Chief Justice Rita B. Garman and the Illinois Supreme Court have scheduled a special evening session of oral argument on Tuesday, March 17, and have invited Gov. Bruce Rauner and the entire Illinois legislature to observe the Court in session. It is uncertain when an evening session was last held in the Illinois Supreme Court Building, but it is believed to have been more than a century ago.

The Court will hear oral arguments in a case involving an amendment passed by the legislature to the Illinois Juvenile Court Act. A portion of the amendment was ruled unconstitutional by a Circuit Court and the case is on direct appeal to the Supreme Court.

Chief Justice Garman explained that the special evening session is an opportunity for members of the General Assembly to observe first-hand the interaction of the functions of the three branches of government and the operation of the checks and balances essential to our system.

"The case involves an amendment that was debated and passed by the legislature, signed by the Governor, applied by the State in an individual case, challenged by a defendant, and declared unconstitutional by the Circuit Court," said Chief Justice Garman. "It affords a window into how our constitutional system operates and the balance among the executive, legislative, and judicial branches."

Circuit Clerk Keith S. Brin today announced the launch of his office’s 2015 Summer Internship Program. The application process opens on Monday, March 16th.  Ten paid full-time summer internships will be available.  

The internship program, dubbed the New Initiatives Internship, provides undergraduate and graduate students the opportunity to gain experience and exposure to public service and government.  Interns will work extensively on outreach and program development.     

“Interns in our office will be doing meaningful work,” explained Circuit Clerk Brin.   The internship experience is designed to be a hands-on experience.  Students working as interns in the Circuit Clerks office will learn how the different pieces of government and law are inter-connected and fit together to make the big picture work.   

 “Not only does the internship provide a chance for college students to earn money over the summer, but it also provides them with exposure to people, places, contacts and a professional work environment that will, ultimately, give them a truly competitive edge in the job market, “ said continued Brin.   

The application process, expected to be highly competitive, opens March 16th.  Applications will be available on the Circuit Clerks website.    

Interns must be enrolled full-time in an accredited college or university, demonstrate strong written and verbal communication skills, and possess the ability to work in a fast past environment.  

The Illinois Supreme Court announced Thursday that April G. Troemper, who presently serves as Associate Judge in the Seventh Judicial Circuit, has been appointed as at-large Circuit Judge for that Circuit.

Judge Troemper was appointed to fill the vacancy created by the retirement of Judge Patrick J. Londrigan on December 8, 2014. Judge Londrigan had served as Circuit Judge since 2004. Judge Troemper’s appointment is effective April 2, 2015, and will continue until the position is filled by the November 2016 General Election.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Wills deposited with county recorders (Senate Bill 1596), Insured’s Independent Counsel Act (Senate Bill 1296), Guilty pleas (House Bill 2569), Administrative Review Law (Senate Bill 1447), Wrongful Death Act (House Bill 2713) and Amends the Consumer Fraud and Deceptive Business Practices Act (House Bill 2691). More information on each bill is available below the video

Wills deposited with county recorders. Senate Bill 1596 (Kotowski, D-Park Ridge) amends the Counties Code to allow a county recorder to implement a county will depository. If the recorder does create a depository, it must also provide a form affidavit for a depositor of a will to file with the deposited will. States the requirements of the form affidavit. Provides for the duties of the county recorders for acceptance of wills, storage of wills, release of wills, and destruction of wills. Provides for different fees the county recorder may charge. Scheduled for hearing next Tuesday in Senate Judiciary Committee.

Illinois Rule of Professional Conduct 1.15 regulates the safekeeping of client funds. In most cases, this means depositing client funds into an IOLTA account (IOLTA stands for "interest on lawyers trust accounts").

If there's an overdraft on an attorney's IOLTA account, amendments to Rule 1.15 implemented in 2011 require the bank holding the account to notify the ARDC. And the investigation that often follows such a notice can expose bookkeeping lapses that result in disciplinary action.

Michael P. Downey, a partner at Armstrong Teasdale in St. Louis who represents attorneys before the ARDC, says the overdraft notice and other 2011 changes to Rule 1.15 are a game changer for Illinois practitioners. The rule now requires attorneys to maintain accurate records of all funds entering and leaving their IOLTA accounts. It also requires them to retain copies of client retainer agreements, bills sent to clients, and applicable bank records, among other documents. Unsuspecting attorneys who accidentally overdraw their IOLTA accounts may be in for a more in-depth examination of their record keeping practices. Find out more from Matt Hector's article in the March Illinois Bar Journal.

Q. I’m about to participate in a trial that may receive some publicity. Do any rules govern what I can and cannot say to the press?

Don’t miss this annual event in Quincy on Friday, March 27, 2015 that helps you strengthen your professional excellence, while updating your knowledge in a number of general practice areas! Topics include: search and seizure, guardians ad litem, legal writing, elder abuse, eavesdropping, courtroom administration, employment law updates, and medical marijuana. General practice attorneys with basic to intermediate levels of experience will benefit from attending this informative seminar.

The seminar is presented by the ISBA General Practice, Solo and Small Firm Section and co-sponsored by the Adams County Bar Association. It qualifies for 6.0 hours MCLE credit, including 1.0 hour Professional Responsibility MCLE credit (subject to approval).

Click here for more information and to register.

Asked and Answered

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am the managing partner of a 17-attorney firm in San Francisco. We have a firm administrator that we hired four years ago and he manages our financial and HR matters. I haven't a clue as to what goes on financially and this is becoming more of a concern for me and my other partners. Your thoughts would be appreciated.