Illinois Supreme Court Justice Lloyd A. Karmeier announced Tuesday that an application process has begun for a Circuit Court vacancy in Wayne County, Second Judicial Circuit.

The resident Circuit vacancy is being created by the announced resignation of Circuit Judge Bennie Joe Harrison, effective November 30, 2013.

Under the Illinois Constitution, the Supreme Court holds the authority to fill interim judicial vacancies.

Justice Karmeier uses a committee to evaluate and interview applicants before making a recommendation to the Court for vacancies in the Fifth Judicial District.

Applicants must submit a cover letter with the Requested Information of an Applicant Form to:

• Justice Lloyd A. Karmeier
• Supreme Court of Illinois
• P.O. Box 266
• Nashville, IL 62263

The form may be obtained from the office of Chief Judge Stephen G. Sawyer of the Second Judicial Circuit in Mt. Carmel; or from Wayne County Circuit Clerk Sharon Gualdoni; or from Resident Circuit Judge Bennie Joe Harrison at the Wayne County Courthouse; or from Justice Karmeier.

Applicants' cover letter and completed form must be received in Justice Karmeier's office no later than Friday, October 3, 2013. The person appointed to fill the vacancy will serve until the position is filled through the November 2014 General Election. The appointment will terminate December 1, 2014. To be eligible for appointment, a person must be a resident of Wayne County at the time of the appointment.

Chief Justice Thomas L. Kilbride of the Illinois Supreme Court and Chief Judge Dan L. Flannell of the Sixth Judicial Circuit announced on Friday that news cameras will be allowed in trial courts in six additional Illinois counties.

The Sixth Judicial Circuit is comprised of Champaign, DeWitt, Douglas, Macon, Moultrie and Piatt counties in east central Illinois. With today's announcement, total participation in the pilot project rises to 35 counties within 13 judicial Circuits.

“Cameras and microphones in the courtroom now reach citizens in more than one half of the judicial circuits and one third of the counties in Illinois," Chief Justice Kilbride said. "Chief Judge Flannell's application and approval by the Supreme Court to allow cameras in the trial courtrooms will bring more geographical diversity to the pilot project.

After Governor Quinn vetoed the appropriation for lawmakers' salaries until they fix the pension system, they responded with a lawsuit challenging his constitutional authority to do so. In the new issue of The Public Servant, newsletter of ISBA's Standing Committee on Government Lawyers, Tiffany Elking looks at the lawsuit and the reasoning behind it.

The plaintiffs make several arguments. The most technical is that the actual line-item veto didn't go far enough, striking only the itemized compensation for members and not the total for their salaries (Elking nicely illustrates this by showing the Governor's strikethroughs). Consequently, "the lump sum for the base salaries [and] additional salary to party leaders" leaves money in the pot that must be used to pay legislators.

And even if the veto passes that test, the plaintiff's argue, it violates Article IV, Section 11 the Illinois Constitution by making salary changes midterm ("changes in the salary of a member shall not take effect during the term for which he has been elected").

But the most compelling argument is an appeal to common sense. "If one branch is able to unilaterally have so much power over another, where would it stop?" Elking asks. "[I]t does not seem to make sense to allow any Governor the ability to suddenly withhold the pay of the legislators based on a single legislative issue....[E]very single issue the legislature deals with is important to someone or some constituent."

The Illinois Supreme Court announced Thursday that Justice Rita B. Garman will be its next Chief Justice, continuing her remarkable and unprecedented journey to the top of the state's judiciary.

Justice Garman was chosen unanimously by her fellow justices to succeed Chief Justice Thomas L. Kilbride, who will leave a notable legacy of achievement when his term as Chief concludes October 25. Justice Garman will become the 119th Chief Justice of the Illinois Supreme Court when she assumes the position beginning a three-year term on October 26.

She will become the second woman in Illinois to be Chief Justice and the second woman to head one of the three branches of government in Illinois. Her selection as Chief Justice on the seven-member Court culminates her long service to the people of Illinois. There are more than 950 judges in Illinois, and Justice Garman has served in the judiciary longer than all of them--except one.

She first wore the judicial robe in 1974 as an associate judge in Danville in the 5th Judicial Circuit, and will mark her 40th anniversary as an Illinois judge next January 7.

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil case Coram v. State of Illinois and the criminal case People v. Aguilar.

CIVIL

Coram v. The State of Illinois

By Alyssa M. Reiter, Williams, Montgomery & John Ltd.

The Illinois Supreme Court found a way to interpret the state and federal statutory gun control schemes so as to avoid reaching the issue of constitutionality of section 922(g)(9) of the federal act.  The issue divided the Court, resulting in concurring and dissenting opinions.  And, the concurrence suggests that the constitutionality issues will soon arise again.

ISBA President Paula H. Holderman interviews Judge Diane Wood of the U.S. Court of Appeals for the 7th Circuit about issues facing the court. Judge Wood will become the first woman to serve as Chief Judge of the 7th Circuit when she assumes the post on Oct. 1. Watch the video below to hear what Judge Wood had to say.

The strain of deployment isn't just felt by Servicemembers. Military families live with the pressures of war thousands of miles away. Lengthy separations, the realities of single parenting, financial stress, constant worry for loved one's safety and difficult communications takes a toll that is sometimes irreparable.

Military Families need local legal assistance.

What should be a joyful reunion can turn painful when family life becomes an unexpected casualty of war. The life they thought they were getting back, in some cases, has ceased to exist. Military families often need local legal help or mediation to face failing marriages, custody and child support issues, and the division of assets.

Sometimes they need help moving forward.

An attorney from their community who understands the intricacies of the state and federal laws affecting military personnel and family law is the kind of advocate military families need most.

Learn how you can help. 

To sign up please go to – http://militarylegalsupport.com

Are you an attorney, architect, engineer, contractor, or professional working in the construction field? Then don’t miss this informative, full-day seminar in Chicago on October 11^th that’s designed to help you better represent your client’s increasingly complex construction projects! Attendees with basic practice experience who join us for this seminar will better understand: the different types of risks associated with construction projects; the insurance policy coverages and exclusions that apply to construction defect cases; the common commercial general liability insuring issues for personal injury claims; Builders Risk policies; using wrap-up insurance products for construction projects; the insurance requirements and issues for design professionals, including architects and engineers; the concept and enforcement of performance and payment bonds on private and public construction projects; and recognizing the ethical issues and concerns that may arise throughout your construction law practice.

The program qualifies for 6.5 hours MCLE credit, including 1.0 hour Professional Responsibility MCLE credit (subject to approval) and is presented by the ISBA Commercial Banking, Collections & Bankruptcy Section, the ISBA Construction Law Section, and the ISBA Insurance Law Section.

Asked and Answered

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

Q. I am the managing partner in an eight attorney firm in Chicago. We are having problems with office staff members getting along. Office conflict is rampant. Any suggestions?

A. You should begin by identifying some of the causes. Poor communications often can be the root cause of such problems. Interview each of your staff members individually and probe. What do they think? Is communications a problem? Are roles, duties, and responsibilities clarified? Lack of clarity can in these areas can lead to turf wars. You may want to design job descriptions for each employee and clarify roles, duties, and responsibilities for each employee. Conduct short weekly staff meetings to enhance communications. Use agendas. Take and publish notes of the meetings. Advise every one of your expectations including all members working together as team members. Let them know that working together as a team is a performance factor that will be considered in performance evaluations and reviews. Conduct periodic performance reviews. Counsel and take action against problem employees.

Maybe it is time to hire a firm administrator or business manager and let them deal with it.

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