2004 Articles

2004 Annual Illinois Judicial Conference: Thursday, October 21, 2004, 9:30 a.m.—Holiday Inn Chicago City Centre, Chicago, IL By Mary Ann G. McMorrow December 2004 Ladies and Gentlemen, Good Morning. My name is Mary Ann G. McMorrow and it is my great honor and distinct pleasure to welcome all of you to the 2004 annual meeting of the Illinois Judicial Conference.

Another look at civility and professionalism: The American Inns of Court By Lloyd A. Karmeier March 2004 When I began my legal career in the Southern Illinois town of Nashville in 1964, there was not a "mentoring" program for young lawyers as is now being developed by the ISBA.

Appellate court criticizes courtroom shackles By Adrienne W. Albrecht May 2004 One of the principal arguments cited by proponents of the construction of new court houses and redesigning of courtrooms is the need for enhanced security.

Bench & Bar Section Council seeks input October 2004 The Section Council has undertaken study of a proposal advanced by one of its members to amend statutory provisions for the number of jurors to serve on jury trials in civil cases where the claim for damages does not exceed $50,000, which is the upper limit for cases that are referred to arbitration.

The Black Line Trial Call system in the Circuit Court of Cook County’s Law Division: A change born of necessity By William D. Maddux June 2004 To begin, the Black Line Trial Call is not a new concept by any means--it was the dominant paradigm in Cook County some 40 years ago.

Blueprint for civility By Hugh W. Brenneman, Jr. January 2004 John was a brand new lawyer. His client was pursuing a worker's disability claim. A prominent trial attorney, Joel Boyden, was defending the employer.

Brown v. Board of Education event By Barbara Crowder June 2004 Lawyers and Judges working together is the benchmark of the Bench and Bar Section Council. Great examples of such enterprises have been occurring around the state in honor of the 50th anniversary of Brown v. Board of Education, the landmark school decision holding that racial segregation is not equal and violates the U.S. Constitution.

Case summaries By George S. Miller & Alfred M. Swanson, Jr. June 2004 In Feltmeier v. Feltmeier, 207 Ill.2d 263, 798 N.E.2d 75 (2003), the Supreme Court recognized a cause of action for intentional infliction of emotional distress in a marital setting.

Case summaries By Alfred M. Swanson, Jr. March 2004 Following a bench trial, defendant was found guilty of first degree murder, and sentenced to 60 years imprisonment.

Cases of note By Richard Posner, Alfred M. Swanson, Jr., George S. Miller, Barbara Crowder, Michael Kiley, Philip Lading, & J.A. Sebastian January 2004 Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 01 C 6329-Joan Humphrey Lefkow, Judge.

Chair’s column By Lloyd A. Karmeier May 2004 On June 30, 1961, about the time of the enactment of the "new" criminal code in Illinois, the Supreme Court of Illinois entered an Order stating "that the administration of justice will be served by a comprehensive study of jury instructions in criminal cases."

Chair’s note By Lloyd A. Karmeier June 2004 This is just a short note to express publicly my thanks and appreciation to the members of the Bench and Bar Section Council for their good work on behalf of the Council this past year.

Civil orders for uncivil behavior By Barbara Crowder March 2004 The Civil No Contact Order Act went into effect on January 1, 2004, and allows for entries of protective orders on behalf of any petitioner who is the victim of a non-consensual sexual conduct or penetration.

Court annexed mediation in Cook County By Michael S. Jordan May 2004 Mediation is a process whereby the parties are empowered by principled negotiation aided by the involvement of an impartial and non-decisional neutral who enhances communication and encourages collaborative problem solving that results in a voluntary settlement with improved relationships.

A Court That Shaped America By Richard Cahan March 2004 A Court That Shaped America is a "must read " history of the U.S. District Court for Illinois and later the Northern District of Illinois. Northwestern University Press is the publisher.

Courts Commission dismisses Judge Golniewicz By Alfred M. Swanson, Jr. December 2004 On November 15, 2004, the Illinois Courts Commission handed down its long-awaited ruling on Judicial Inquiry Board charges against Judge Francis X. Golniewicz.

First District rule changes benefit both bench and bar By Alan J. Greiman December 2004 With the number of appellate cases filed in 2003 in the Illinois Appellate Court, First District, exceeding 3,700, it became apparent to the judges of this District that there was a need to consider methods to make the ever-burgeoning case load more manageable.

The hardline approach to Rule 216 By Jennifer L. Jacobs March 2004 As the result of recent case law, courts and attorneys alike are taking a closer look at the requirements of Supreme Court Rule 216.

Illinois Courts Commission enters into joint decision to reprimand Judge Gregory Householter, No. 03 CCI- August 25, 2003 By Lawrence X. Pusateri March 2004 A stipulation of facts recounted that Judge Gregory Householter had delayed rendering decisions in certain cases assigned to him.

Illinois Courts Commission rejects plea bargain for Judge Francis Golniewicz By Lawrence X. Pusateri June 2004 On May 7, 2004, the Illinois Courts Commission, in a rare action, rejected a proposed six-month suspension for Cook County Circuit Judge Francis X. Golniewicz, who, it was alleged, violated the Illinois Constitution by living outside the Judicial sub-circuit from which he was elected.

Judge Karmeier elected to Supreme Court December 2004 Judge Lloyd Karmeier, the immediate past chair of this Section Council, was sworn in as a Justice of the Illinois Supreme Court on Monday, December 6, 2004.

Judge Youck remembered By Carla Waters December 2004 He helped a lot of people. He was a good friend. And, he will be missed.

Magistrate judge settlement conferences in the Northern District of Illinois By Morton Denlow October 2004 There are nine United States magistrate judges in Chicago. A major part of our duties consists of conducting settlement conferences.

A mediation program is set for Friday December 3, 2004 in Chicago—Read the details! By Michael S. Jordan October 2004 A half-day program on MEDIATION for lawyer advocates will be held on Friday, December 3, 2004 in Chicago.

Memorandum: Proposal for six-person juries in civil cases where claimed damages are $50,000 or less By T.J. Brady October 2004 Support for the six-person jury in civil cases is found in the U.S. Constitution, Federal Rule of Civil Procedure 48, as well as in the Illinois Constitution, statutes, and case law which interpret these provisions. U.S. Const. Amend. VII; Ill. Const. art I, § 13; F.R.Civ.P.48; 735 ILCS 5/21105.

An old judge’s thoughts By Milton Shadur May 2004 Mixed feelings" have been described in a number of different ways, some taking the form of ancient (and hence occasionally politically incorrect) jokes.

People v. Lomas, 812 N.E.2d 39 (5th Dist. 2004) By Michael Kiley October 2004 In this case, the court found the defendant’s detention impermissibly exceeded the scope of the initial stop and was an illegal detention.

Professionalism and the practice of law as a trial lawyer By Mart R. Vogel May 2004 Back in 1990, shortly after I had finally retired from the active practice of law, I was asked to give a lecture to the students at the University of North Dakota Law School.

Recent judicial appointments and retirements October 2004 1. The Illinois Supreme Court, pursuant to its constitutional authority, has appointed the following Circuit Judge to the appellate court:

Recent judicial appointments and retirements January 2004 1. The Illinois Supreme Court, pursuant to its constitutional authority, has appointed the following to be Circuit Judge: