeffelSeptember 2005Rodriguez v. Sheriff’s Merit Comm’n of Kane County., 355 Ill. App. 3d 676 (2nd Dist., February 4, 2005).
Case law updateBy Lee Ann SchoeffelFebruary 2005Appellate court erred when it approved of trial court's use of contempt petition to order detention of minor defendants in response to violation of terms of court supervision imposed as result of guilty plea to municipal ordinance.
Communications and confidentiality issues: A cautionary taleFebruary 2005As conversations over mobile communications are often not conducted in private areas, lawyers should refrain from using such forms of communication when discussing confidential client matters, unless they are confident that the general public cannot overhear the conversation
Discipline of public sector attorneys: Some recent dispositions of interest from Illinois and other statesBy Rosalyn B. KaplanSeptember 2005In re Nelson, Ill. Sup. Ct. No. M.R. 19657 (November 17, 2004). The Illinois Supreme Court ordered a 90-day suspension of Ms. Nelson’s license to practice on the basis of her breach of fiduciary duty to her client and her use of client confidences without the client’s consent, in violation of Rule 1.6(a) of the Rules of Professional Conduct.
Government lawyers loan forgiveness legislation struggles to find supportBy Paul A. LogliJune 2005The current version of the Prosecutors and Defenders Incentive Act, a government lawyer loan forgiveness bill, was introduced in the 109th session of the U.S. Congress by Representative David Scott of Georgia.
In-sitesBy Kathryn A. Kelly & Dion DaviSeptember 2005All too often we take our writing for granted. We’re lawyers, we rationalize, we know how to write!
In-sitesBy Rosalyn B. KaplanFebruary 2005In the November 2003 edition of this newsletter, I introduced you to the ARDC's Web site and told you that portions of the site were still under construction.
ISBA recognizes senior government lawyersJune 2005Fllowing the Committee on Government Lawyers' CLE presentation "Basics of the Legislative Process" on March 7, 2005, the committee hosted a networking reception in Springfield to honor nine Senior Government Lawyers for their years of service-to government and to the bar.
Legislation previewBy Lynn Patton & Cynthia I. ErvinJune 2005The 94th General Assembly convened on January 12, 2005. To date, 6,198 bills have been filed for consideration by the General Assembly.
Legislative updateDecember 2005The 94th General Assembly convened on January 12, 2005. Approximately 6,198 bills were filed for consideration by the General Assembly.
New amendments to the Open Meetings Act require Web site postingBy Galen T. CaldwellSeptember 2005Public Act 94-028, effective January 1, 2006, amends the Open Meetings Act (5 ILCS 120/1 et seq.) to require that: (1) notices; (2) agendas; and (3) minutes of regular meetings of a public body be posted on the public body’s Web site.
News you can useBy Marc Christopher LoroFebruary 2005A Sangamon County judge has entered an order that enjoins the Illinois Department of Children and Family Services (DCFS) from using lay persons to represent it at its administrative hearings.
Price v. State of Illinois: complaint against State’s Attorney must go to Court of ClaimsBy Galen T. CaldwellJune 2005In Price v. State of Illinois, 354 Ill. App. 3d 90, 820 N.E.2d 104, 289 Ill. Dec. 596 (2004), the appellate court held that because a State's Attorney is a State employee who was acting within the scope of his employment during a sentencing hearing, the circuit courts lack subject matter jurisdiction to hear actions brought against the State's Attorney and related vicarious liability claims against the State of Illinois arising from acts performed within the scope of the State's Attorney's employment.
Public defender liabilityBy Patrick J. HughesJune 2005In December 2000, the Illinois Supreme Court affirmed that sovereign immunity does not bar an action against the attorneys of the Cook County Public Defender's Office for negligence allegedly committed in the course of representing an indigent criminal defendant, pursuant to an appointment by the circuit court.
Someone you should know: The Honorable Nancy J. KatzBy Donna Del PrincipeSeptember 2005Judge Nancy J. Katz was concerned with justice long before she became a judge. While pursuing an undergraduate degree in sociology and criminal justice at Northeastern Illinois University, Judge Katz worked in a domestic violence shelter in the Uptown neighborhood of Chicago.
Veto session updateDecember 2005The Illinois General Assembly recently concluded its fall veto session schedule. The following is a brief summary of the legislative action that occurred during the veto session which may be of interest to the government bar.
