The Docket - May 2019 by Town Square Publications

THE

DOCKET The Official Publication of the Lake County Bar Association • Vol. 26 No. 5 • May 2019

25TH ANNUAL FAMILY LAW CONFERENCE SCOTTSDALE, AZ

CONFERENCE ROOM For meetings only. Seats 16 – 20 comfortably During business hours (8 am – 5 pm) • Member- Free • Non-Member $150/1st hour. $50/hour after • Non-Member, Not-for-Profit: $25/hour

2019 LCBA OFFICE RENTAL PRICING

After Hours (5 pm – 9 pm) • Member - $25 per hour • Non-Member – Not Available • Non-Member, Not-for-Profit: $50 per hour

MEMBER CENTER “The Bar” Accommodates up to 100 people During business hours (8 am – 5 pm) Members (add $25/hour for after hour events) • Meeting only (individual or group, no food or beverages served: Free • Self-Service reception or party (provide own alcoholic beverages): $50 per hour • Hosted beer & wine reception or party (beer & wine provided by Association): $250/ 1st hour, $50/hour after Non-Members: (add $50/hour for after hour events) • Meeting only (individual or group, no food or beverages served): $50 per hour • Self-Service reception or party (provide own alcoholic beverages and food): $300/ 1st hour, $50/hour after • Hosted beer & wine reception or party – Not Available Non-Member, Not-for-Profit: (add $25/hour for after hour events) • Meeting only (individual or group, no food or beverages served): $25 per hour • Self-Service reception or party (provide own alcoholic beverages and food): $150/1st hour, $25/hour after • Hosted beer & wine reception or party – Not Available Association Committee Meetings (Conference Room or Member Center) Without beer & Wine - Free With Hosted Beer & Wine - $150 flat fee (for 5 – 15 people), $200 (over 15 people) Room rentals are based on availability. Rentals include use of A/V already in room (phone, TV, Speaker. WIFI).

All rentals include free parking in our large, well-lit, 45 vehicle parking lot adjacent to the LCBA building.

Contact the LCBA Office at 847-224-3143 or info@lakebar.org

Contents THE DOCKET • Vol. 26, No. 5 • May 2019

FEATURES

8 Promoting Access to Justice Among SelfRepresented Litigants

BY DEANNA HOYT

12 Child Inclusive Mediation

BY LINDA SHEEHAN

A publication of the

16 Drug-Dog Sniffs from Common Hallways of Multi-Unit Dwellings are now Fourth Amendment Searches

300 Grand Avenue, Suite A Waukegan, Illinois 60085 (847) 244-3143 • Fax: (847) 244-8259 www.lakebar.org • info@lakebar.org THE DOCKET EDITORIAL COMMITTEE Jeffrey A. Berman,Co-Editor Hon. Charles D. Johnson,Co-Editor Jennifer C. Beeler Hon. Michael J. Fusz Deborah L. Goldberg Hon. Daniel L. Jasica Sarah A. Kahn Kevin K. McCormick Hon. Raymond J. McKoski Tracy M. Poulakidas Stephen J. Rice Neal A. Simon Hon. ­­­James K. Simonian Michael S. Strauss Rebecca J. Whitcombe Alex Zagor STAFF Dale Perrin Executive Director Jose Gonzalez Membership Coordinator

AD SIZE 1/8 Page 1/4 Page 1/2 Page Full Page Inside Front or Inside Back Cover

Back Cover

ONE ISSUE

6 ISSUES

20

BY RUTH LOFTHOUSE

Getting to know Judge Ari Fisz

BY SHYAMA S. PARIKH

COLUMNS

2 President’s Page The Real Life Program

BY BRIAN J. LEWIS, PRESIDENT

4 The Chief Judge’s Page May Day - A Tale of Two Holidays

24 The Meeting Minutes March 21, 2019

BY SHYAMA S. PARIKH

26 In the Director’s Chair

Change

BY DALE PERRIN

LCBA EVENTS

IFC 2019 LCBA Office Rental Pricing 3 The Calendar of Events 3 Installation of Officers and Directors 5 Grapevine 5 LCBA Office Space 7 New LCBA Members 11 Lawyer Referral Service 15 LCBA Golf Outing 25 Member Reception 28 Monthly Committee Meetings 28 Annual Member Picnic Luncheon

BY CHIEF JUDGE JAY W. UKENA

6 Bar Foundation Transition – the process or a period of changing from one state to another.

BY JEFFREY A. BERMAN, PRESIDENT

12 ISSUES

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Reproduction in whole or part without permission is prohibited. The opinions and positions stated in signed material are those of the authors and not necessarily those of the Association or its members.

All submitted manuscripts are considered by the Editorial Board. All letters to the editor and articles are subject to editing. Publications of advertisements is not to be considered as an endorsement of any product or service advertised unless otherwise stated.

The Real Life Program

W

hen my term as President began last year, I discussed an initiative I wanted to accomplish related to Lake County’s criminal offenders under the age of twenty-four. My friend Danny Hodgkinson, who has since become a member of the LCBA Board of Directors, had told me that in his criminal

2018-19 OFFICERS & DIRECTORS Brian J. Lewis President Stephen J. Rice First Vice President Patricia L. Cornell Second Vice President Joseph M. Fusz Treasurer Shyama S. Parikh Secretary Jennifer J. Howe Immediate Past President Tara R. Devine Torrie M. Newsome Hon. Christen L. Bishop Katharine S. Hatch David R. Del Re Thomas A. Pasquesi

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defense practice he was noticing a sharp increase in the number of young people appearing in court and at administrative law hearings due to recent arrests. Most alarming was the blasé attitude displayed by these offenders who seemed not to understand the importance of their situations.

Danny and I talked about this at length and decided that there was something the LCBA could do — as members of the legal community with whom these young offenders come into contact, we are in a unique position to help educate them about the “real life” consequences of their criminal actions.

And so the Real Life Program of the LCBA was born. I am happy to report that we are now in the final stages of creating a one-hour digital program that will be available through the LCBA’s website to young people who have had run-ins with the law. This program is being professionally produced, and donated to the LCBA,

The

President’s Page

by my friend Gera-Lind Kolarik of Evidence Video.

Before I continue discussing the Real Life Program, I must digress for a moment to talk about Gera-Lind and what she brings to the table. GeraLind has been making a difference in people’s lives for her entire career.

The fact that she did not hesitate at the opportunity to help us is no surprise.

Gera-Lind is on the board of Catholic Charities and Legal Lifelines (a legal aid program). She also donates her time as a board member of Ignatia House, a half-way house for women in alcohol and drug recovery. In her television producing life, Gera-Lind founded Evidence Video over thirty years ago. She and her team have created over 32,000 videos (daysin-the-life, mediation documentaries, etc) and have been involved in recovering over $4 Billion

BY BRIAN J. LEWIS PRESIDENT in settlements and verdicts for all types of litigants.

Her experience as a former television producer for WBBM and WLS, not to mention her Emmy award (for breaking news coverage) and Emmy nomination (for investigative reporting), confirm that we are getting the most qualified person to professionally produce our program. I cannot overstate my gratitude to GeraLind Kolarik for helping to make my initiative a reality. Our program, and all the help it will provide to young people in our community, could never have happened without Gera-Lind and her team at Evidence Video.

The Real Life Program will provide information that young offenders need to know. For example, how might a “sexting” arrest affect one’s chances of getting a job or getting into college? Arrests/

convictions for underage drinking, use of tobacco at school, and social media bullying can and will affect military applications, employment opportunities, getting a passport, and obtaining a FOID card.

Theft, criminal damage to property, speeding and curfew violations, having too many people in the car and posting evidence of crimes on the internet will have far-reaching effects that young people do not even think about. The Real Life Program will provide information that kids and young adults need, and it will hopefully deter future mistakes.

Over the past several months, Danny and I have met with prosecutors, defense attorneys, judges and administrative hearing officers. Their response to The Real Life

has been overwhelming. Across the board, each has enthusiastically supported this initiative because they know, as do we, that it will help.

After my Presidency ends this June, I will stay intimately involved with The Real Life. We will update the program periodically as needed to reflect changes in the law and what’s going on in our rapidly moving, technologically-driven world.

Phase 2 of the program will involve taking the program on the road to reach kids at schools, youth groups and in other aspects of their lives with the hope of preventing future indiscretions.

I am confident that the Real Life Program will make a positive impact on the young members of our community.

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The

Calendar of Events May 31 Annual Member Picnic Luncheon 12 pm Greenbelt Cultural Center

May 9 Ask A Lawyer Drop-In Clinic 4 – 7 pm Waukegan Library May 17 GAL Seminar 12:30 pm Jury Assembly Room

June 7 Installation Dinner, 5:30 pm Exmoor Country Club June 27 Member Reception hosted by Lindsay Pickett & Postel, LLC 4:30 pm LCBA Member Center

May 23 Memorial Service 12 pm Courtroom T810 May 27 Memorial Day LCBA Office Closed

July 25 Civil Trial Committee Seminar 7 – 11:30 am Glen Flora Country Club

May 30 CLE Buffet 1:30 – 4:30 pm LCBA Office

July 25 LCBA Golf Outing 11:30 Glen Flora Country Club

Register for these events online at: www.lakebar.org

2019-2020 Officers Stephen J. Rice President

Hon. Patricia L. Cornell 2019-2020

Installation of Officers and Directors Friday, June 7, 2019 Exmoor Country Club 700 Vine Ave., Highland Park

5:30 p.m.

6:45 p.m.

7:45 p.m.

9:00 p.m.

Reception(Cash Bar) Dinner Installation of Officers and Directors Conclusion of Evening

$85 Per Person • Business Attire

Joseph M. Fusz

First Vice President

Second Vice President

Kathleen Curtin

Tara R. Devine

Treasurer

Secretary

Brian J. Lewis

Immediate Past President

Board of Directors Hon. Christen L. Bishop

Thomas A. Pasquesi

Katharine S. Hatch

Dwayne Douglas

David R. Del Re

Daniel L. Hodgkinson

2017-2020 2017-2020 2018-2021

2018-2021 2019-2022 2019-2022

RSVP or Register online by Friday, May 31, 2019 • Please contact us with any special dietary requirements.

May 2019

3

May Day - A Tale of Two Holidays

E

ach year, May 1st denotes the observation of two very different holidays, both called May Day. One is a traditional springtime festival, and the other is an international observance honoring workers. Although these two observances share the same name and day, their meaning really could not be more distinct.

May Day the seasonal festival, which dates back hundreds of years, was originally a pagan holiday celebrating the beginning of summer. As time marched on, different groups adapted it to the celebration of their specific cultures and beliefs.

Europeans and Americans celebrate it in a more secular manner with trappings such as May pole dancing and flower crowns. The earliest May Day celebrations appeared with the “Floralia,” a festival of Flora, the Roman god of flowers, and with the Walpurgis Night celebrations in Germanic countries, a feast that commemorates the canonization of

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Saint Walpurga (credited with bringing Christianity to Germany.) and the movement of her relics to Eichstätt, both of which occurred on May 1st, 870.

As Europe became Christianized, the pagan holidays lost their religious character and over time changed into a popular secular celebration. The secular version of May Day included dancing around May poles and crowning the Queen of May and the giving of May baskets. Historians believe the first May Pole Day originated as part of a dramatic pagan fertility ritual. Originally, the dancers danced around a living tree. After the secularization of the seasonal May Day celebration, it became a traditional day of festivals for centuries throughout Europe, mostly associated with towns and villages celebrating springtime fertility “of soil, livestock and people.” It was usually set on a day where farmers had finished seeding for the season and was conve-

The

Chief Judge’s Page nient to give farm laborers a day off.

Since the 1880s, May Day has shared May the 1st with International Workers’ Day. May 1st was chosen to be International Workers’ Day to commemorate the 1886 Haymarket Square Affair in Chicago that started with the strike for an eight-hour work day.

On May 1st, 1886, there was a huge national strike with over 300,000 workers from 13,000 businesses across the country walking off their jobs. Chicago was the epicenter for the eighthour day where 40,000 workers went on strike.

Passionate speeches were given and the names of many, including Albert Parsons, Johann Most, August Spies and Lewis Lingg, became household names in Chicago and throughout the country at that time. The demonstrators remained mostly non-violent. It wasn’t until two days after the strike began that violence broke out.

On May 4th, the

BY CHIEF JUDGE JAY W. UKENA police acted to disperse the public assembly in support of the strike when an unidentified person threw a bomb. The police responded by firing on the workers which led to a fight that resulted in the death of seven police officers and an unknown number of civilians killed or wounded. Hundreds of labor leaders were rounded up. Seven were sentenced to death; four were ultimately executed.

A similar event took place in Milwaukee, Wisconsin when state militia fired on a crowd of striking workers killing seven, including a school boy.

These events had a huge impact on labor movements across the world.

In 1889, a meeting was held by the First Congress of the Second International, a socialist and labor party formed in Paris, and it called for international demonstrations.

May Day was formally recognized as an annual event at the International

Congress in 1891. May Day has been a focal point of demonstrations by many Socialist, Communist, and anarchist groups since the Second International. May Day is one of the most important holidays in Communist countries, such as the People’s Republic of China, North Korea, and Cuba. May Day has also become the occasion for large military parades in Red Square in the former Soviet Union.

Today, many countries around the world celebrate

International Workers’ Day on May 1st. To coincide with International Workers Day, in 1955, the Catholic Church dedicated May 1st to St. Joseph the patron saint of workers and craftsman.

Thank you for considering this tale of two holidays. And, as we head into another beautiful midwestern summer, I hope you take some time to break from your labors and enjoy the season and all it has to offer.

Lindsay, Pickett & Postel is growing and we are looking for a full and/or part-time attorney for our Waukegan office with 0-5 years of experience to support our insurance defense practice. Insurance coverage experience a plus. Candidates should email their resume to William Lindsay at wlindsay@lpplawfirm.com ADVOCATES OF OUR CLIENTS’ INTERESTS STEWARDS OF THEIR RESOURCES

The

Grapevine

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Your New Office Could be in the LCBA Building

In January, a large group of Lake County female attorneys attended the movie On the Basis of Sex, which is about Supreme Court Justice Ruth Bader Ginsburg. Public Defender Sarah Raisch summarized the event as follows: “It was a lovely evening of comradery among a group of accomplished female attorneys practicing all areas of law, and of all experience levels--from family law attorneys to prosecutors, and from our newest public defenders to our most seasoned judges. We had a supremely nice time catching up with and meeting other members of the bar and celebrating Ruth Bader Ginsburg’s history of groundbreaking lawyering.”

• Furnished • Approximately 2,000 square feet • Two blocks from the courthouse • Two private offices • Conference room • Large reception area • Men’s and women’s bathrooms • Small kitchen • Free parking for staff and clients

Available Now Contact Dale Perrin at dale@lakebar.org to view the property and get more details.

May 2019

5

Transition – the process or a period of changing from one state to another

I

t is hard to believe, but my term as President of the Bar Foundation is rapidly nearing its end. It was only two years ago that I was humbled and honored when the Bar Association Board entrusted me Board of Trustees Jeffrey A. Berman President Carey J. Schiever Vice President Joann M. Fratianni Secretary Perry S. Smith Jr. Treasurer Melanie K. Rummel Immediate Past President Jennifer L. Ashley Nandia P. Black Patricia L. Cornell Douglas S. Dorando Hon. Fred Foreman (Ret.) Scott B. Gibson Kenneth J. Glick David J. Gordon Keith C. Grant Amy L. Lonergan Fredric B. Lesser Steven P. McCollum Michael G. Nerheim Mark B. Peavey Nicholas A. Riewer Hon. Henry C. Tonigan (Ret.) Hon. Joseph R. Waldeck (Ret.) Brian J. Wanca

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with the leadership of this venerable institution. As my term now concludes, I want to thank the Association Board for the opportunity to serve in this capacity. It has been a valuable experience and an honor to be a part of a leadership team that continues to strive valiantly to fulfill the Foundation’s mission.

“May you live in interesting times” is an English expression purported to be a translation of a traditional Chinese curse. While seemingly a blessing, the expression is normally used ironically, with the clear implication that “uninteresting times” of peace and tranquility are more life-enhancing than interesting ones, which usually include disorder and conflict. Whatever else they have been, the past two years undeniably have been “interesting.”

But, especially in the realm of philanthropy, they also have been very good years.

BY JEFFREY A. BERMAN PRESIDENT In my first column as President, back in June of 2017, I wrote about the book titled Strangers on a Bridge and expressed hope that we, as a legal community and Foundation, could fulfill a broader public service role, change the world for good and, in doing so, enhance the perception of our profession. And that is just what we set out to do. I hope you are as pleased with the results of our philanthropic endeavors as I am.

Starting in 2018, the Foundation launched a new philanthropic initiative focused on Youth at Risk and the organizations that work with them. By unifying our efforts to support this important cause, we have striven to achieve a stronger, more direct impact on our communities, working to help young adults, teens and children

to live better, dream bigger, and receive the skills and mentorship they need to succeed.

The Foundation has created a partnership with Waukegan To College, an excellent organization working to prepare first-generation college students for college admissions and beyond. W2C propels disadvantaged youth to fulfill their potential. The Foundation has provided grant funding for several W2C initiatives and also participated in a variety of events supporting the W2C mission, including interactive events to introduce students to careers in law, intensive interview preparation sessions, mock college interviews programs, and a networking skills workshop.

Consistent with both our broad mission and the youth-related initiative, the

Foundation also provided specific financial grants in 2018 to two outstanding local organizations – Nicasa Behavioral Health Services and Words on Wheels, Inc. The grant to Nicasa supported their outstanding Teen Court program, the only alternative to the traditional criminal justice system for non-violent juvenile offenders in Lake County. The grant to Words on Wheels supported their program that brings books and enrichment activities to at-risk infants and toddlers, improving the lives and futures of our community’s at-risk children through the power of words.

The Foundation also has worked with a variety of programs that advance the broader goals of enhancing justice and supporting the disadvantaged.

These endeavors include continuing support for the Nineteenth Judicial Circuit’s Therapeutic Intensive Monitoring Unit, which includes three Specialty Courts: the Mental Health Court, Drug Court, and the Veterans Treatment and Assistance Court; and, of course, our own Lake County Bar Volunteer Lawyers Program.

Continuing traditions, the Foundation also proudly provided financial support for the 2018 Lake County High School Mock Trial Invitational competition and the Nineteenth Judicial Circuit’s Constitution Day commemorations, Law Day observances and the Veterans History Project.

And, of course, there was the Foundation’s

biennial fundraiser this past November, a gala Casino Night that raised over $25,000 to support our charitable endeavors, and particularly our primary beneficiary, W2C and the at-risk youth it serves.

But the course of events has not just been about philanthropy. When I became President, no one could foresee the path we would be called upon to tread. And, some events, unfortunately, were quite “interesting” and took us far afield from our expected mission.

As expected, the first half year was largely consumed by the frenzied days of renovation work on the Russell V. Ray Law Building. The Joint Facilities Planning Committee, the staff and the Foundation Board, spent countless hours working though the details of this endeavor, shepherding the project from conceptualization though architectural design, financing, and construction management.

It was exciting, and also a huge relief, to see those labors bear fruit in October, when we celebrated the formal dedication and grand opening of the building.

Then, just as we found ourselves in seemingly calmer waters, we were hit by a proverbial bombshell.

We were deeply shaken by the revelation of years of betrayal perpetrated by an individual that our organizations had trusted and relied upon. In response, the Foundation Board committed to a plan that emphasized first marshalling accurate facts to facilitate

sound decision-making, and then to putting in place new systems that will allow us to proceed with greater security and confidence in the future. Even with significant struggles and a bit of heartache experienced along with way, I believe we weathered the storm and emerged into the sunlight at the other end a bit battered and bruised but ultimately a stronger and wiser organization.

Throughout this term, in good times and bad, I have been fortunate to have worked closely with so many high-quality Foundation Board members. I cannot say enough how much I appreciate all they’ve done for the Foundation during my term. Thank you for your dedication, friendship, and support over these past two years.

Thank you as well for your shared passion for seeing the Foundation advance and strive to reach its vast potential. Looking back, I have been privileged to be part of a team which both overcame obstacles and achieved many successes.

I think we can feel justifiably proud of many things we accomplished together.

And, I want to stress that nothing happens without all elements of the team, including the Board and the staff, working together.

Thank you. It has been my honor to serve with each of you.

By the time you receive the next edition of the Docket, in June, the installation dinner will have taken place and Nicholas Riewer will be Foundation President. I look forward to working with Nick, in my

new role as Past President, and to helping him move the Foundation forward.

Please join with me in wishing Nick nothing but the greatest of success.

Welcome

New LCBA Members Attorneys Paul Augustyn Attorney at law

David Braden Yudell & Lonoff, LLC. Justen Haber Kalcheim Haber, LLP. Peter Karlovics Law Offices of Rudolph F. Magna Lillian Lewis Racine County District Attorney’s Office John Marshall Cassiday Schade, LLP. John O’Malley Attorney at Law Maol Sloan Attorney at Law Raphael Strzelecki RDS Law Offices, LLC. Barbara Susman Susman & Associates, P.C. Franklin Top, III Chapman & Cutler, LLP.

Associates

Ivan Bracic Midwest Spine & Joint Catalia Fordyce Rouleau Law Kevin Peterson Attorney’s Title Guaranty Fund Eric Swanson Aleckson Insurance Agency David Zawadzki Proper Title, LLC.

Students Anne Callanan Connor Carragher Katherine Swopes

May 2019

7

Promoting Access to Justice Among Self-Represented Litigants

BY DEANNA HOYT

I

n 2015, 93 of Illinois’ 102 counties reported that more than 50% of civil cases involved a self-represented litigant on at least one side.1 Self-represented litigants face many challenges such as unfamiliarity with civil law and procedure. As a result of the growing number of self-represented litigants, the Illinois Supreme Court created The Illinois Supreme Court Commission on Access to Justice (ATJ Commission) in 2012.

The propose of the ATJ Commission is to promote, facilitate and enhance equal access to justice, with an emphasis on access to Illinois civil courts and administrative agencies, for all people, particularly the poor and vulnerable.2 To promote meaningful access to the courts, the ATJ CommisDeanna sion follows five guiding principles: joined plain language, process simplifiSchlesinger cation, procedural fairness, equal and Strauss, LLC in Febaccess, and continuous improvement. ruary 2017.

U ATJ Commission has come up with She attendten initiatives to create action plans ed Loyola 3 to carry out the principals. Many University 1

1

2 3

8

Illinois Supreme Court Commission on Access to Justice, Advancing Access to Justice in Illinois: 2017 – 2020 Strategic Plan, May 2017, page 1.

Illinois Supreme Court Rule 10-100.

Illinois Supreme Court Commission on Access to Justice, Advancing Access to Justice in Illinois: 2017 – 2020 Strategic Plan, May 2017, page 2.

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counties across the state have begun implementing these initiatives as a way to ensure that a person’s income is not determinative of their access to justice.

In criminal cases, indigent defendants are guaranteed representation as a matter of right. While in civil cases, indigent litigants are not offered that same right. Legal aid clinics and attorneys acting pro bono, assist the court in helping provide representation to indigent clients in civil matters.

However, they are not equipped or funded sufficiently to single handily address the growing concerns about Chicago for both her access to justice in Illinois. Another undergraduunique problem facing litigant in ate and law civil matters is the litigants who live studies, and is Co-Secretary of the just above the Federal Poverty Level Association of Women Attorneys of are unlikely to qualify for legal aid Lake County and is a member of the Women and the Law Committee of or pro bon services. Those living just the Illinois State Bar Association above the Federal Poverty level do

not qualify for free services because they earn too much, yet they often rarely have the financial resources available to them to hire private attorneys.4 The first principal guiding the ATJ Commission is, Plain Language. Courts should help self-represented litigants (SRLs) have access to a wide variety of plain language resources. This is intended to help SRLs exercise and understand their civil rights and to reduce the barriers they encounter while using the court system. The first initiative is to create standardized forms, which must be accepted by all state courts in Illinois. These documents can be found at the Access to Justice website http://www.illinoiscourts. gov/CivilJustice/AccessToJustice.asp. Subcommittees are continually updating and translating the forms into different languages.

The second initiative is to support and expand the use of court-based facilitators. Facilitators are usually non-lawyers who provide legal information and procedural guidance to SRLs. Ideally, a facilitator would be one whose sole responsibility is to assist SRLs. The final initiative under the first principal is to develop other court services and court websites that assist SLRs in the civil litigation process.5 The second principal is Process Simplification.

Court procedures and policies should be streamlined and communicated in plain language to allow SLRs to be able to navigate the system while preserving substantive, and procedural fairness and due process rights. The fourth initiative suggests that courts recommend policies which enable remote access to the court system, and to promote technologies that also enable remote interpreting services. Remote language interpreter services, and remote access for those who are disabled or incarcerated can help increase access to the court system to groups that are underrepresented. Additionally, through technology legal aid and pro bono attorneys from more populated areas can remotely represent those in more underserved areas of the state. The fifth and final initiative under the Process Simplification Principal is to research common court procedures and processes and recommend how to make them easier for SRLs to understand and comply with.6

The third principal is Procedural Fairness. SRLs should have access to a court system that serves as a neutral, accessible, transparent, non-biased, non-discriminatory forum in which they can seek and obtain a legal remedy. During the court process SRLs should be addressed with dignity, respect and professional courtesy by all court staff. The sixth and seventh initiatives, under the Procedural Fairness Principal, are that guidelines and training programs should be developed for judges and court personnel who encounter significant numbers of SRLs. Both judges and circuit clerks have expressed the need for more training and resources to help them better serve the growing number of SRLs.7 The fourth principal is Equal Access. All litigants should have access to justice regardless of their socio-economic background, English proficiency, legal representation status, or other circumstances.

The eighth initiative is language access resources and assistance services be developed by courts.

Unfortunately, just being bilingual is not a sufficient qualification to be Court Interpreter. Court interpreters need to understand the legalese and if they do not, it can cause incorrect evidence to be presented, and affect the reliability of testimony, and mislead judges, attorneys, or juries. The ninth initiative is to work with bar associations and other community groups to identify, develop, and promote the implementation of court policies and rules that promote legal representation, including limited scope representation. Increasing the use of limited scope representation can help SRLs obtain counsel for a portion of their case, and allow for attorneys to exit without having to follow the process of withdrawing from a case as you would with a general appearance.

The final initiative is to develop community-based programing to help build trust in the court system through education about access to justice resources that are available. The ATJ Commission should take an active role in facilitating outreach activities that reach marginalized communities.8 The final principal is Continuous Improvement Principle. The ATJ Commission should continually evaluate and reflect on its works to make sure that the

It’s important that those involved professionally

with the judicial system

realize and know how to.

Advocate for justice for sel-

represented litigants and not just paying clients.

4 5 6

Id. at 13.

Id. at 20-24.

Id. at 25-27.

7 8

Id. at 29.

Id. at 31-35

May 2019

9

initiatives are being carried out in an effective way.9 Lake County has already begun to implement some of the ATJ Commission’s initiatives. Currently, the home page on the Circuit Court’s website, features quick links for Court Forms, and the Center for Self-Representation.10 The Center for Self-Representation is in the Law Library is often staffed by members of the JusticeCorps. There SRLs can obtain standardized forms and ask questions regarding courtroom procedures. Also, the Probate Division provides additional assistance by offering a self-help desk. The Court Forms page, provides various forms for nine different types of civil and criminal matters. Each section provides standardized forms approved by the Illinois Supreme Court and other forms standardized by the Circuit Court of Lake County.

Additionally, in the Clerk’s Office there are designated clerks to assist SRLs in e-filing cases, appearances, motions, and other forms.

The biggest undertaking Lake County has done to assist SRLs, has been the creation of a courtroom solely dedicated to SRLs in divorce and child custody matters.

9 Id. at 36.

10 https://www.19thcircuitcourt.state.il.us/

This courtroom was created in the Fall of 2018, in the Family Division. When a person, represented or unrepresented, files a divorce or child custody case in Lake County, it is automatically assigned to one of four judges. Then at the first court date, the judge determines if both parties are SRLs. If both parties are SRLs, the case gets reassigned to the SRLs room, currently run by Judge Rochford. If one party is represented by an attorney then the case remains with the Judge it was originally assigned. The hope is that by moving the SRL cases into one courtroom it will allow for the judge to have more time to explain the process to the SRLs, while still keeping the courtrooms’ call efficient. In the courtroom solely dedicated to SRLs, specific needs and issues that face SRLs, can be addressed by the judge.

As self-represented litigants continue to be a large part of civil matters attorneys, court clerks, court support staff, and judges need to be conscious of how they can help promote access to justice for all regardless of the litigants’ background. It is important that those involved professionally with the judicial system realize and know how to advocate for justice for self-represented litigants and not just paying clients.

Save the Date Saturday, September 28, 2019, 5 p.m.

Red Mass St. Joseph’s Catholic Church 121 E. Maple Avenue Libertyville, IL 60048

Reception Immediately Following Mass Sponsored by the Justinian Society of Italian-American Judges & Lawyers of Lake County, Illinois If you would like to be a Red Mass sponsor, e-mail RedMassLakeCounty@gmail.com

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LAWYER REFERRAL SERVICE

Why should YOU join the LCBA Lawyer Referral Service?

The LCBA Lawyer Referral Service (LRS) is a valuable member benefit as well as a public service. LRS provides member attorneys with an opportunity to build business through client referrals. The service benefits the public by helping callers quickly find an attorney in the area of law in which they need help. The LRS is widely publicized and all LCBA members in good standing who carry the required malpractice insurance are eligible to join.

The LRS program is designed to assist persons who are able to pay normal attorney fees but whose ability to locate legal representation is frustrated by a lack of experience with the legal system, a lack of information about the type of services needed, or a fear of the potential costs of seeing a lawyer.

The Lawyer Referral Service is an intuitive win/win/win. We’re helping the public, by providing them with legal resources with some degree of reliability; we’re helping our members, by playing matchmaker with clients whom they can help for a minimal referral cost; and we’re helping the Bar Association and our public image by offering our services. Although not all of the matches will work out, the risks and costs are minimal and the rewards are great.

Deborah Goldberg, Goldberg & Kane

“I have been a member of the referral service for many years, particularly in the fields of Trusts & Estates. The service has generated a stream of potential clients, some of which are not viable but many of which have ripened into clients for litigation or estate planning. Frankly, I don’t mind answering people’s questions about our field of law, which most people find confusing. The referral service has been a great way for potential clients to speak with me and discuss the issues before having to spend money and before I have to commit to the clients. I whole-heartedly recommend the LCBA’s Client Referral Service as a way to grow your practice.”

Fredric Bryan Lesser, Lesser Lutrey McGlynn & Howe LLP As a long-time member of the LCBA Lawyer Referral Service I know how useful it is to be a member of the service. I have obtained several cases through the service and would strongly recommend that attorneys seeking cases join.

Compared to the many online services that claim to provide cases, the LCBA’s referral service actually delivers at a much lower cost.

Steve McCollum, Law Offices of Steven P. McCollum, P.C.

AVA I L A B L E R E F E R R A L PA N E L S • Administrative • Appellate • Commercial

• Consumer • Criminal • Employment

• Environmental • Family • Real Estate

• Estate Planning, Wills, Trusts and Probate • Personal Injury / Property Damage

C O N TA C T T H E L C B A AT 8 4 7 . 2 4 4 . 3 1 4 3 O R AT I N F O @ L A K E B A R . O R G

L A K E C O U N T Y L A W Y E R . I NMayF2019O 11

Child Inclusive Mediation

D

BY LINDA SHEEHAN

ivorcing couples are increasingly turning to Mediation to amicably resolve their disputes. Mediation is a form of Alternative Dispute Resolution which provides parents with an opportunity to take control of the outcome of their divorce, protect their family’s privacy, and avoid the all-too-frequent stress and acrimony of contested litigation.

Although many parents make a decision to voluntarily embark upon the mediation route, mediation is actually required under Illinois Law. Pursuant to the Illinois Marriage and Dissolution of Marriage Act, parents are required to attend mediation if they are unable to resolve issues pertaining to allocation of parental responsibilities by agreement. 750 ILCS 5/602.10(c) states in pertinent part: (c) Mediation. The Court Linda shall order mediation to assist Sheehan, the parents in formulating or LCSW, is a modifying a parenting plan or Therapist, implementing a parenting plan Mediator unless the court determines that and Certified Child impediments to mediation exist.

Specialist in Costs under this subsection shall the Colbe allocated between the parties laborative pursuant to the applicable statute Practice of or Supreme Court Rule. (emphaFamily Law with offices sis added.)

Mediation can help parents maintain their focus on determining the best interest of their children and perhaps avoid the power struggle which often accompanies contested litigation. Child Inclusive Mediation (CIM) takes this one step further by bringing the children’s voice into the Mediation process. If both parents agree, children are given the opportunity to meet with the Mediator in a separate session. Children’s voices being added to the neutral forum of mediation can be helpful. The inclusion of a child’s voice does not inappropriately elevate them to the position of making an adult decision. Instead, it grants them dignity. Skillfully done, it may be preventive of parenting time refusal. Studies indicate it minimizes the degree of post decree conflict. 1

in Libertyville and Lake Bluff.

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1 McIntosh, Long and Wells, A Four-Year Prospective Study of Outcomes: Child Focused Mediation and Child Inclusive Mediation, 2009

We know from many years of longitudinal studies2 that long-term conflict is the most accurate predictor of negative outcomes for children. Given the long-term detrimental effect to them, it follows that children are advantaged by processes that are non-adversarial and restorative. Placing importance on children’s needs is an instinct for most parents. This focus usually continues and often intensifies in the event the family faces divorce. It is one of the reasons that parents often choose mediation rather than litigation in these intimate decisions.

Unfortunately, strong factors work against parents in their attempt to limit conflict and craft a realistic Parenting Plan.

Not the least of these is the parent’s state of mind which is often understandably exhausted and overwhelmed. Parents hope that their children will be resilient, and they need to believe that they will be. Commonly struggling with mixed loyalties, children and teens tend to minimize their negative feelings. Shocked that the grown-ups have called off the arrangement that shelters and supports them, they may find it hard to respond. Child counseling is an option, but without both parents in the room, the counselor is often provided a one-sided story.

All too often, children feel that their concerns and preferences have been ignored throughout the divorce process. Many of these children have strong preferences regarding which parent they want to live with and/ or their preferred parenting time schedules. By contrast, some children are indifferent, or feign indifference, regarding these issues. These children believe that their parents do not care about their concerns or preferences.

Unfortunately, children often feel disenfranchised and powerless throughout the divorce process.

their problem-solving as well.

Incorporating a child developmental perspective has always been an aspect of Parenting Plan mediation. The process of prepping for and gaining feedback from children’s actual inclusion is an opportunity to vastly enrich what could otherwise be a generic, superficial task.

CIM is a logical extension of the Parenting Plan and congruent with the values of mediation: neutrality, safety and self-determination. Information directly from the child offers insights into what it is like for the child now and what parents might do to help their adjustment process.

Additionally, CIM can provide a neutral forum to explain to children the details of the completed Parenting Plan.

CIM is not therapy. It is added

THE CIM PROCESS CIM is not therapy. It is added information embedded within the mediation.

It enables the subject of the mediation, the children, to have a voice, but not authority, in the plan.

As Dr. Jennifer McIntosh clarifies, the question to ask is, “Can we provide a child inclusive aspect that adds value to the parent’s mediation process, and to the child’s life at this point in time?” Following an intake assessment, Mediators carefully track each parent’s capacity to be open to more information about their child’s experience.

The Mediator prepares parents for their child’s session and what concerns and hopes they have. At the child’s session informed consent is established. Confidentiality and its limits are clarified to the child. After the session, the Mediator has a feedback conversation with the parents. A goal in the feedback session is to lessen the burden on the child by minimizing exposure to parental conflict.

CIM is not a quick “report-back” process. It is not done without consideration to the temperament and age of each child. Children under six are too susceptible to manipulation to be included. Children may be developmentally at a different stage than they are chronologically. To include a child in the mediation process is not a decision made lightly or without a thorough intake. A Child Consultant or Mediator trained in child development is needed.

information embedded within the mediation. It enables the

subject of the mediation, the children, to have a voice but not authority, in the plan.

CHILD INCLUSIVE MEDIATION: A VOICE NOT A CHOICE Within this structured and evidence-based process, children are given what most of them want: a voice not a choice. CIM is designed to assist and powerfully support co-parenting, by focusing on the current experiences of the children. In building an alliance around meeting their children’s needs, couples often become more effective in 2 Sol R. Rappaport, Deconstructing the Impact of Divorce on Children, Family Law Quarterly, Vol 47, no.3 (Fall. 2013)

CIM IS CONSISTENT WITH THE STATUE The consideration of a child’s preference in Child Inclusive Mediation is consistent with the current statute pertaining to allocation of parental responsibilities.

Pursuant to 750 ILCS 5/602.7 of the Illinois Marriage and Dissolution of Marriage Act, a child’s preference is one of

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the many factors which a court shall consider in determining the best interests of a child. 750 ILCS 5/602.7 states in pertinent part: In determining the child’s best interests for purposes of allocating parenting time, the court shall consider all relevant factors, including, without limitation, the following:… (2) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to parenting time;….

If Child Inclusive Mediation is deemed to be appropriate for a divorcing family, it can serve as an effective means of helping children feel that their voice matters.

This advantages them in regaining a sense of control and inclusion as their families navigate their way through the divorce process.

LEAVING CHILDREN IN THE BEST POSITION POSSIBLE Sharing adult information with children puts undue pressure on them. They are not equipped for it. However, in our culture, children and particularly teens, are consulted daily about matters such as where they are going to attend school as well as family purchases.

Yet they are excluded from the scary black box of the divorce process just as it consumes their parents’ attention. What message does this give them? How do they make sense of it? Are we casting a shadow instead of turning on a light to reveal how adults solve unexpected and heartbreaking problems?

Surgeons in the operating room are aware of how the technique they choose will later impact the recovery process. Family Attorneys and Mediators also make choices.

Families are impacted in their recovery process by those choices. CIM is a tool that, if used responsibly, positions the family for a healthy recovery.

Linda Sheehan, LCSW, is a Therapist, Mediator and Certified Child Specialist in the Collaborative Practice of Family Law with offices in Libertyville and Lake Bluff.

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THURSDAY MAY 16 2019

O'TOOLE'S ꞏ 412 N. MILWAUKEE AVE. ꞏ LIBERTYVILLE, IL BENEFITTING

ꞏ

To buy tickets in advance or to donate, visit WWW.PSLEGAL.ORG and click "WAUKEGAN STRIKE A CHORD" under "EVENTS"

May 2019

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Drug-Dog Sniffs from Common Hallways of Multi-Unit Dwellings are now Fourth Amendment Searches

BY RUTH LOFTHOUSE

I

n Illinois, courts have long held that the government did not perform a Fourth Amendment1 search when they used a drug dog from an outside hallway of an apartment, motel or other multi-unit dwelling because the Courts reasoned a multi-unit resident had no reasonable expectation of privacy in the hallway given its public nature and the resident’s lack of control and exclusivity outside their door.1 1That long-standing view is now being challenged.

The controlling law is currently that the government indeed performs a Fourth Amendment search when it uses a drug dog outside a multi-dwelling unit to seek incriminating evidence within that home because 1) the government is prohibited from performing a search on a home’s curtilage, which includes an apartment/motel landing Ruth and door, with a drug dog or otherLofthouse wise under a strict property analysis,

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The Fourth Amendment of the United States Constitution provides that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” U.S. Const. am. 4. Illinois adopted this Amendment.

See Ill. Const. art. I, § 6. “This court interprets the search and seizure clause of the Illinois Constitution in ‘limited lockstep’ with its federal counterpart.” People v. LeFlore, 32 N.E.3d 1043, 1047.

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and 2) the government is prohibited from using a drug dog, or any sophisticated device not available to the public, to investigate information inside a multi-dwelling unit that the government would not have known from outside the home, regardless if there is a trespass on the subject’s property under a reasonable expectation of privacy analysis.2 This article will examine the constitutional expansion to multi-

has been a Lake County Assistant State’s Attorney for the past year. Prior to that, she practiced family law with Grund & Leavitt since 2006.

2 See e.g. United States v. Espinoza, 256 F.3d 718, 723 (7th Cir. 2001) (holding “tenants lack a legitimate expectation of privacy in the common areas of multi-family buildings”); United States v. Concepcion, 942 F.2d 1170, 1172 (7th Cir. 1991) and United States v. Roby, 122 F.3d.

1120, 1125 (8th Cir. 1997) (“Mr. Roby had an expectation of privacy in his Hampton Inn hotel room[,] but because the corridor outside that room is traversed by many people, his reasonable privacy expectation does not extend so far).

unit residents through the following cases: United States v. Jardines, 569 U.S. 1 (2013), United States v.

Whitaker, 820 F.3d 849 (2016), People v. Burns, 2016 IL 118973, People v. Bonilla, 2018 IL 122484, and People v.

Lindsay, 2018 IL App (3d) 150877, appeal pending (Jan Term 2019).

UNITED STATES V. JARDINES In Jardines, the Supreme Court held that the government’s use of a drug-sniffing dog on the porch and at the door of a single-family residence was a Fourth Amendment search because those areas were curtilage “immediately surrounding and associated with the home,” and thus protected under the Fourth Amendment.3 The Supreme Court relied on long-standing law that the government cannot perform a search on curtilage without a warrant or consent regardless of the tools used.4 Justice Scalia wrote the majority opinion in Jardines, however, it was the concurring opinion of Justice Kagan that has had the more dramatic influence on current Illinois law.

While Justice Scalia limited the government’s “search” to the physical trespass onto Jardines’ curtilage, i.e., the property based approach, Justice Kagan found that Jardines’ reasonable expectation of privacy rights under the Fourth Amendment had also been violated.5 Justice Kagan believed that the government’s use of a drug-sniffing dog to search inside the home could have easily been decided based on Kyllo v. United States’, 533 U.S. 27 (2001),6 prohibition of the government’s use of “a device that is not in general public use, to explore details of the home that would previously have been unknowable without physical intrusion.7

Supreme Court’s limited application to single-family residences given the increasing number of people that lived in multi-unit dwellings due to financial necessity, particularly in urban areas such as Chicago due to financial necessity.8 In 2016, when there were over 2.5 million apartment dwellers in Chicago and its surrounding areas,9 the Seventh Circuit decided United States v. Whitaker, 820 F.3d 849 (2016). In Whitaker, police officers performed a warrantless search with a drug dog in a locked, but shared apartment building hallway.10 The officers brought the dog to Whitaker’s apartment door and the dog alerted to the presence of drugs for which Whitaker was charged.11 At trial, Whitaker’s motion to suppress was denied.12 On appeal, Whitaker argued that the use of a drug-detection dog at his apartment door was a prohibited Fourth Amendment search, both under the curtilage-property analysis per Justice Scalia’s majority opinion in Jardines and under the reasonable expectation of privacy analysis per Justice Kagan’s concurring opinion in Jardines.13 While the Whitaker court acknowledged that Whitaker did not have “complete” privacy in the apartment hallway, it found the search violated Whitaker’s reasonable expectation of privacy echoing Justice Kagan’s concurrence to Jardines and reliance on Kyllo:

It is unclear how far reaching Fourth Amendment

protections will be under an

expectation of privacy analysis when the government uses

a drug dog to search a home

when they are not on a person’s property or it’s curtilage.

“Whitaker’s lack of a right to exclude did not mean he had no right to expect certain norms of behavior in his apartment hallway.

Yes, other residents and their guests (and even their dogs) can pass through the hallway...Similarly, the fact that a police officer might lawfully walk by and hear loud voices from inside an apartment does not mean he

UNITED STATES V. WHITAKER Following Jardines, critics raised concern with the 3 569 U.S. at 7, 11.

4 Id. 5 Id. at 12.

6 In Kyllo, the United States Supreme Court held that the use of a thermal imaging, sense-enhancing tool not available to the general public to obtain information to detect activity inside a home, that was not visible to the naked eye and that could not be obtained without physical intrusion, was a Fourth Amendment search. Kyllo v. United States, 533 U.S. 27 (2001).

7 569 U.S. at 12-15.

8 9 10 11 12 13

Eric Connon, Growing Jardines: Expanding Protections Against Warrantless Dog Sniffs to Multiunit Dwellings, 67 Case W. Res. L. Rev. 309, 326 (2016).

Id. citing quick facts: residential demographics, nat’l multi family hous. Council, http://www.nmhc.org/content.aspx?id=4708.

The officers obtained permission to enter the building from the building’s manager.

Id. at 851.

Id. at 852.

Id.

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could put a stethoscope to the door to listen to all that is happening inside. Applied to this case, this means that because other residents might bring their dog though the hallway does not mean the police can park a sophisticated drug-sniffing dog outside an apartment door, at least without a warrant.”14 The Whitaker Court additionally considered the potential for Fourth Amendment protection disparity based on the “arbitrary lines,” between single family and multi-unit residences, against the practical reality that, “the percentage of households that live in single-unit, detached houses consistently rises with income.”15 PEOPLE V. BURNS Following Whitaker, the Illinois Supreme Court in People v. Burns,16 found that the police officers’ warrantless use of a drug-sniffing dog outside the defendant’s apartment landing in a locked apartment building during the middle of the night violated the defendant’s Fourth Amendment rights because the apartment landing constituted curtilage pursuant to Jardines’ majority.17 PEOPLE V. BONILL A Similar to Burns, the officers in People v. Bonilla,18 performed a drug-sniff outside of defendant’s apartment door, however in Bonilla the apartment building was unlocked. The Supreme Court found that a prohibited fourth amendment search had occurred and that “the threshold of the door to defendant’s apartment falls within the curtilage of the home,” akin to Burns, regardless of whether the building was locked.19 PEOPLE V. LINDSEY Most recently, in People v. Lindsey,20 the Appellate Court extended Jardines’ to its furthest point yet. In Lindsay, the police brought a drug dog to the American Motel Inn where they knew Lindsay was staying. The motel hallways were open to the public and unlocked.

The officers walked the drug-sniffing dog down the hallway and the dog altered to narcotics when it sniffed Lindsay’s motel door, door seams and handle. The 14 Id. at 853-54.

15 Whitaker at 854, citing United States Census Bureau, American Housing Survey, Table Creator, http://sasweb.ssd.census.gov/ ahs/ahstablecreator.html.

16 People v. Burns, 2016 IL 118973.

17 For the factors courts use to determine if property is “curtilage”, see United States v. Dunn, 480 U.S. 294 (1987).

18 People v. Bonilla, 2018 IL 122484. The Appellate Court’s opinion in Bonilla, 2017 IL App (3d) 160457, is discussed at length in Megan Mack’s article, “Court’s Interpret 4th Amendment Protection to Extend to Vehicles Parked in Driveways & Apartment Doorways,” published in the Law Bulletin’s February 2019 Edition. The Supreme Court affirmed the Appellate Court in 2018 IL 122484.

19 Id. 20 2018 IL App (3d) 150877, appeal pending (Jan Term 2019).

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court applied Whitaker, the concurring opinion of Jardines and Kyllo and found that the government violated Lindsay’s reasonable expectation of privacy when it used a highly sophisticated drug-detection dog to explore details in the motel room that were previously unknown to the officers.

WHERE ARE WE NOW? It is unclear how far reaching Fourth Amendment protections will be under an expectation of privacy analysis when the government uses a drug dog to search a home when they are not on a person’s property or it’s curtilage. In those cases, courts appear to be emphasizing the tools that are used by the government and the target of the search, i.e., the home, rather than the location of the searcher.21 For example, most of the decisions discussed above distinguished a drug sniff of a home from a drug sniff of a person’s effects at an airport or an automobile at a traffic stop (United States v. Place, 462 U.S. 696 (1983), and Illinois v. Caballes, 543 U.S. 405 (2005)) because, “[n]either case implicated the Fourth Amendment’s core concern of protecting the privacy of the home.”22 Also, the discussed analysis would not apply when incriminating evidence is within the “plain view” or “plain smell” of an officer who has used his/her natural senses from a permitted vantage point on property to discover what is occurring inside a private residence,23 and the law remains that a police officer may approach a home and knock without a warrant, precisely because that is “no more than any private citizen might do.”24 Summarizing, in Illinois, it is now clear that incriminating evidence obtained by the government as a result of a drug sniff that occurs at the door and immediate surroundings of a multi-dwelling building is a Fourth Amendment search, under a curtilage property analysis as well a reasonable expectation of privacy analysis, whether that building was locked, unlocked, public or private.

21 Eric Connon, Growing Jardines: Expanding Protections Against Warrantless Dog Sniffs to Multiunit Dwellings, 67 Case W. Res. L. Rev. 309 (2016) 22 Whitaker, 820 F.3d at 853.

23 People v. Wright, 41 Ill.2d 170, 175 (1968).

24 People v. Burns, 2016 IL 118973, ¶ 26.

Romanucci & Blandin, LLC is proud to welcome Bob Baizer, Joe Kolar and David Neiman of Baizer Kolar Neiman P.C. to the firm.

Our Pursuit for Justice Continues…

321 N Clark St • Suite 900 • Chicago, IL 60654 | (312) 458-1000 | info@rblaw.net | rblaw.net | Additional office locations in Lake County and DuPage County

May 2019

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2019 LCBA Golf Outing

July 25, 2019 | Glen Flora Country Club Register online at www.lakebar.org

Players of all levels are encouraged to participate in the 2018 Lake County Bar Association Golf Outing.The LCBA Golf Outing is guaranteed to be a huge success which you do not want to miss.

Feel Good Four Pack (per player) Does your golf game struggle a bit?

No worries – for a $20 contribution to the Lake County Bar Association, you can purchase a Feel Good Four Pack consisting of the following:

Golf Championship Trophy For those who take this outing seriously, this is your goal.

Remember, two members of a foursome must be LCBA Members to win the trophy.

• 2 Do-Over Mulligans for Tee Shots • 1 Do-Over Mulligan for a Chip Shot • 1 Give-Me - If ball is within 2 putter lengths of hole, pick it up and count is as only one stroke • 5 additional raffle tickets for door prizes

Contests for players of all levels • 1st, 2nd 10th & “You Should try Bowling” Place Awards • Men’s/Women’s Longest Drive • Men’s/Women’s Straightest Drive • Men’s/Women’s Closest to the Pin • $10,000 Hole In One Prize Contests for players of all levels $185/player or $700/foursome • Greens fee, cart and range balls • Lunch, two beverage tickets and post play reception • Commemorative golf item • 1 door prize ticket per player • Raffle Prizes and Outing contests • 50/50 Ball Drop • Raffle prizes

Raffle Prizes We are seeking 5 - 10 raffle prizes valued at $500 or above. Donors receive: • Firm, organization or company prominently displayed throughout the championship • Firm, organization or company name/logo on all advance promotional materials once commitment is made • Acknowledgment of sponsorship in player welcome packet • 1/4 page ad in August or September 2019 issue of The Docket

• Registration & Practice 10:30 a.m.

• Lunch 11:00 a.m. - 12:30 p.m.

• Shot Gun Start 12:30 p.m.

• Post Game Reception Approx. 5:00 p.m.

The Fine Print No reservations will be accepted unless payment is received (or guaranteed by a credit card) by Friday, July 19, 2019. No refunds will be issued after 12:00 Noon, Friday, July 19, 2019. Any member who reserves a foursome will be responsible for the payment and attendance of the entire group.

The reserving LCBA member’s credit card will be charged for the entire group fee regardless of whether the entire foursome is present to play on Thursday, July 25, 2019 (unless prior arrangements have been made before the cancellation date).

Join the fun as a Sponsor Hole In One Sponsor: $1500 (Exclusive to only 1 sponsor) Eagle 4-Some Sponsor: $1,200 (Exclusive Hole Sponsorship & 4-Some) Gold Tee Sponsor: $750 (Exclusive Hole Sponsor) Golf Cart Sponsors: $500 (2 available) Competition Sponsor: $250 (Longest Drive / Straightest Drive / Closest to the Pin) All sponsors acknowledged on rules sheet, during post-round reception and in the August issue of The Docket.

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May 2019

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Getting to know Judge Ari Fisz

J

BY SHYAMA S. PARIKH

udge Ari Fisz was born in Chicago, Illinois to Helen and Leo Fisz and has a younger sister, Esther. His father is from Russia and his mother is from Poland and they both immigrated to the United States in the late 1960’s. Judge Fisz grew up in Niles and later moved to Des Plaines, around the time he started high school.

He completed his undergraduate degree in Speech Communication at the University of Illinois, Urbana Champaign, and also attended same for Law school.

From a very young age, it was Judge Fisz’ dream to be an advocate and the idea of being a Trial lawyer appealed to him.

Upon graduating Law school, also at the University of Illinois, he joined the Litigation Department as an Associate for Arnstein & Lehr for two years. He later joined Gardner, Shyama S. Carton & Douglas as an Associate in Parikh has been an their Litigation Department for two Attorney years. Judge Fisz joined the State’s in Lake Attorney office in Lake County, IlliCounty, Ilnois in 2002 until he took the bench linois since in 2018. He always wanted to work in 2003 and primarily public service and be a Trial lawyer represents so the move from private practice to clients in our State’s Attorney office was a perfamily law fect fit. In fact, he met the Honorable matters.

Daniel Shanes in 1993, while in his

22 The Docket

junior year of college. Judge Fisz was competing on the U of I Mock Trial team while Judge Shanes was clerking for Justice Steigmann on the Fourth District Appellate Court. Judge Shanes volunteered to be a Coach for the U of I Mock Trial Team and through that they got to know each other and stayed in touch. According to Judge Fisz, Judge Shanes was instrumental in him coming to Lake County.

He also fondly remembers his other mock trial coach, Angel Gomez, who was a Trial Lawyer. Angel said to him, “I will never get tired of trying cases” and Judge Fisz remembered that often as he progressed in his career. Specifically, he worked as a Prosecutor for sixteen years and recalls his “obsessive and exhausting” trial preparation, but he loved the in court part the best.

Judge Fisz recalls developing as a lawyer. Early on in his career as a

Prosecutor, he thought of himself as an Advocate almost exclusively, he later transitioned into the mindset of “doing justice” and that his job was “to do the right thing.” This could mean a variety of things, either a conviction at Trial, a dismissal, or the decision not to charge a case at all. As that evolution took place, he went from being an advocate to now being an impartial arbiter.

He recalls trying a big case with the Honorable Christen Bishop against Elliott Pinsel and Robert Gevirtz in front of the Honorable Christopher Stride in the summer of 2007. Within a year after that, it was suggested that in the future, he should try to become a Judge. He had never really thought about it prior to then. Judge Fisz grew up with a “blue collar” upbringing and had not really considered the possibility of becoming a Judge.

Coincidentally, Judge Fisz has always been fascinated with the principle of “fairness.” In fact, he remembers writing a paper on the “Definition of Justice” in Law School. He also recalls the concept to be “simple, yet complicated.” Now it is his job to determine what is fair and how to apply the law. When making substantial decisions, Judge Fisz tries to gather information, research the law, possibly discuss issues with colleagues, and then makes his decisions.

We further discussed his journey to the bench and he recalls beginning to apply to become an Associate Judge in November, 2010. In February, 2018, he received a telephone call from Chief Judge Jay Ukena and was informed he was one of the two finalists. When he found out that he was selected, Judge Fisz felt “elated, gratified, and humbled.” He called his wife first and she was very happy for him, especially because she knew how excited he was at the prospect of serving the community in this way. Judge Fisz and his wife were married in 2005 and his wife is a practicing Attorney.

Their family welcomed a baby girl, Olivia, in late 2006 and a baby boy, Jake, in the summer of 2008.

Judge Fisz was sworn in on March 16, 2018. His

children were young, and knew this was something their father wanted, but they didn’t actually realize what it was until they visited branch court during the summer of 2018 and thought it was “so cool!”

He remembers shadowing Judges for three weeks with a detailed calendar that was planned for him so he could visit each division and get experience. He also recalls being overwhelmed because there was a lot to understand and remember about each court call.

Judge Fisz started in Park City branch court presiding over traffic cases. He recalls seeing the direct effect he had on peoples lives. He has also presided over the civil arbitration call and states he has had a nice mix of criminal and civil cases thus far. He is happy to go wherever he is assigned and just wants to be “a really good judge.”

When asked what his goal is, he states he wants to be a Judge that litigants and lawyers want to have their case in front of. It is important to him that he is perceived as a “fair-minded” judge by both lawyers and litigants alike. In his time on the bench, he states it is easy to tell when a lawyer is prepared versus not prepared, and obviously prepares those that are prepared.

Judge Fisz chuckled as he remembered an incident in an ordinance violation case in which he was called a very bad name and almost had to hold a litigant in direct criminal contempt.

At this time, he is focused on his children and family. His son plays baseball and his daughter loves science/engineering and going to work with him. In fact, Judge Fisz is proud of making his son a sports fan -- he and his son especially enjoyed when the Cubs won the World Series on November 2, 2016. He is also fond of movies and calls his daughter a movie-phile. He, himself, is a Cubs fan, a Bulls fan, and a Bears fan. The Judge is currently the Chairperson for the CLE committee of the Lake County Bar Association, the Coach of his son’s baseball team, and both he and his wife are very involved in their kids school and activities.

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Board of Directors’ Meeting

The

March 21, 2019

T

he Lake County Bar Association Board of Directors met at noon on Thursday, March 21, 2019 at its office in Waukegan, Illinois. Present were B. Lewis, S. Rice, P. Cornell, S. Parikh, J. Fusz, K. Hatch, and Executive Director D. Perrin. The meeting was called to order at 12:11 p.m.

CONSENT AGENDA A motion was made to approve the consent agenda, was seconded, discussion ensued, and the motion to approve the consent agenda passed.

TREASURER’S REPORT The July, 2018 through February, 2018 financial reports were reviewed and we are outperforming our cash flow projection. Current bank balances are greater than expected partly due to not having the expense of a third employee. There are upcoming CLE expenses, but they will mostly be done by the end of April, 2019. Going forward, a

24 The Docket

reconciliation for end of our fiscal year will have to take place in order to indentify areas were modifications can be made in our budget. Credit card charges and statements continue to be reviewed and the limit on the credit card has been increased, largely to accommodate the family law conference. There are still hotel rooms left for said conference. We remain in good financial standing.

EDUCATIONAL PROGRAM FOR YOUTH OFFENDERS The video will be called “Real Life.” D. Hodgkinson met with the team to review scripts and presentations.

The Videographer will come out and give recommendations on what will be shot, when the shooting will take place and where it will take place; the target is for end of May, 2019.

STAFFING UPDATE A new staff member was hired and will be starting on Monday. We welcome Kate Montemayor as a part-time

Meeting Minutes

BY SHYAMA S. PARIKH SECRETARY

addition to the Lake County Bar Association office. She will be working approximately 25 hours per week.

ASSOCIATION DUES INCREASE AND FOUNDATION DUES CHECK-OFF Continued discussion took place regarding a potential dues increase and mandatory Foundation contribution. The last increase was in 2017, and it was after the passage of about nine years. As part of membership dues, there is a voluntary contribution to the Foundation of $50, which about 50% pay. One idea proposed was to increase the Foundation contribution to $75. Discussions took place regarding different membership rates for private/public attorneys as well as a different membership rate based on years of practice. There was a pilot program at the 2016 Criminal Law Seminar that was previously implemented in order to recruit new

members, but it was unsuccessful.The goal of the Association is to increase membership, especially the younger/new attorneys.

In addition, we not only seek to collect dues, but to get participation at events and for the organization to grow. The budget was analyzed and fixed expenses were calculated in order to determine what amount in dues would be needed to break even and whether a dues increase would make any substantial difference.

Dale will conduct a reconciliation plan to show cash flow in order to know if a dues increase will make a difference. We will also ask the Accountant to put together some numbers so we have better data to make the best overall decision.

MEMBER PHOTO PROJECT A bid has been received for head shots and for a group photo. Additional bids will be sought.

INFORMATIONAL ITEMS Liberty Bell Awards: Will take place on April 25, 2019 at Waukegan City Hall.

Nominations are due by 4/8/19 and winners will be selected on 4/15/19.

Spring Member Picnic: Will take place on May 31, 2019. The location is yet to be determined.

Access pass: Courthouse security are now more strictly enforcing the Access pass. Sales of same continue and have increased significantly since January, 2019.

Appellate Justice Reception: Dates will be

provided to Justice Schostok in order for her to circulate with the Justices. The Reception can take place in Waukegan and will likely be at the end of June/early July.

2019-2020 Foundation Board Members: Discussion took place regarding recommendations for members to serve on the Foundation Board.

House Bill 185 Resolution: Discussion took place regarding the Association’s support and prior support to reject same. A Motion was made to support another letter rejecting this House Bill, was seconded, discus-

sion ensued, and the motion passed, with telephonic vote

by D. Del Re, T. Newsome, and P. Cornell.

South Entrance issue: Efforts are being made to re-open the south entrance. The Clerk of the Circuit Court has approached the Board and asked for support. Reported costs for the re-opening have been inconsistent, which is problematic.

Some of the observations are that there is already a person sitting there, there are problems with handicap accessibility, people attempting to leave from

said location and potentially other sneaking in from same. A Motion was made for the President to draft a letter for the Board to review and submit, once it is approved, was seconded, discussion took place, and the motion passed.

New Members: The Board continues to contact new members to invite them to lunch and/or upcoming events as a way to welcome them and be available.

Motion was made to adjourn at 1:24pm, was seconded and the Motion passed.

Member Reception June 27, 2019 4:30 - 6:30 p.m.

Join us after work to network with fellow members at the LCBA Member Center Sponsored by

MEMBER RECEPTION SPONSORSHIP OPPORTUNITIES LCBA Member Receptions will generally be held on the 4th Thursday of every month.

Your $500 sponsorship includes: • Recognition in advertising before the event and on signage at the event • Reception from 4:30 – 6:30 p.m.

• Complimentary beer and wine. Upgrades available for additional fee.

Contact Dale Perrin at dale@lakebar.org to add your name to a reception.

May 2019 25

Change

C

hange. Sometimes change is good.

Sometimes it is unwanted and considered bad. Take divorce for example. If, say the wife files for divorce because the husband is abusing her and or the kids, it’s a good thing for the wife and kids. However, the husband likely thinks it’s bad and would prefer it not to happen.

Change happens to all of us at some time or another. Whether you choose to change, or it was forced upon you, there is almost always challenges associated with it. Sometimes the challenges are minor little things that we take for granted but can really disrupt our lives, at least for a short time.

The Lake County Bar Association & Foundation has seen its share of change over the past couple of years. Many are positive changes. Several not so positive. Take our office for example. The remodel was a very positive change that we chose to make. But it cost a consid-

26 The Docket

In the erable amount of money and disrupted operations for quite a while. If you have not visited our newly remodeled office, you need to do so. I guarantee you will be impressed and proud of your Association.

Keep in mind that the renovation was done with you in mind. This beautiful space is here for you to use. If nothing else, feel free to park in our large lot and walk the 500 steps (yes, I counted) to the North Entrance of the Courthouse.

The Family Law Committee made a big change at their annual conference last month in Scottsdale.

This year they conducted a Mock Trial rather than two days of speakers. Congratulations to the planning committee and everyone involved in making this happen. It required a lot of work but the results were fantastic, fun and extremely valuable to those who attended.

Long-time Executive Director, Chris Boadt left abruptly a year ago January and was subsequently

Director’s Chair

indicted for theft. I was persuaded away from my long-time position as ED of the Lake Zurich Area Chamber to take over as the ED here. This was a very difficult decision for me, but one that I’m glad I made.

Long-time LCBA employees Virginia Elliot and Jose Gonzalez both left to pursue other career opportunities within the last year. Katherine “Katie” Montemayor was hired in March as the Office Manager/Administrative Assistant. Katie is a Waukegan native and comes from a long career with the County having served in several positions starting as an intern in the late 90’s. If you haven’t yet, be sure to stop in and welcome Katie to our family. As of this writing, search is underway to replace Jose as the Membership Manager.

Stay tuned.

As our 2019-2020 fiscal year is about to

BY DALE PERRIN

begin, and new leadership takes over on the Boards, additional changes are in the works. Some of the changes are minor administrative things that you likely won’t notice. Others are new programs and events that you will notice and benefit from.

In order for our organization to continue to grow and benefit you (our members), we need to embrace change and seek out new ways to help you succeed and grow. The Association’s leadership and office staff is not a silo with our own agenda.

We seek and rely on your input and involvement.

Please get involved. Express your thoughts and opinions. Let us know what you would like this organization to do to help you succeed.

Thank you for your continued support and involvement with the Lake County Bar Association and Foundation.

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May 2019 27

Monthly

Committee Meetings

DAY

MEETING

LOCATION

TIME

1st Tuesday

Diversity & Community Outreach

LCBA

12:15-1:15

1st Thursday

Real Estate

Primo, Gurnee

5:30-6:30

Editorial 1st Thursday (Odd Mo.) Docket Committee

LCBA

12:15-1:15

2 Tuesday

Waukegan Courthouse 12:15-1:15

nd

Criminal Law

2nd Tuesday (Odd Mo.) Immigration

LCBA

4:30-5:30

2 Wednesday

Family Law Advisory Group (FLAG)

LCBA

12:00-1:00

2nd Wednesday

Civil Trial and Appeals

LCBA

4:00-5:00

2 Thursday

Young & New Lawyers

TBD

5:30-6:30

3rd Tuesday

Local Government

LCBA

12:15-1:15

3rd Tuesday

LCBF Board of Trustees

LCBA

4:00

3rd Wednesday

Debtor/Creditor Rights

Varies

5:30-6:30

3rd Wednesday

Family Law

C-105

12:00-1:00

3nd Wednesday

Trusts and Estates

LCBA

12:15-1:15

3rd Wednesday (Odd Mo.) Employment Law

Varies

5:15-6:15

3rd Thursday

LCBA

12:00 noon

nd

nd

LCBA Board of Directors

• RSVP to a meeting at www.lakebar.org.

• Meetings subject to change. Please check your weekly e-news, the on-line calendar at www.lakebar.org or call the LCBA Office @ (847) 244-3143.

• Please feel free to bring your lunch to the LCBA office for any noon meetings. Food and beverages at restaurants are purchased on a individual basis.

28 The Docket

Annual Member Picnic Luncheon May 31 12 pm Greenbelt Cultural Center

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