The Docket - June 2021

THE

DOCKET The Official Publication of the Lake County Bar Association • Vol. 28 No. 6 • June 2021

Memorial Service 2021 LCBA

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Contents THE DOCKET • Vol. 28, No. 6 • June 2021

COLUMNS 2 President’s Page Thank You, and Hello!

BY JOESEPH FUSZ, PRESIDENT

4 The Chief Judge’s Page Law Day

BY CHIEF JUDGE DIANE WINTER A publication of the

6 Bar Foundation

A Foundation for Change

BY DOUGLAS DORANDO, PRESIDENT

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 Hon. Daniel L. Jasica Sarah A. Kahn Kevin K. McCormick Hon. Raymond J. McKoski Stephen J. Rice Neal A. Simon Hon. ­­­James K. Simonian Rebecca J. Whitcombe Alex Zagor

8 Monthly Case Report 14 Foundation & Committee Minutes 20 The Meeting Minutes April 22, 2021

LCBA EVENTS IFC 2021 LCBA Office Rental Pricing 3 New LCBA Members 5 Lawyer Referral Service 7 Calendar of Events 11 Thank You to Our Sponsors 13 Thank You to Our Sponsors 15 Golf Outing 32 Monthly Committee Meetings

BY KATHARINE S. HATCH, SECRETARY

STAFF Jose Gonzalez Membership Coordinator Nancy Rodriguez Receptionist

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Thank You, and Hello!

I

t is June 2021, and while we are still dealing with an everchanging world, it is also the annual time of change in leadership at the Lake County Bar Association. I want to begin my term as your President by recognizing the bar asso-

Joseph Fusz President Tara Devine First Vice President Katharine Hatch Second Vice President Kevin Berrill Treasurer Daniel Hodgkinson Secretary Hon. Patricia Cornell Immediate Past President Dwayne Douglas Hon. Jacquelyn Melius Craig Mandell Sarah Raisch Jeffrey O’Kelley Jeremy Harter

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ciation leaders who have worked to hold our organization together over the past pandemic year, and introduce myself to those of you who I may not know.

Starting off, I want to give a very special thanks to Hon. Patricia Cornell, our outgoing President and current Immediate Past President. Trish worked tirelessly over the past twelve months to ensure the continued stability of our organization, and the LCBA would not be where we are today without all of her hard work.

Thank you as well to our outgoing Immediate Past President Steve Rice and outgoing Treasurer Kathleen Curtin for all of their countless hours of effort to ensure the financial and institutional stability of the bar association. Finally, thank you to our outgoing Directors David Del Re and Thomas Pasquesi for their many contributions over the last three years of service on our board.

The

President’s Page

While I know many of you, I wanted to take the time to introduce myself in this President’s Page to those who I have not met.

I grew up in Lake County and went to college at the University of Illinois Urbana-Champaign, where I studied Political Science and History. I attended law school at Loyola University New Orleans, worked for the Supreme Court of Louisiana’s Judicial Administrator’s Office and completed a summer legal study abroad program in Vienna, Austria.

During my Fall 2005 “Hurricane Katrina semester,” I attended DePaul University and worked as a Supreme Court Rule 711 Intern for the Cook County State’s Attorney’s Office. I was also an intern at the Lake County State’s Attorney’s Office for four summers during college and law school.

I am currently employed as an Assistant

BY JOSEPH FUSZ PRESIDENT State’s Attorney in the Lake County State’s Attorney’s Office in Waukegan, IL, and serve as the Chief of the Cyber Crimes Division and the Chief of the Special Investigations Division. It is truly my privilege to work with the attorneys, investigators and analysts of these two divisions. I also serve as one of the staff members of the Internship Committee, and have been able to assist in the planning and development of the office’s intern program for this coming summer.

Moreover, I have had the opportunity to work in private practice at Lake County law firms as well.

I was an attorney at Salvi, Schostok & Pritchard, P.C. in Waukegan, and as Michael Schostok’s associate, I worked on catastrophic personal injury, medical malpractice and nursing home litigation. Furthermore, I was an attorney at

the Law Offices of David R. Del Re, P.C. in Waukegan, and as a partner, I worked on criminal defense matters, protective order litigation, and DCFS appeals.

While working for David, I also served as an appointed Guardian ad litem in the Probate and Family Law Divisions.

Many people do not realize that I also teach at the College of Lake County in Grayslake, IL. As an adjunct instructor in the Legal Studies Department, I have had the opportunity to teach hundreds of students in our ABA-approved Program, under the departmental direction of full-time faculty members Gayle Miller and Lori Scott.

For the last twelve years, I have taught either the “Introduction to Legal Studies” course or the “Litigation” course on weeknights during the spring and fall semesters, and guest-lectured in “Introduction to Forensics” and “Business Law.” Finally, I also had the opportunity to speak at the regional conference of the American Association for Paralegal Education (AAfPE) in Chicago, IL. I have been fortunate enough to have been a member of the Lake County Bar Association for my entire legal career, and I was able to gain experience and insight serving on multiple different committees. I was the chair of the Young & New Lawyers Committee for several years, as well as the chair of the Membership Committee. I also served as the co-chair of the Civil Trial & Appeals Committee, and assisted Chairwoman Hon. Jacqui Melius in coordinating the Civil

Trial & Appeals Committee seminar. I have had the opportunity and privilege to present at several seminars, including the Criminal Law seminar in Milwaukee, WI, and the virtual Guardian ad Litem (GAL) Seminar.

Additionally, I have had the opportunity to be involved with multiple other professional organizations here in Lake County. I am a member and Past President of the Jefferson Inn of Court, the Lake County chapter of the American Inns of Court, an organization that seeks to improve the skills, professionalism and ethics of the bench and bar. I was a “Teen Court Judge” for the NiCASA Teen Court Restorative Justice program for multiple years.

I have also been a member of the Association of Women Attorneys of Lake County (AWALC) for several years. Finally, I previously served on the Board of Directors for the Mary Pat Maddex Place, which sought to build a stable foundation for families to become self-sufficient in Lake County.

Rarely does one get anywhere by themselves, and I am not one of those rare cases. While there are too many to name in this President’s Page, I would be extremely remiss if I did not recognize a few people right away. First off, I would not be able to participate in the Lake County Bar Association without the support of my amazing wife Nicole.

While she balances her own successful career as a marketing operations manager at a local pharmaceutical company, Nicole has understood the importance of, and fully supported my

interest and involvement in, our legal community’s largest professional organization. I absolutely cannot thank her enough for all of her encouragement and support over the years.

Additionally, I need to recognize and thank my parents, Michael and Fatima Fusz. While my future President’s Pages will most likely be full of anecdotes I have learned and experiences I have had, the values taught at an early age to my siblings and me by our parents resonate through all of them. Paramount in my parents’ teachings was the obligation to be involved our community, and the responsibility to help others when possible.

However, more significant than their words in this regard were their actions, and my parents set the standard and example for all of us by volunteering their time and energy to our churches, schools and other community organizations, including my father’s involvement in the Lake County Bar Association. In fact, I would not have met my wife without following this example; Nicole and I were introduced while we were volunteering at the 2009 Oktoberfest held at St. Alphonsus Catholic Church in Chicago.

Furthermore, I have had the opportunity to work with many amazing lawyers and judges over the course of my legal career, and many of them were instrumental in my involvement and advancement in the bar association.

Keith Grant, Joy Gossman, Justice Mary Schostok, Don Morrison, and David Del Re, among others, were all

extremely influential in my participation in the Lake County Bar Association, nomination onto the Board of Directors, and advancement onto the Executive Board. I would not be where I am today without their years of support, inspiration, and advice, and I am extremely grateful to all of them.

My next President’s Page will be more focused on the direction of our professional organization, and ideas for the year ahead.

But in the meantime, I want to thank you all for being members of the Lake County Bar Association, and for all of the many contributions that you have made and continue to make to our great organization.

Please feel free to reach out, introduce yourself and let me know any ideas or suggestions that you have.

I look forward to working with you and serving as your President for the year to come.

Welcome

New LCBA Members

ATTORNEY Cecelia Blue Global Consulting Georgia Michaels Kyriacou The Chicago Trust Company, N.A. James Fine Antioch Legal, LTD. Anna Kaczkowski Law Office of Miriam Cooper & Associates, LLC Patrick M Brady Lake County State’s Attorneys Office PROFESSIONAL Joseph A Nigro

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Law Day

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his year’s Law Day theme was “Advancing the Rule of Law, Now”—and the Nineteenth Judicial Circuit was proud to host a virtual Law Day Awards Ceremony for 2021.

Law Day activities focused on students; you can never start too young to explain the American legal system. Under the leadership

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of Judges Reginald Mathews and Michael Nerheim, various judges reviewed artwork entries from kindergarteners through sixth graders for a coloring contest. The judges also read the essay entries from seventh and eighth graders. The attention to detail and colorful displays of various legal

The

Chief Judge’s Page settings from the participating schools was fantastic to behold. Enjoy the pictures accompanying this column.

BY CHIEF JUDGE DIANE WINTER The essay contest for the junior high students was also heartening. The students are clearly back to school and working hard which showed in the essays submitted. The first-place winner from the eighth graders was Sophia Jose from St. Patrick School, who wrote “[t]he Rule of law is a set of principles that ensures an orderly and just society. It is important that every citizen supports the idea that no one is above the law and that everyone should be treated equally under the law.

Human rights should be guaranteed for everyone, and it is important that everyone be held accountable to the same laws.” Both her parents and her teacher, Rebecca Miekczynski, should be very proud! Also, knowing young people have a good grasp of the legal system is an inspiration for all of us to continue our

efforts to educate others— whether we are at work or out in the community—of the importance of the rule of law.

Of course, no Chief Judge Docket page these days would be complete without an update concerning courthouse Covid developments. In-person jury trials have begun and are occurring at the rate of about two jury

trials per week. Currently, the number of jury trials that can proceed at one time is limited because of the increased number of deputies that are required under Covid social distancing requirements.

Right now, two courtrooms are required for each jury trial: one courtroom for the trial, and the other for jury breaks and deliberations. The Governor has

just announced June 11 as a possible date for beginning Phase 5. Once that occurs, we will be able to call in more jurors and to use our jury rooms instead of a second courtroom.

Finally, the different divisions of the Nineteenth Circuit are currently working on the court procedures that can be implemented once the distancing Covid restrictions are removed.

Some of the changes we made over the last year will be incorporated to streamline court procedures. How new technologies will be utilized may involve a fair amount of trial and error; however, it is safe to say we will not be returning to the old way of doing things.

One thing is for certain; I am looking forward to seeing you at the courthouse and the LCBA office.

LAWYER REFERRAL SERVICE

WHY SHOULD YOU JOIN? 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 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.

ATTORNEYS NEEDED IN THE FOLLOWING CATEGORIES • Administrative • Bankruptcy • Commercial • Consumer • Employment • Environmental •E state Planning, Wills, Trusts and Probate

Visit lakecountylawyer.info for a complete list of available categories.

Cost is only $200 annually for a Standard listing or $350 for a Premium listing. Download the application at www.lakebar.org/page/LRS or contact the LCBA office for more information.

CONTACT THE LCBA AT 847.244.3143 OR INFO@LAKEBAR.ORG

LAKECOUNTYLAWYER.INFO June 2021

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A Foundation for Change

W

hen I was asked to take the mantle of the President of the Lake County Bar Foundation several weeks BOARD OF TRUSTEES Douglas Dorando President Carey Schiever Vice President Perry Smith, Jr. Treasurer Joan Fratianni Secretary Nicholas Riewer Past President Jennifer L. Ashley Jeffrey A. Berman Nandia P. Black Kristie Fingerhut Hon. Fred Forman (Ret.) Scott B. Gibson David J. Gordon Keith C. Grant Fredric B. Lesser Amy L. Lonergan Steven P. McCollum Joseph McHugh Michael Ori Shyama Parikh John Quinn, Sr. Eric Rinehart Melanie Rummel David Stepanich Hon. Henry C. Tonigan (Ret.)

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ago, I was sure that now former President Nicholas Riewer was joking—how could a relatively young attorney who had moved to Lake County only five years ago from Iowa take on this role? Nevertheless, I gratefully accepted.[1] Let me start by thanking Nick for this opportunity, but also for his hard work these past two years.

Nick led the organization deftly during times of incredible hardship. We moved out of a period of internal self-reflection and change as an organization, to the external (global) issues with which we have to grappled during the pandemic. I’d like to sincerely thank Nick for 1 And for the editors, especially the Hon. Charles D. Johnson, who have been needling me to write for this publication for nearly that full five years, I suppose you finally get a Docket article out of me—a recurring one, no less.

BY DOUGLAS DORANDO PRESIDENT his leadership through this period, as well as his continuing dedication and commitment to the Foundation and its legacy.

As I noted, Nick and the entire Foundation Board rallied in this past year, dealing with the ever-changing pandemic restrictions to find new and innovative ways to continue the Foundation’s mission: to support the Lake County community and to facilitate education and access to justice. The Gala might have been postponed, but Nick, Melanie Rummel, and countless others rallied the Board to find alternative ways to fundraise, ultimately producing the “Art with a Heart” wall and auction. In spite of the pandemic, the Board continued to meet, and rewrote its bylaws to better support the ongoing missions of the Foundation.

Through the economic havoc wrought by the pandemic, this organization still funded countless programs and is in a position to continue to do so. We look forward to announcing our updated grant program and application process soon, as well as continuing to support other ongoing programs such as Mock Trial and the Veteran’s History Project.

I’d also like to note the retirements from the Board of Trustees: Kenneth Glick, Joseph Morrison, and Hon. Michael Nerheim. On behalf of the Foundation, I thank the three of you for your service, support, and ongoing commitment to the organization and its mission over your many years of service.

I suppose I feel obligated at this point to introduce myself. Over the five years that I have

been in Lake County, the Bar Association has been a touchstone for me. But for the Gridiron, I likely would not have found my current employer in Daniels, Long & Pinsel. Here, I have had the privilege to practice almost exclusively in the realm of local government law. Those of you who’ve met me almost surely know that I spent time before this as an attorney in Iowa, occasionally leaving the halls of the Lake County Courthouse ringing “HOW’S IT GOING, IOWA?” as Rick Lesser calls out to me.

It has also been a pleasure to be so involved in the LCBA and LCBF, co-chairing the Local Government Committee for the past four years, and becoming a trustee of the Foundation. In both roles, I have sought to find novel ways to give back to the community—both our community of attorneys, as well as the citizens of Lake County who rely upon our work. I feel that energy to engage is what prompted me to be elected Foundation President.

At every turn, our profession is undergoing change. As I understand it (and if rumors can be believed) the Chief Judge, Diane Winter, like many of her peers across the state and country, is looking at expanding the use of technology in the courtroom as a result of the unexpected trial run that this past year has brought us. The Circuit Clerk, Erin Cartwright-Weinstein, is in the process of bringing the antiquated MS-DOSbased Court Records and Information Management

System into the Digital Age. And, on a national scale, the focus is again brought to our profession’s role in criminal justice reform, along with the issues of diversity and the socio-economic disparity within our profession.

These transitions and conversations highlight the ongoing need for the Foundation right now.

The Foundation’s purpose explicitly highlights education, diversity, and seeking to enhance access to justice. That mission will continue to be ever more valuable as these changes take form.

The primary way that we meet those objectives rests on you. As you will

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regularly hear from me, there are countless ways that you can support this important work: Attend the Foundation’s events, and invite your friends, co-workers, and family. Contribute financially. Right about now you should be renewing your Bar dues—make sure that you check off the box for the Lake County Bar Foundation. Write another

check. Use Amazon Smile to support the LCBF. Earmark cy pres funds. If you can’t afford to give money, volunteer your time. Each of these supports our mission, and helps the entire profession better advance justice in our community.

I look forward to serving, and to getting to know those of you I don’t yet know well.

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Calendar of Events

June 3 12:15 p.m. - 1:15 p.m.

GAL Training - International Child Abduction - Role of the GAL & How to Pursue & Prevent Zoom - register at lakebar.org June 11 12:00 p.m. - 1:00 p.m.

Lake County Bar Association Memorial Zoom or limited seating in Jury Assembly Room June 17 11:00 a.m. - 5:30 p.m.

2021 Lake County Bar Association Golf Outing White Deer Run, Vernon Hills June 18 12:00 p.m.- 1:30 p.m.

Sitting in Uncomfortable Spaces: Exploring Truths and Navigating Professional Relationships Zoom - register at lakebar.org

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April 2021

Monthly Case Report Editor’s Note: Monthly Case Report is provided by 19th Judicial Circuit Law Librarian, Emanuel Zoberman

Second Appellate District Cases Illinois Supreme Court – Civil Restore Construction Company, Inc. v. Board of Education of Proviso Township High Schools District 209 2020 IL 125133 Background: Contractors brought action against school district’s board of education, seeking recovery under quantum meruit, among other claims, for repair and restoration work performed for fire-damaged high school. The Circuit Court, Cook County, Brigid Mary McGrath, J., granted board’s motion to dismiss.

Contractors appealed. The Appellate Court, 433 Ill.Dec. 723, 133 N.E.3d 71, reversed. Board’s petition for leave to appeal was allowed.

Holding: The Supreme Court, Karmeier, J., held that lack of competitive bidding and absence of formal vote by board did not preclude quantum meruit claims.

Judgment of the Appellate Court affirmed.

Garman, J., filed dissenting opinion. ______________________________________________ Dynak v. Board of Education of Wood Dale School District 7 2020 IL 125062 Background: Teacher, who had given birth at the end of the school year, brought action against school district, seeking declaration that she had been entitled to use paid sick leave at the start of the next school year for the birth.

The Circuit Court, DuPage County, Bonnie M. Wheaton, J., granted district’s motion for summary judgment.

Teacher appealed. The Appellate Court, 434 Ill.Dec. 203, 135 N.E.3d 87, affirmed. Teacher’s petition for leave to appeal was allowed.

Holding: The Supreme Court, Anne M. Burke, C.J., held that teachers may only use paid sick leave for birth during the six-week period immediately following the birth.

Affirmed.

Karmeier, J., specially concurred and filed opinion in which Kilbride, J., joined. _________________________________________________

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Crim by Crim v. Dietrich 2020 IL 124318 Background: Parents, on behalf of son, filed medical malpractice action against physician, alleging failure to obtain informed consent for natural child birth and negligence during birth. The Circuit Court, Adams County, Mark A. Drummond, J., entered a directed verdict and entered judgment on a jury verdict in favor of physician, and the Appellate Court, 409 Ill.Dec. 221, 67 N.E.3d 433, reversed. On remand, the Circuit Court certified a question for immediate appeal as to whether a trial de novo was required on all claims. The Appellate Court, 2018 WL 5084728, answered the question in the affirmative. Physician’s notice of appeal was granted.

Holdings: The Supreme Court, Karmeier, J., held that: 1 question was question of law properly certified, and 2 parents were not entitled to new trial de novo on negligence claim.

Reversed and remanded.

Anne M. Burke, C.J., filed specially concurring opinion.

Kilbride, J., filed dissenting opinion. _________________________________________________

Illinois Supreme Court – Criminal People v. Brown 2020 IL 124100 Background: Defendant was charged by information with possessing firearm without Firearm Owners Identification (FOID) card. The Circuit Court, White County, dismissed the charge. Government appealed.

Holdings: The Supreme Court, Burke, J., held that: 1 Supreme Court had to consider its subject-matter jurisdiction sua sponte, and 2 trial court’s alternative nonconstitutional ground for dismissing charge prevented Supreme Court from directly reviewing that dismissal.

Vacated and remanded with directions.

Karmeier, C.J., filed dissenting opinion, in which, Theis, J., joined. _________________________________________________

Illinois Second Appellate Court – Civil In re Marriage of Solecki 2020 IL App (2d) 190381 Background: Wife petitioned for divorce. After wife and husband entered marital settlement agreement (MSA), the Circuit Court, DuPage County, Linda E. Davenport, J., partially granted husband’s motion to modify child support, struck child support provisions of the MSA, and conducted its own true-up calculations of support obligations. Wife appealed.

Holdings: The Appellate Court, Birkett, P.J., held that: 1 wife did not forfeit claim of error by failing to file motion for a true-up calculation; 2 wife did not forfeit claim of error by failing to explain how she arrived at net income figures or deductions for true-up calculations; 3 wife did not forfeit claim of error by subtracting husband’s W-2; 4 wife did not forfeit claim of error by testifying that she and husband agreed to do yearly true-up calculations; 5 true-up provisions of the MSA were required to be stricken without conducting any true-up calculations; 6 wife’s prospective loss of financial safeguards and potential windfall constituted a substantial change in circumstances; and 7 the Circuit Court provided wife an opportunity to present contribution petition before entering order on fees and costs.

Affirmed as modified. _________________________________________________ Indeck Energy Services, Inc. v. DePodesta 2019 IL App (2d) 190043 Background: Power-generation corporation sued former vice president and former director of business development who entered into partnership with powergeneration investor following resignation of their employment. The Circuit Court, Lake County, Margaret A. Marcouiller, J., directed a verdict for former vice president and former director on corporation’s claims for breach of contract and usurpation of corporate opportunity claims, denied corporation’s request for constructive trust and injunctive relief, and entered judgment in corporation’s favor on trade secret claims and breach of fiduciary duty. Corporation appealed.

Holdings: The Appellate Court, Jorgensen, J., held that: 1 former vice president and former director usurped corporation’s opportunity for partnership with

investor to develop natural-gas power plants; 2 corporation was not entitled to disgorgement of former employee’s post-resignation compensation; 3 any future profit to former corporation employees from partnership with investor was speculative, and thus could not support imposition of constructive trust in favor of corporation; and 4 corporation forfeited review of trial court’s decision that former employees’ confidentiality agreements were unenforceable.

Affirmed in part, reversed in part, and remanded.

McLaren, J., filed specially concurring opinion. _________________________________________________ Soto v. Great America LLC 2020 IL App (2d) 180911 Background: Amusement park patrons brought class action against amusement park alleging violation of the Fair and Accurate Credit Transactions Act (FACTA) for printing sales receipts displaying more than the last five digits of their debit card numbers. After removal to federal court and remand, amusement park moved to dismiss for lack of standing. The Circuit Court, Lake County, Luis A. Berrones, J., granted the motion. Patrons appealed.

Holdings: The Appellate Court, McLaren, J., held that: 1 there was no requirement to plead actual damages in addition to a statutory violation to establish standing in FACTA action, and 2 patrons pleaded sufficient facts to allege a willful violation of FACTA. Reversed and remanded. _________________________________________________ Porter v. Cub Cadet LLC 2020 IL App (2d) 190823 Background: Consumer of utility tractor brought defective design action against tractor manufacturers claiming he was injured when the tractor’s engine shut down as a result of an allegedly faulty hydraulic pump system and the tractor rolled over. The Circuit Court, Kane County, Susan Clancy Boles, C.J., dismissed and denied leave to amend complaint. Consumer appealed.

Holdings: The Appellate Court, Bridges, J., held that: 1 consumer did not sufficiently allege that manufacturers knew or should have known of risk posed by tractor’s design; 2 consumer’s proposed amended complaint did not allege facts sufficient to cure the defect in his claim; and

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3 manufacturers’ issuance of service advisories did not subject them to liability under voluntary undertaking doctrine absent reliance or an increased risk of harm.

Affirmed. _________________________________________________ Bank of New York Mellon as Trustee for Certificate Holders of CWABS, Inc., Asset-Backed Certificates, Series 2005-4 v. Rodriguez 2020 IL App (2d) 190143 Background: Trustee for asset-backed certificate holders brought foreclosure action against alleged homeowners. After entry of default judgment against homeowners and judicial sale of property, homeowners filed petition for relief from void judgment on ground of lack of proper service. Trustee moved to dismiss petition. Separately, property purchasers moved to dismiss petition, arguing that they were bona fide purchasers and that homeowners were estopped from relief due to their surrender of property in bankruptcy proceedings. The Circuit Court, DuPage County, James D. Orel, J., denied trustee’s motion but granted purchasers’ motion on basis of estoppel. Homeowners appealed. Purchasers moved to strike section of homeowners’ reply brief.

Holding: The Appellate Court, Jorgensen, J., held that homeowners’ surrender of real property in bankruptcy stripped them of any interest in property to protect in foreclosure proceedings.

Affirmed; motion denied. _________________________________________________ Capron Rescue Squad District v. North Boone Fire Protection District No. 3 2019 IL App (2d) 190355

adequacy of existing services.

Affirmed. _________________________________________________ John P. Sanfilippo & Sons, Inc. v. Rickert 2020 IL App (2d) 191012 Background: Tax objectors brought proceeding to obtain a refund of taxes levied by school district to pay for special education objectors paid to county collector.

School district intervened. The Circuit Court, Kane County, Kevin T. Busch, J., granted county collector and school district’s motion for summary judgment and denied objectors’ motion for summary judgment.

Objectors appealed.

Holding: The Appellate Court, Brennan, J., held that school district was statutorily entitled pursuant to Property Tax Extension Limitation Law (PTELL) to increase its special education fund levy, without referendum approval, up to the statutory ceiling of 0.80%.

Affirmed. _________________________________________________

Illinois Second Appellate Court – Criminal People v. Raupp 2020 IL App (2d) 190309 Background: Defendant was arrested for driving while under the influence of alcohol (DUI). The Circuit Court, DeKalb County, Philip G. Montgomery, J., granted defendant’s motion to strike and dismiss the statutory summary suspension of his driving privileges on the ground that the amended sworn report was defective.

State appealed.

Background: Rescue squad district filed complaint against fire protection district seeking a declaratory judgment that section 22 of the Fire Protection Act requires a finding that adequate ambulance services do not currently exist before a fire protection district may add a ballot question proposing a new tax for ambulance services. The Circuit Court, Boone County, No. 19-CH14, John H. Young, J., granted fire protection district’s motion to dismiss. Rescue squad district appealed.

Holdings: The Appellate Court, Birkett, P.J., held that: 1 original sworn report that contained an error was not fatally defective, and 2 Secretary of State confirmed suspension of defendant’s driving privileges more than 46 days after defendant received notice via original sworn report.

Holdings: The Appellate Court, Zenoff, J., held that: 1 public interest exception to mootness doctrine allowed Appellate Court to reach merits of appeal, and 1 as matter of first impression, fire protection district had authority to place new tax question for ambulance services on ballot without determining

People v. Patel 2020 IL App (2d) 190532

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Reversed. _________________________________________________

Background: In prosecution for aggravated driving under the influence of alcohol (DUI), the Circuit Court, DuPage County, Brian F. Telander, J., granted defendant’s motion in limine to bar admission of blood-alcohol test

2021 Family Law Seminar THANK YOU TO OUR SPONSORS

& Raymond R. Massucci

Berna

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results in his criminal trial. State filed interlocutory appeal.

Holding: The Appellate Court, Hudson, J., held that evidence of results from defendant’s consensual blood and urine tests were admissible.

Reversed and remanded. _________________________________________________ People v. Shelton 2020 IL App (2d) 170453 Background: Defendant was convicted in the Circuit Court, Winnebago County, Donna R. Honzel, J., of aggravated driving under the influence of alcohol (DUI), among other things. Defendant appealed.

Holding: The Appellate Court, Seminara-Schostok, J., held that officer had reasonable suspicion to conduct stop of defendant’s vehicle.

Affirmed. _________________________________________________ People v. Pearson 2020 IL App (2d) 180182 Background: Following bench trial, defendant was convicted in the Circuit Court, Winnebago County, Brendan A. Maher, J., of defrauding a drug or alcohol screening test that was required as a condition of his probation. Defendant appealed.

Holdings: The Appellate Court, Jorgensen, J., held that: 1 State was not required to prove that defendant’s purported urine sample was not his own urine, and 2 statute allowing inference of intent to defraud drug screening test from use of a device used to thwart such a test did not apply to preclude trial court from inferring that defendant made a substitution for his urine sample.

Affirmed.

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The Docket

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June 2021

13

Foundation & Committee Minutes LAKE COUNTY BAR FOUNDATION BOARD OF TRUSTEES MEETING APRIL 20, 2021

have access to each other’s accounts. The accounts need to be separated between the two organizations. Perry Smith can access the full IN ATTENDANCE: statements from the RMB

BY ZOOM:

account.

Joann Fratianni Nandia Black B. WARRANT/APPROVAL Rick Lesser OF EXPENSES PAID: Nick Riewer Treasurer, Perry Smith Perry Smith presented the expense Shyama Parikh Warrants for approval Scott Gibson for February, March and Amy Lonergan April, 2021. Motion to Keith Grant approve the expenses was Douglas Dorando made by Doug Dorando David Gordon and seconded by Shyama Hon. Fred Foreman (Ret.) Parikh. Motion carried.

Melanie Rummel Kristie Fingerhut IV. CONTINUING Jennifer Ashley BUSINESS: Jeffrey Berman A. PROPERTY TAX EXEMPTION: Also in attendance: Greg Amy Lonergan reported Weider, Executive Director, no decision received from LCBA and LCBF. the Illinois Department of Revenue.

I. CALL TO ORDER:

Meeting was called to order B. PROPOSED LCBF BYby President Nick Riewer LAWS REVISION: at 4:06 p.m.

The Proposed By-Laws were approved by the II. APPROVAL OF Membership at the March MINUTES: 23, 2021 annual meeting.

Minutes of the Meeting

of March 16, 2021 were C. GRANT APPLICATION presented for approval.

UPDATE: Motion to approve made A Meeting will be

by Jeffrey Berman and scheduled of the Grant seconded by Kristie Application SubFingerhut. Motion carried. Committee. The revised Grant. Application has III. TREASURER’S been approved and REPORT: updated and ready for use A. STATUS AND by the applicants.

BALANCES OF LCBF ACCOUNTS: V. NEW BUSINESS: Treasurer, Perry Smith A. EXECUTIVE reported that both DIRECTOR GREGORY L. the LCBA and LCBF WEIDER:

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Our new Executive Director, Gregory L. Weider began employment on March 1, 2021. The Board extends a warm welcome to him and looks forward to working with him.

B. UNIT C PLUMBING REPAIRS: There has been a toilet leak in Unit C. We will be able to repair the leak by replacing a rubber gasket which can be purchased at any hardware store.

C. LCBF FUNDRAISING SUB-COMMITTEE MEETING: A Meeting of the Fundraising SubCommittee will be set in the near future.

D. LAW DAY GIFT CARDS: Motion to approve the donation of $490.00 for Law Day Gift Cards was made by Nandia Black and seconded by Melanie Rummel. Motion carried.

E. WAYNE B. FLANIGAN SCHOLARSHIP: We received correspondence from the recipient of the 2020-2021 Wayne B. Flanigan scholarship at the University of Illinois.

Recipient Joshua Valletta sent a thank you to the LCBF for his scholarship.

The decision for the receipt of the scholarship is determined by the University of Illinois from funds which we provided in 2009 in

Wayne Flanigan’s name.

We discussed providing an article in the LCBA Docket regarding the scholarship and its use and recipients.

F. LCBF BOARD OF TRUSTEES AND OFFICERS FOR 2020-2021: President Riewer submitted a letter to Judge Cornell regarding recommendations for Officers and Trustees for the 2020-2021 LCBF Board of Trustees. The recommended changes to the Board include Eric Rinehart as Trustee and Douglas Dorando as President with an extension of his term to 2023. President Riewer included a list of other Officers and Trustees in addition to these two changes and asks that the LCBA Board of Directors approve this slate of candidates.

G. CY PRES AWARDS: The LCBF Board would like to explore the possibility of becoming the beneficiary of additional Cy Pres awards that are awarded by the Courts in the future.

VI. ADJOURNMENT: Motion to adjourn made

by Jeffrey Berman and seconded by Hon. Fred Foreman (Ret.).

Motion carried and the Meeting adjourned at 4:45p.m.

Respectfully submitted, Joann M. Fratianni Secretary

Lake County Bar Golf Outing* Thursday, June 17, 2021 White Deer Run Golf Club 250 W. Gregg’s Parkway, Vernon Hills

*The LCBA is planning to hold this golf outing in a safe/responsible manner!

June 2021 15

2021 LCBA Golf Outing Play

The Course

Players of all levels are encouraged to participate in the 2021 Lake County Bar Association Golf Outing.

The Dick Nugent built White Deer Run Golf Club is a par 72, 7,149-yard championship public golf destination combined with the finest banquet and dining experiences conveniently located in Vernon Hills. White Deer Run Golf Course provides generous landing areas off the tee and immaculately groomed bentgrass tees, fairways and greens, perfect for your round of golf. Our clubhouse offers incredible views of the course and Lake Charles. Perfectly suited for a golf outing, or more intimate gatherings. Our friendly staff and beautiful views will make your visit a memorable experience.

We will be golfing safely in this first in-person LCBA event since March 2020!

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.

Contests 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 Longest Putt • Men’s/Women’s Closest to the Pin • $10,000 Hole In One Prize • 50/50 Ball Raffle • Raffle prizes

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: • 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

Raffle Prizes We are seeking 5 - 10 raffle prizes valued at $250 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

Players $185/player or $700/foursome • Greens fee, cart and range balls • Lunch, two beverage tickets and post play reception, all outdoors • Commemorative golf item • 1 door prize ticket per player • Raffle Prizes and Outing contests

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The Fine Print No reservations will be accepted unless payment is received (or guaranteed by a credit card) by Friday, June 11, 2021. No refunds will be issued after 12:00 Noon, Friday, June 11, 2021. 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, June 17, 2021 (unless prior arrangements have been made before the cancellation date).

June 17, 2021 | White Deer Run Golf Club Register online at www.lakebar.org

Join the fun as a Sponsor Hole In One Sponsor: $1,500 (Exclusive to only 1 sponsor) • Includes $10,000 HIO Signature Prize on hole #6 and Bonus Prizes on other par-3 holes • Name/Logo displayed on signs at all 4 Par-3 Holes • 1 Complete Foursome Package starting on Par-3 Hole of your choice • 4 Feel Good Four Packs • 2 representatives permitted at a par-3 hole to greet players and distribute items.

Includes 2 tickets to the pre-round luncheon, post-round reception, & 2 drink tickets • Complimentary ½ page advertisement in August or September 2021 issue of The Docket

Eagle 4-Some Sponsor: $1,200 (Exclusive Hole Sponsorship & 4-Some) • 1 Complete Foursome Package and Choice of starting hole (first paid – first choice) • 4 Feel Good Four Packs • Exclusive Sponsorship of starting hole with name/logo displayed on sign at tee box (excludes par-3 holes) • 2 representatives permitted at sponsored hole to greet players and distribute items.

Includes 2 tickets to the pre-round luncheon, post-round reception, & 2 drink tickets • Complimentary ½ page advertisement in August or September 2021 issue of The Docket

Gold Tee Sponsor: $750 (Exclusive Hole Sponsor) • Exclusive Sponsorship of a hole (excludes par-3 holes) including name/logo displayed on sign at tee box.

• 2 representatives permitted at sponsored hole to greet players and distribute items.

Includes 2 tickets to the pre-round luncheon, post-round reception, & 2 drink tickets • Complimentary ¼ page advertisement in August or September 2021 issue of The Docket

Golf Cart Sponsors: $500 (2 available) • Name/Logo prominently displayed on every golf cart visible throughout play • 1 ticket to the pre-round luncheon and post-round reception

Competition Sponsor: $250 Pick One: Longest Drive-Men/Longest Drive-Women /

Longest Putt-Men/Longest Putt-Women / Closest to the Pin-Men/Closest to Pin-Women)

• Sponsor a Hole Competition for either the men’s or women’s contest (6 available) • Name/Logo displayed on sign at competition hole • Competition prize provided by sponsor (value of $30 or more) Food Sponsor: $150 (unlimited) • Name/Logo displayed with other food sponsors on sign prominently displayed where food is served.

All sponsors acknowledged on rules sheet, during post-round reception and in the August issue of The Docket.

June 2021

17

• Registration & Practice 11:00 a.m.

• Lunch 11:30 a.m. - 12:30 p.m.

• Shot Gun Start 12:30 p.m.

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

Register online at www.LakeBar.org

Golf & Sponsor Registration MY FOURSOME: 1. ____________________________________ HDCP 2. ____________________________________ HDCP 3. ____________________________________ HDCP 4. ____________________________________ HDCP Please try and place me with: Name: ________________________________

o Individual Player: # ____ @ $185 (includes golf, lunch & reception)­­ o Foursome: # ____ @ $700

(includes golf, lunch & reception)­­

o Feel Good Four Pack: # ____ @ $20 o Lunch Only: # ____ @ $25 o Reception & 1 Drink Ticket: # ____ @ $25 $1,500 o Hole-In-One Sponsor: $1,200 o Eagle 4-Some Sponsor: $750 o Gold Tee Sponsor: $500 o Golf Cart Sponsor: $250 o Competition Hole Sponsor: $150 o Food Sponsor:

Total $ _______

Cont­act Information Sponsorship opportunities are available on a first paid, first serve basis. Sponsors will be recognized with signage at the event and a thank you ad in The Docket.

Name: ______________________________________ Firm: ________________________________________ Display Acknowledgment as: _________________________________________________________________ (How the sponsor’s name will appear) Address: ____________________________________ City, State & Zip: ______________________________ Phone: _____________________________________ Fax: ________________________________________ E-mail: ___________________________________________________________________________________ Payment method: o Check enclosed o Visa* o Mastercard* o Discover* o American Express* Number: ___________________________________ Expiration Date: ____/____/____ CVV: ___________ Signature: ________________________________________________________________________________ *A 4% credit card procesing fee will be added when paying with a credit card.

Please Return Registration By June 7, 2021: Lake County Bar Association • 300 Grand Avenue, Ste A • Waukegan, IL 60085 TEL (847) 244-3143 • FAX (847) 244-8259

We’ve got you covered. ISBA Mutual insures more small firms in Illinois than any other insurance company.

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Call us at (312) 379-2000 or visit us online at ISBAMUTUAL.COM/APPLY.

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June 2021

19

Board of Directors’ Meeting

The

Meeting Minutes

BY KATHARINE S. HATCH SECRETARY

Thursday, April 22, 2021 ACTION ITEMS: 1. Consent Agenda: a. March BOD Mtg. Minutes -P4 b. March New Members – P7 Motion to Approve Consent Agenda, Motion Seconded, Consent Agenda Approved.

2. Treasurer’s report: a. March 2021 Financial Report - P8 Seminar income continues increasing in the Spring.

OLD BUSINESS: 1. PPP Loan Update The LCBA qualified for a PPP loan and the funds were approved and received.

2. LRS Jose posted the first LRS video on Facebook, future video applications discussed.

3. CLE Certificates/ Process - ISBA Greg contacted the ISBA regarding their process and

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will report to the Board with response.

4. Docket Review Motion previously made to table issue to May 2021 BOD meeting. Greg gathering documentation for the May BOD meeting.

5. Family Law Resolution The Resolution was finalized and sent to Springfield.

NEW BUSINESS: 1. QuickBooks update Organizational work complete, new system begins July 1, 2021.

2. Credit Card Reconciliation Process Motion to Approve four precent (4%) credit card processing fee, Motion Seconded, Motion Passes.

3. Joint Executive Board Meeting Update Next meeting will be scheduled in May. 4. Seminar Results The Real Estate Committee

and the Trust and Estates Committee held successful seminars.

5. Memorial Update – Survey Results Greg is working with the 19th Judicial Circuit and Bernie Wysocki to schedule a Memorial Service.

6. Zoom Survey Results 7. Revised AO/COVID tab on lakebar.org Jose revised and organized the 19th Judicial Administrative Orders on the LCBA website.

8. Slate of Nominations from Foundation Motion to approve LCBF slate of nomininess, Motion Seconded, Motion Passes.

9. Financial Hardship Motion to grant Prairie State Legal Services reduced rate for FamilY law Committee Seminar, Motion Seconded, Motion Passes.

10. County Board/19th Judicial Circuit/ Branch Courts Motion to create subcommittee of LCBA members to inform BOARD MEMBERS PRESENT Hon. Patricia Cornell President Joseph Fusz First Vice President Tara Devine Second Vice President Kathleen Curtin Treasurer Katharine S. Hatch Secretary Stephen Rice Past President Dwayne Douglas 2019-2022 Director Daniel Hodgkinson 2019-2022 Director Craig Mandell 2020-2023 Director Hon. Jacquelyn Melius 2020-2023 Director Greg Weider Executive Director

members through Criminal Law Committee to determine whether LCBA should take a position and present to the Board, Motion Seconded, Motion Passes.

OTHER MATTERS: 1. Committee Updates a. Community Outreach Future Call in Clinic, CLEs and Food Drive being organized within the next 2 months. b. CLE Setting up several Brown Bag seminars for the upcoming months.

2. Executive Director Report Motion to adjourn: Meeting adjourned at 1:07 pm Next Executive Board Meeting: May 20, 2021

Bar

Bulletin Board

Monthly

Committee Meetings

DAY

MEETING

LOCATION

TIME

1st Tuesday

Diversity & Community Outreach

Virtual Until Further Notice

12:15-1:15

1st Thursday

Real Estate

VUFN

5:30-6:30

Docket Editorial Committee

VUFN

12:15-1:15

2nd Tuesday

Criminal Law

VUFN

12:15-1:15

2nd Tuesday (Odd Mo.)

Immigration

VUFN

4:30-5:30

2nd Wednesday

Family Law Advisory Group (FLAG)

VUFN

12:00-1:00

2nd Wednesday

Civil Trial and Appeals

VUFN

4:00-5:00

2nd Thursday

Young & New Lawyers

VUFN

12:15-1:15

2nd Thursday

Trusts and Estates

VUFN

12:15-1:15

3rd Monday (Odd Mo.)

Solo & Small Firms

VUFN

12:00 noon

3rd Tuesday

Local Government

VUFN

12:15-1:15

3rd Tuesday

LCBF Board of Trustees

VUFN

4:00

Family Law

VUFN

12:00-1:00

LCBA Board of Directors

VUFN

12:00 noon

VUFN

5:30-6:30

VUFN

5:15-6:15

1st Thursday (Even Mo.)

3rd Wednesday 3rd Thursday 3rd Thursday

To place an ad or for information on advertising rates, call (847) 244-3143

As Needed

Debtor/Creditor Rights Employment Law

• 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.

Do you have a speaker idea or suggestion for our business meetings?

We would like to hear from you!

Send your ideas to: jose@lakebar.org June 2021

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22 The Docket