The Docket - May 2021

THE

DOCKET The Official Publication of the Lake County Bar Association • Vol. 28 No. 5 • May 2021

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Contents THE DOCKET • Vol. 28, No. 5 • May 2021

FEATURES 12 The Last Part-Time Public Defender

BY ROBERT J. HAUSER

16 Lake County Holds Illinois’ First Remote Jury Trial

BY TERRY A. MUELLER A publication of the

20 Guardian Ad Litem/Child Representative/Attorney for the Child

BY LISA DUNN

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 STAFF Jose Gonzalez Membership Coordinator

COLUMNS 2 President’s Page Pandemic Presidency

BY PATRICIA L. CORNELL, PRESIDENT

4 The Chief Judge’s Page Judge Val and JIS Named Liberty Bell Award Winners

BY CHIEF JUDGE DIANE WINTER

6 Bar Foundation

Happy Decoration Day (I Mean Memorial Day)

8 Monthly Case Report 28 Foundation & Committee Minutes 30 The Meeting Minutes March 28, 2021

BY KATHARINE S. HATCH, SECRETARY

LCBA EVENTS IFC 2021 LCBA Office Rental Pricing 3 Grapevine 5 New LCBA Members 5 Letter to the Editor 7 Calendar of Events 23 Golf Outing 28 New LCBA Members 31 Lawyer Referral Service 32 Monthly Committee Meetings BC Member Reception

BY NICHOLAS A. RIEWER, PRESIDENT

Nancy Rodriguez Receptionist

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Pandemic Presidency

I

am three days late in submitting this article, and I apologize to The Docket’s editorial board. I could not think of a topic until I realized it was my last President’s

Hon. Patricia Cornell President Joseph Fusz First Vice President Tara Devine Second Vice President Kathleen Curtin Treasurer Katharine Hatch Secretary Stephen J. Rice Immediate Past President David Del Re Thomas Pasquesi Dwayne Douglas Daniel Hodgkinson Hon. Jacquelyn Melius Craig Mandell

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Page. I am about to join the prestigious group of Past Presidents. I suppose the differences are that I am not prestigious, nor did I appear in person for an LCBA gathering. My immediate reaction is sadness.

As a young lawyer— and really the reason that I am so proud of our Lake County Bar Association family—is that numerous attorneys and judges always made themselves available. While I did not have any particular theme for my presidency (the theme created itself as to how to keep the LCBA running during a pandemic), I was hopeful to impress upon our members the need for more experienced attorneys to look out and assist our new/young lawyers. I envisioned these attorneys and judges sponsoring young and new lawyers at

The

President’s Page

events so that they could get introduced and meet new people. I also envisioned attending various committee seminars and being able to meet members in person. Well, we all know how that turned out.

I think of the newly admitted attorneys and what their experience has been like starting out in our profession, and I feel terrible. The same rings true for the new chairs of committees attempting to navigate in new waters. As everyone knows, we have struggled over the years to get new members into the LCBA, and this year has not helped. To the chairpersons of the Young and New Lawyers Committee: know that it is not because of lack of effort, and we appreciate your efforts!

To the chairpersons of all the committees: thank you for all you did. These

BY PATRICIA L. CORNELL PRESIDENT committee chairpersons still held regular meetings and even put on seminars.

To the committee chairs who programmed seminars virtually—Katrine Fleishman and Jerrold Lazar, Kathryn Shores, Kathleen Georgevich, Marjorie Sher, Craig Mandell, Sarah Raisch, Kevin Berrill, Doug Dorando, Megan Mack—thank you for thinking outside the box and pushing your committees to have a seminar. We thank you for the hard work you put into arranging the seminars and obtaining sponsors – this greatly assists the Lake County Bar Association during such an odd financial year.

I also need to thank the members that participated in our executive director search: Steve Rice, Joe Fusz, Kathleen Curtin, Tara Devine, Brian Lewis, Jennifer Howe,

and Don Morrison. Most of these members had significant experience in this area having done this search just a few years prior – so a special thank you to every one of you.

Greg Weider is simply wonderful, and I know that he will provide the Lake County Bar Association and Lake County Bar Foundation and their members the support they deserve.

After reflecting on the last year, I realize that we are an incredibly strong and persistent group. It is obvious that our members were able to come together to manage through this “new” normal. All the different Lake County entities were able to meet, discuss and listen to each other, and work together to keep everyone safe and provide the community with Access to Justice.

From a Lake County Bar Association perspective, we were able to essentially carry on after adjusting to give our members the re-

The

Grapevine

Election Roundup Four members of the Lake County Bar Association won elections to be their hometown mayor. Scott Gartner of Antioch and Tom Hood of Gurnee each emerged victorious in contested races for mayor.

Both will begin their first terms in that top job. Bernie Wysocki and Nandia Black each also won uncontested re-election as village president of, respectively, Green Oaks and Kildeer.

sources that they needed during a turbulent ride.

I am grateful to at least have been able to be in contact with our members through various virtual platforms since I could not see them in person. I am boastful that the LCBA essentially continued to operate as it would have without the pandemic by holding food drives, call-in clinics, and even a virtual holiday party.

Thank you to all the members who attended meetings and dedicated your time. Thank you to the LCBA Board of Directors for still attending our meetings. Thank you to Steve Rice and Joe Fusz for being available when needed. I am confident that we will continue to have dedicated and invested members in the years to come, because this year I experienced the Lake County Bar Association ability t0 survive and thrive, showing us all that it will be around for another 100+ years.

In other local contests, Katharine Hatch (the LCBA Board Secretary) won her uncontested race for village clerk of Lake Bluff, joined

by Taryn Fisher as Lake Bluff trustee. Jim Kaiser will resume his role as a trustee of Hawthorn Woods. Melanie Rummel (a Lake County Bar Foundation member) continues as Lake Forest alderman. Also, Joanne Johnson, wife of Hon. Charles Johnson, was re-elected as Trustee of the Village of Buffalo Grove.

Our very own LCBA Executive Director Greg Weider won his race for re-election to the Lake Zurich Village Board.

In township contests, Dan Venturi successfully won re-election as

Visit the LCBA Website lakebar.org

LETTER TO THE EDITOR Dear Editors: At the Zoom Liberty Bell Award Meeting honoring the good work of the Court’s Judicial Information Systems group, I was delighted to see and talk to my friend Alan Pearlman.

Alan pioneered the idea of the Electronic Lawyer. Alan wrote a regular, articulate column for The Docket about technological advances for lawyers. As technology has advanced and overcome our old pen & paper world, Alan illuminated a monthly light on the difficult and oft-confused path.

Now, Zoom, here we are: all electronic images on the computer screen. Thank you Alan for giving us as much of a glide path into this new electronic world as anyone could.

I was glad to see you, and many of our colleagues, again, if only electronically.

This glide path and these experiences are, ultimately, a real benefit of membership in the LCBA. Rick Lesser

longtime Lake Villa Township Supervisor over his opponent.

Also, Nancy Chausow Shafer will now serve as a Moraine Township trustee.

In a local school board race, Krysia Ressler won a contested race as a member of the Oak Grove School Board.

For the Board of the College of Lake County, Robert Tomei defeated his opponent for a twoyear term. In a separate CLC race, Torrie Newsome won a four-year term in an uncontested election.

Please note that other attorneys won their races in the April municipal race, but are not LCBA members.

Note: Thank you to Hon. Jim Simonian for compiling this election roundup for The Docket. _________ To honor the memory of attorney Elizabeth R. Olszewski, who passed away in February 2020, Salvi, Schostok & Pritchard has established the “Elizabeth Olszewski Memorial Scholarship” fund at UIC John Marshall Law School.

The Fund will provide scholarships to entering UIC Law students who are in the top 10% of the applicant pool, with preference given to students from Wisconsin. Elizabeth, a Wisconsin native, graduated magna cum laude from John Marshall in 2012.

May 2021

3

Judge Val and JIS Named Liberty Bell Award Winners

E

ach Spring the 19th Judicial Circuit presents the Liberty Bell Award to individuals and/ or organizations for their outstanding service and for their dedication to furthering the administration of justice. In 2005, the Circuit Judges began the tradition of presenting the awards in memory of the late Judge Thomas R. Smoker. The

Hon. Valerie Boettle Ceckowski

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Liberty Bell Award always reminds me of a plaque I had in my office that read: “Devotion to the Law as a means of Public Order and of Personal Service to Mankind…” These words certainly describe our 2021 award recipients, as well as our past recipients and their many accomplishments.

The 19th Circuit’s Liberty Bell Award recognizes a person or persons who have: • Promoted better understanding of the rule of law; • Encouraged a greater respect for law and the courts; • Stimulated a sense of civic responsibility; and • Contributed to good government in the community.

In prior years, the Circuit Judges adhered to a policy of selecting nominees from outside the Judicial Circuit. But with 2020 being the year of COVID

The

Chief Judge’s Page and nothing being normal, the Circuit Judges knew immediately we would break the tradition this year when Judge Valerie Boettle Ceckowski and the JIS (Judicial Information Systems) department were nominated.

Judge Valerie Boettle Ceckowski—or Judge Val, as she prefers to be called— was presented the Liberty Bell Award at the LCBA’s April 13 meeting. Judge Val served on the bench for 24 years, and has been an active juvenile justice advocate for best practices in the 19th Judicial Circuit and for programming for children and families in Lake County. She began her career as a Lake County Assistant Public Defender.

In 1989, she left that office to become a partner in private practice, where she engaged in a general law practice until her appointment to the bench as an

BY CHIEF JUDGE DIANE WINTER Associate Judge on February 3, 1997.

She was appointed by the Illinois Supreme Court as a Circuit Judge for the Second Sub-Circuit of the Nineteenth Judicial Circuit on February 15, 2007. Judge Val was retained twice by the voters and in 2020 she received a 98+% approval rating from the Illinois State Bar Association members. Throughout her judicial career, she also served in traffic court, criminal misdemeanor, DUI, and felony, and was the Presiding Judge of the Juvenile Division prior to her retirement this past January.

Judge Val has also been involved in her community serving on the Gurnee Public Service Commission, the Gurnee Exchange Club, and the United Way Board.

Judge Val served in Juvenile Court for over 20

years and had such passion for her work in juvenile court that no Chief Judge could convince her to take another assignment!

Her juvenile barbecues are legendary and great summer morale boosters.

She has tirelessly worked to improve the conditions and facilities at the Depke Juvenile Justice Center.

She was one of the driving forces to get the new court complex built at Depke. To this day, she advocates for improvements and resources for those who serve at the Juvenile facility.

Circuit Judge Charles W. Smith noted that “Judge Ceckowski’s kind and understanding demeanor, expertise, and knowledge of the law have made her a well-respected judge by the public, attorneys, and her peers.

She has made a profound impact not only in the 19th Judicial Circuit, but on countless juveniles and their families in Lake County.”

Judge Val has championed many new programs for juvenile offenders, notably our FACE-IT program, a residential treatment program for juveniles. She is a big supporter and promoter of the GIRL-WISE conference, which seeks to empower young women, and has participated in numerous community events that seek to rehabilitate juvenile offenders. Judge Val collaborated with the many justice partners involved in juvenile cases to establish the best programs and outcomes for juvenile offenders. She has represented the 19th Judicial Circuit in many state and

national conferences on juvenile justice and is highly respected as an expert in the field.

Judge Val, we honor you for ringing the Liberty Bell loudly and proudly for the youth of Lake County. You have left a deep impression on the Juvenile Justice system and the system is better for your service. Thank you for your passionate role as a jurist and advocate for the children and families in Lake County.

Also, in line with the 19th’s break from tradition is the award for an organization, which was presented to the Judicial Information Systems (JIS), the information technology department of the 19th Judicial Circuit. JIS has been an invaluable technology resource for the court since its creation in 1994. During the early challenging times of the COVID-19 pandemic, the solution needed to continue court operations was remote court proceedings. JIS, through its Director Winnie Webber, assisted the courts with

the selection of the Zoom platform and the design of the website pages devoted to remote proceedings.

Not only did their small department assist with the decision-making, but then they did the work!

Zoom accounts were set up for all the judges and eventually all staff. Training of the judges, staff, and justice partners was accomplished. Webcams and speakers were installed at all workstations. Daily, JIS assisted with setup issues and general troubleshooting for both the judges and employees.

JIS facilitated the 19th Judicial Circuit’s efforts to establish multiple Zoom stations in the Law Library and conference rooms throughout the courthouse so that litigants and attorneys without equipment or tech knowledge could appear in court. The JIS team provided support on the use of the new Zoom technology for the judges, support staff, attorneys, and the public by developing instructions and

checklists.

The JIS team demonstrated their work ethic and commitment to service and support to the courts during a challenging time.

The team worked nights and weekends to ensure the 19th Judicial Circuit Court would be functioning and serving the public with as little interruption as possible.

The 19th Judicial Circuit is fortunate to have such a dedicated and knowledgeable technology team. The courts could not have continued to serve the citizens of Lake County without the support, knowledge, and skill of JIS this last year and a half.

Thank you for providing invaluable technological advancements to the courts.

Judge Valerie Boettle Ceckowski, Winnie Webber, and the JIS team, thank you for your dedicated service to the legal profession and your support to further the administration of justice for the citizens of Lake County.

1st row (left to right) Doug Shimizu, Winnie Webber, Roadjee Calara 2nd row (left to right) Cory Vogt, Milton Grant, Bob Kocanda, Charlie Cole, Ravi Ramnarayan

May 2021

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Happy Decoration Day (I Mean Memorial Day)

M

emorial Day, originally known as Decoration Day, originated in the years BOARD OF TRUSTEES Nicholas A. Riewer President Carey J. Schiever Vice President Joann M. Fratianni Secretary Perry S. Smith Jr. Treasurer Jeffrey A. Berman Immediate Past President Jennifer L. Ashley Nandia P. Black Douglas S. Dorando Kristie Fingerhut 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 Joseph McHugh Joseph Morrison Michael G. Nerheim Michael Ori Shyama Parikh John Quinn, Sr. Melanie Rummel David Stepanich Hon. Henry C. Tonigan (Ret.)

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following the Civil War. The Civil War, which ended in the Spring of 1865, claimed more lives than any conflict in U.S. history and required the establishment of the country’s first national cemeteries.

By the late 1860s, Americans in various towns and cities had begun holding Springtime tributes to the countless fallen soldiers, decorating their graves with flowers.

It is unclear where Decoration Day originated, with numerous different communities having independently initiated the memorial gatherings.

Some records show that one of the earliest Decoration Day commemorations was organized by a group of freed slaves in Charleston, South Carolina, less than a month after the Confederacy surrendered in 1865.

Three years after the Civil War ended, on May

BY NICHOLAS A. RIEWER PRESIDENT 5, 1868, the head of the organization of Union Veterans (The Grand Army of the Republic) established Decoration Day as a time for the nation to decorate the graves of war dead with flowers. Major General John A. Logan declared that Decoration Day should be observed on May 30. It was believed that this date was chosen because flowers would be in bloom all over the country. On the first Decoration Day, General James Garfield made a speech at the Arlington National Cemetery, and 5,000 participants decorated the graves of the 20,000 Civil War soldiers buried there.

Many northern states held similar commemorative events and reprised the tradition in subsequent years. By 1890, each state had made Decoration Day an official state holi-

day. Decoration Day, later changed to Memorial Day, originally honored only those lost while fighting in the Civil War. During World War I, the Untied States found itself embroiled in another major conflict, and the holiday evolved to commemorate American military personnel who died in all wars, including World War II, the Vietnam War, the Korean War, and the wars in Iraq and Afghanistan.

In 1966, Congress and President Lyndon Johnson declared Waterloo, New York, as the birthplace of Memorial Day. Waterloo was chosen because on May 5, 1866, it began hosting an annual, community-wide event during which businesses closed, and residents decorated the graves of soldiers with flowers and flags.

For decades, Memo-

rial Day continued to be observed on May 30, the date General Logan had selected for the first Decoration Day. In 1968, Congress passed the Uniform Monday Holiday Act, which established Memorial Day on the last Monday in May in order to create a three-day

weekend for federal employees. That change went into effect in 1971. The same law also declared that Memorial Day was to be a federal holiday.

To ensure the sacrifices of America’s fallen heroes are never forgotten, in December 2000 the U.S. Congress passed,

and the president signed into law, “The National Moment of Remembrance Act.” The National Moment of Remembrance Act encourages all Americans to pause wherever they are at 3:00 p.m. local time on Memorial Day for a moment of silence to remember and honor those

who have died in service to the nation.

This Memorial Day, I would ask you to take a moment to honor and remember all of those who have died in service to this nation, whose sacrifices continue to this date.

Happy Memorial Day and Happy Summer.

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May 20 1:00 p.m.

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Free Legal Advice Virtual Clinic May 21 9:00 a.m.

Newly Elected Officials Seminar CLE Credit Available May 27 9:00 a.m.

Civil Trial & Appeals Seminar CLE Credit Available June 17 LCBA Annual Golf Outting June 24 LCBA Food pantry

May 2021

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March 2021

Monthly Case Report

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

Illinois Second Appellate Court – Civil Prutton v. Baumgart 2020 IL App (2d) 190346 Background: Mother of minor patient, individually and as next friend, brought medical malpractice action against hospital, physician who delivered patient, and prenatal care practice for which physician worked as independent contractor, alleging physician was apparent agent of hospital. The Circuit Court, DeKalb County, No. 14-L-34, William P. Brady, J., granted hospital’s motion for summary judgment. Mother appealed.

Holding: The Appellate Court, Bridges, J., held that hospital clearly informed patient that physician was independent contractor.

Affirmed. _______________________________________________ Mayster v. Santacruz 2020 IL App (2d) 190840 Background: Seller of math tutoring franchise brought breach of contract action against buyer after buyer terminated purchase contract and attempts to reinstate contract fell through. Following bench trial, the Circuit Court, Lake County, Michael J. Fusz, J., found that buyer wrongfully terminated purchase contract but that seller was precluded from collecting damages for failure to mitigate losses. Seller appealed. Buyer cross appealed but withdrew cross-appeal at oral argument.

Holdings: The Appellate Court, Zenoff, J., held that: 1 Appellate Court would decline to strike buyer’s brief as sanction for noncompliance with supreme court rule regarding appellate briefs; 2 seller failed to exercise reasonable diligence to mitigate damages; 3 seller was precluded from recovering damages under the doctrine of avoidable consequences; and 4 seller’s obligation to mitigate damages was not suspended during time seller was negotiating reinstatement of purchase agreement.

Affirmed. _______________________________________________

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U.S. Bank, National Association as Trustee for Truman 2016 SC Title Trust v. Reinish 2020 IL App (2d) 190175 Background: Mortgagee brought action against mortgagor to foreclose on mortgage. The Circuit Court, Lake County, No. 17-CH-1336, Luis A. Berrones, J., granted mortgagee’s motion for summary judgment. Mortgagor appealed.

Holdings: The Appellate Court, Brennan, J., held that: 1 mortgagor judicially admitted that proper notice of acceleration was provided to her, and 2 mortgage did not require notice of acceleration as condition precedent to foreclosure based on mortgagor’s breach of timely payment obligation.

Affirmed. _______________________________________________

Illinois Second Appellate Court – Criminal People v. Kyles 2020 IL App (2d) 180087 Background: Following his guilty plea to aggravated battery with a firearm, defendant, who was a juvenile at the time the offense was committed, moved by counsel to reconsider his sentence and moved pro se to withdraw his guilty plea and vacate the judgment, alleging ineffective assistance of counsel. The Circuit Court, Winnebago County, Brendan A. Maher, J., appointed new counsel who moved to reconsider defendant’s sentence but abandoned the ineffective assistance claim. The Circuit Court denied the motion. Defendant appealed.

Holdings: The Appellate Court, Jorgensen, J., held that: 1 indictment as a whole sufficiently alleged that defendant committed aggravated battery with a firearm based on his personally discharging a firearm; 2 rule requiring judge give defendant post-sentencing admonishments upon entering a sentence on a negotiated guilty plea did not apply to hearing for defendant’s motion to reconsider sentence; 3 if a defendant has made a sufficient pro se claim of ineffective assistance and request for new counsel, the general appointment of new counsel does not eliminate the trial court’s obligation to make a pre-

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liminary inquiry into the merits of the pro se claim; and 4 newly appointed counsel’s failure to provide representation on defendant’s pro se ineffective assistance claims against previous counsel was ineffective assistance.

Reversed and remanded with directions. _______________________________________________ People v. Bustos 2020 IL App (2d) 170497 Background: Defendant was convicted in the Circuit Court, Kane County, No. 16-CF-891, James C. Hallock, J., of multiple counts of aggravated domestic battery and domestic battery and sentenced to eight years in Department of Corrections followed by four years of mandatory supervised release. Defendant appealed.

Holdings: The Appellate Court, Birkett, P.J., held that: 1 defendant did not establish that trial court’s error by allowing victim’s testimony that defendant was at strip club while she was in hospital was closely balanced; 2 trial counsel’s failure to object to officer’s testimony regarding defendant’s statement that, when officer

first encountered defendant, defendant said that he wanted lawyer, was trial strategy; 3 trial counsel’s failure to object to alleged improper closing arguments by State was not deficient performance; 4 trial counsel’s failure to submit “specifically-tailored” versions of Illinois Pattern Jury Instruction (IPI) criminal jury instructions was not deficient performance; 5 State’s statement, during its rebuttal argument that referred to phone call from jail did not warrant mistrial; and 6 trial court did not improperly consider factor inherent in offense of aggravated domestic battery based on strangulation during sentencing.

Affirmed.

Hudson, J., filed specially concurring opinion. _______________________________________________ People v. Dorado 2020 IL App (2d) 190818 Background: Defendant, who was a noncitizen, pled guilty in the Circuit Court, Boone County, C. Robert Tobin, J., to unlawful possession of a controlled substance, was sentenced pursuant to agreement to firstoffender probation, and defendant’s subsequent motion to withdraw guilty plea was denied. Defendant appealed.

Holdings: The Appellate Court, McLaren, J., held that: 1 record supported trial court’s finding that defense counsel adequately advised defendant of risk of deportation as consequence of guilty plea and that defendant knowingly decided to take plea, and 2 State did not make unfulfillable promise regarding potential immigration consequences.

Affirmed. _______________________________________________ People v. Torrance 2020 IL App (2d) 180246 Background: Defendant was convicted in the Circuit Court, Winnebago County, Donna R. Honzel, J., of aggravated fleeing or attempting to elude a peace officer.

Defendant appealed.

Holding: The Appellate Court, Zenoff, J., held that statute governing fleeing or eluding peace officers did not require, as essential element of aggravated offense, that police vehicle’s lights remain activated until defendant disobeyed two traffic control devices.

Affirmed. _______________________________________________

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May 2021

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The Last Part-Time Public Defender

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BY ROBERT J. HAUSER

n April 1, 1972, I began a 4-year tenure as a part-time public defender for Lake County, Illinois. I began working in a corporate law firm after graduating from law school in June, 1970. I disliked the work as a corporate lawyer and ultimately, when I had the opportunity to do trial work, I accepted the job offer of newly hired George Pease, the first full-time chief public defender for Lake County.

When I accepted the position of part-time Lake CounCourtroom C-304. There was no security. There was no secty Assistant Public Defender, I took a pay cut of over half retary. We had no supplies. We did not even have a phone of my salary. While the job was designated as part-time, I that was designated for the Public Defender’s use. There was worked 40 to 60 years per week and loved every minute of one chair to the one desk and we took turns using the desk it. I was also taking a huge gamble at and the chair for the first few months. that time because I was married with a I remember George and I walking Robert J. two-year-old daughter and wondered down the corridor of the third floor of Hauser began prachow I was going to support my wife and the Courthouse into the Lake County ticing law in daughter on $7,500 per year. (To put the State’s Attorney’s office on April 1. At June 1970 in salary into perspective, at that time the that time, there was no demarcation Chicago. He starting salary in New York, Chicago and point. There was no security. We just then moved Los Angeles for a new associate in a large walked into that area and then went to Waukegan in April corporate firm from a named law school into the State’s Attorney’s supply room 1972 to be was $15,000 per year.) where we grabbed supplies, including employed as My first day on the job was a scary legal pads, pens, empty files to be utia part-time one. George and I reported for work at lized for our clients, and whatever else assistant the Lake County Courthouse on April that could be of use. The State’s AttorLake County Public Defender. Now he is a sole practitioner in Wauke1, 1972, and we then went to “our office.” ney was Jack Hoogasian. If he had any gan. He is proud to have celebratThere was no office. We had two asobjection, George never told me. ed 50 years as an attorney as of signed rooms in the then-reception area Coming from a Chicago corporate November 16, 2020. located between Courtroom C-303 and law office with my own secretary, my

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own office, and certainly my own phone, desk, chair, and supplies, I thought: “What have I done?”

At that time, when I began my four years as a part-time Public Defender, there were two other part-time assistant Public Defenders already working: Thomas Hannigan and Earl Kruse. As mentioned, George was the first full-time Public Defender. Before that, the Chief Public Defender position was always parttime, and the part-time Chief Public Defender immediately before George was Bob Will.

I replaced Bernie Drew, who was one of the three parttime assistant Public Defenders. Bernie, a short time later, was appointed Associate Judge and later elected to Circuit Judge.

After the first nine months, I received a pay raise to $10,000 per year. Because the position was part-time, I was also allowed to have a private practice if I could find the time and the clientele.

George Pease, Tom Hannigan and I handled over 3,000 files that first nine months of 1972, which included jailable traffic offenses, misdemeanors, and felonies. Earl Kruse covered only the Juvenile Court.

In the early 1970s, preliminary hearings were held daily because at that time, for a felony to proceed to trial, there must first have been a preliminary hearing and then the presentment to the Grand Jury. It was not an either/or situation as it presently is, as well as the fact that now preliminary hearings are seldom conducted.

George, Tom and I would handle preliminary hearings in Courtroom C-107 in the afternoons, Mondays through Fridays, with bond court, in which we also participated, conducted in C-107 in the mornings as well as preliminary hearings for private attorneys.

The preliminary hearings numbered anywhere from 7 to 10 per afternoon and were used as a good discovery tool (especially since, for a time, we had no investigator, so we did our own investigations) as well as an opportunity for the assigned assistant state’s attorney to screen the case—to determine whether or not it should proceed further as a felony. Seldom were there ever any negotiations conducted in the preliminary hearing court during my four years with the Public Defender. Nor were there any waivers of the prelims unless the charge was dismissed, or reduced to a misdemeanor, whereby it was transferred to C-101, where all jailable traffic and misdemeanors were then heard together.

A part-time assistant Public Defender gained a great deal of trial experience. Less than two months after beginning in the Public Defender’s Office, I was trying jury felony cases. A felony jury trial at that time was called

being “in the arena.”

Less than one year later, I tried my first murder case.

That case was entitled People v. William Baltimore. Baltimore had been convicted of murder in 1970, but the Second District reversed the conviction, finding that the prosecution had withheld certain potentially exculpatory evidence.

Returned from the penitentiary, Baltimore was released on $25,000 bond before trial.

For the second trial, because of the pre-trial publicity, the jury was sequestered throughout the trial.

The State was represented

by Al Witt and John Goshgarian, another future judge, who acted as second chair.

When the jury advised that it had reached its verdict after approximately 5 hours of deliberation, Baltimore was nowhere to be found and did not respond to my telephone calls. Ultimately, the judge, because it was 11:00 p.m. on Friday, called in the jury, and it was only after the finding of not guilty that Baltimore reappeared.

During that time, because of our small number, we had a close working relationship with the Lake County State’s Attorney’s Office headed by Jack Hoogasian. Ben Ori (Mike Ori’s father) was his first assistant and the other felony assistants at that time were Bill Block, Al Witt and Tom Lang.

They all later were either appointed or elected to the Lake County judiciary, and they all became some of my closest friends.

The camaraderie that existed among the public defenders and the assistant state’s attorneys was exceptional. While there was a no-holds-barred attitude within ethical bounds during trial, at the end of almost every workday we would adjourn to the Burgundy Room, located then on Madison Avenue, just around the corner from County Street.

Rumors do persist to this day about what occurred in the Burgundy Room, and I can state unequivocally they are all true. Shortly before it was razed in the 1970s (it then moved to its Washington Street location), you could sit in the bar and watch a waterfall in the main bar area because the roof leaked. I will not even comment about the sanitary conditions of the bathrooms. But the Burgundy Room, opened by brothers Bob and Tony Christopulos, had an atmosphere that, for anyone who experienced it in the 1970s and 1980s, can only be recalled with great fondness.

At that time, in the 1970s and 1980s, a jury would continue deliberations until a verdict was reached. Jurors were not sent home at 5:00 p.m. It was therefore not unusual for the various participating trial attorneys to adjourn to the Burgundy Room waiting for the verdict. On more than one occasion, the presiding trial judge prohibited one or more of

There was no security.

There was no secretary.

We had no supplies. We did not even have a phone that was designated for the Public Defender’s use.

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the participating attorneys from returning to his courtroom for the jury verdict because of that attorney’s intoxication.

In 1974 the members of the Public Defender’s Office were a very democratic group. We had expanded in number and were now on the second floor of the Administration Building. We had a secretary and one full-time assistant public defender, Mike Boyd, plus approximately three other part-time public defenders.

At that time, there was an especially ugly crime for which the Public Defender was appointed to represent one of the two defendants. Two young black males had carjacked and kidnapped an elderly white woman outside of the Belvidere Mall in Waukegan shortly before Christmas.

After raping her and performing other unspeakable acts, they threw her out of her car in Evanston, partially clad, and then continued to joy ride until ultimately being arrested in the same Cadillac hours later.

To assign this case to a specific member of the Public Defender’s office, a drawing was held. All the attorneys’ names were placed in a bowl and the secretary picked the “winner.” I was the only member of the Office not present.

But those who were present insisted that I had been selected fairly.

I therefore represented Alton “Pissy” Coleman. That was his nickname and in fact, the State took great pleasure in obtaining a formal indictment which included his nickname. After the case was resolved, and after I was no longer in the Public Defender’s Office, I was court-ap-

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pointed to represent Coleman in another felony matter because of a conflict with the Public Defender’s Office.

My representation of Coleman continued on other felony matters over approximately 10 years until Mr. Coleman decided to go on a multi-state murder spree reported daily on national TV, until ultimately Coleman was arrested by the FBI. There was such nightly publicity until Coleman’s capture that I was interviewed on Ted Koppel’s Nightline. (Fortunately, the interview never aired. I apparently did not demean myself enough.)

March 31, 1976, was my last day with the Office and I was the last of the part-time Public Defenders. Under George Pease, the office had increased in number with the part-timers replaced by full-time assistants. The office had moved to a section of the second floor of the Administration Building of the Courthouse Complex, with the majority of the second-floor space allocated to the law library before the library moved to its present location on the first floor of the Courthouse and was named for the former PD, ASA, and judge, William D. Block. The State’s Attorney’s Office was directly above on the third floor. While there are now independent contractors working with the Public Defender’s Office, there are no further part-time assistant Public Defenders.

Among the part-time assistant Public Defenders as well as full-time assistants that joined the office for different periods of time during my four years were Bill Block (directly from the State’s Attorney’s Office), Steve Walter, Tom Smoker (Walter, Smoker and Pease also became judges), Jim DeSanto, Pete Staben, Ludolph “Jerry” Wilson, and Fred Foreman as a 711. Fred later became Lake County State’s Attorney, then U.S. Attorney for the Northern District of Illinois, and ultimately, full Circuit Judge for the 19th Judicial Circuit. This list is considerable, and I believe everyone who participated in the Public Defender’s Office at that time is proud of their tenure.

Presently, the Lake County Public Defender’s Office has its own large office on South County Street, housing more than 30 attorneys, 4 investigators, and approximately 5 support staff.

I have written this article so that those present members of the Public Defender’s Office know the history of when and how that office became a fulltime operation. I remember when George Pease assumed the position as Chief Public Defender, he regularly referenced the 1963 U.S. Supreme Court’s decision of Gideon v. Wainright as the reason why there is a Public Defender’s Office.

George took great pride in the formation and progress of that office, much of it due to his efforts. He would regularly visit the Lake County Board, seeking and scheming to receive more money for the staff in terms of salaries, secretarial help, office space, an investigator, and ultimately fulltime attorneys. George Pease, along with the others that I have listed previously—many of them no longer with us—are the primary reasons why the Lake County Public Defender’s Office today has the successful role it has in representing the criminally charged indigent.

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15

Lake County Holds Illinois’ First Remote Jury Trial

L

BY TERRY A. MUELLER

ake County made history in February by conducting the first remote civil jury trial in Illinois. Our state has now joined the ranks of Washington, Florida, California, Texas and New Jersey as states who have embraced technology to keep the doors of justice open.

This story begins with the Illinois Supreme Court’s the remote jury trial. As this was the first of its kind in adoption of SCR 45 which allows Illinois Courts to conIllinois, we did enter into a high/low agreement so that duct remote civil jury selection. Having participated in a neither party was unfairly prejudiced if the process went remote jury selection pilot project, I could see that virtual askew and led to an unjust verdict. civil jury trials were on the horizon which peeked my interest. So, immediately after the passage of SCR 45, I PRE-TRIAL CONFERENCES reviewed my pending to find a suitable Our goal was to provide particicase. pants the assurance that a remote jury Terry A. Having never tried a case remotely, trial was every bit as valid as if they Mueller is an attorney I wanted to keep the process simple. had been at the courthouse. To do with the Thus, I choose an uncomplicated case that, we choreographed every aspect Law Offices involving a single plaintiff, a single of the trial through numerous pre-triof Steven defendant, few disputed issues, and al conferences.

Lihosit. He limited witnesses. I then approached The topics we covered were a concentrates his Plaintiff’s counsel with my idea. Becombination of routine matters and practice cause he and I had worked together new matters specific to conducting in civil for over 20 years, I was confident in a remote trial. For example, with litigation our ability to successfully navigate new respect to the admission of evidence, with a focus judicial territory. Together we subwe prioritized evidentiary rulings in on negligence and personal injury cases. Mr. Mueller has 25+ years of mitted our request to Judge Hoffman, pre-trial conferences to limit untrial experience and over 100 jury Judge Berrones and Judge Brodsky, necessary objections during trial. trials. who agreed to move forward with With respect to jury selection, the

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parties stipulated to several items. First, we stipulated to a remote jury trial (as there is no such provision in the Illinois code of civil procedure). Second, I, as defense counsel, reduced the jury demand from 12 to a 6-person jury.

We also stipulated that the jury foreperson would sign the verdict form on behalf of the other jurors and then Judge Berrones would poll the jury to confirm the verdict.

Lastly, we agreed on what exhibits would be presented, admitted and published to the jury, but what was new is that you publish exhibits to the jury via the share screen function on Zoom.

were in-person, but I decided to synthesize the material and present it visually using PowerPoint slides. I felt this would keep the jurors more engaged than simply watching me speak. I kept the message short and sweet. The theme, if you will, of my entire case was that plaintiff was not entitled to damages because she couldn’t have sustained significant injuries when the damage to her car was minor. I used photos of the slightly damaged car over-and-over. Given the minimal award that ultimately resulted, I believe this strategy worked.

Our goal was to provide participants the assurance that a remote jury trial was every bit as valid as if they had been at the courthouse.

REMOTE JURY SELECTION With respect to remote jury selection, we judiciously followed the process set out in SCR 45. For example, those summoned for jury duty received notices to appear via Zoom, along with orientation videos and log-in instructions. The juror cards were emailed to attorneys the day before the virtual trial. On the first day of trial, only Judge Berrones, his clerk Kathy and Bailiff Roy were in courtroom C-204—everyone else participated remotely, either at their office or home.

Judge Berrones welcomed the potential jurors into the virtual waiting room, and the potential jurors switched their display names to anonymous juror numbers. Voir dire included new questions about whether potential jurors had a stable internet connection, whether they were comfortable with technology (Zoom video conferencing platform) and whether they had a private place/room to be alone without distractions. The jury selection process ran smoothly with little fanfare, and a panel of six jurors was promptly sworn in.

TRIAL The next phase of the proceeding was the trial.

Judge Berrones addressed potential misconduct upfront by issuing admonishments at the start. Specifically, he spoke about the solemnity of the proceeding and asked jurors to give their full undivided attention. He requested that everyone turn off other electronic devices and not multi-task. He also asked that jurors stay in a private area isolated from distractions. Finally, Judge Berrones also informed participants to contact the court assigned personnel (Bailiff Roy) if they became disconnected.

OPENING STATEMENTS Next came opening statements. Generally, the content of my opening statement was the same as if the trial

WITNESS TESTIMONY In preparing my witnesses for trial, there were a couple of extra measures I took because I wanted to make sure they were comfortable with Zoom and that they presented well on video. I took care to choreograph their lighting and camera placement such that it was at eye level so they appeared to be looking directly at the jury. It is also important that your witnesses not have any documents in front of them while testifying, except copies of exhibits provided by the court, which should remain unmarked except by an exhibit label designation (i.e., Exh. A, or Exh. 1).

Witnesses must always stay present on the video screen.

Should you have concern that a witness is looking at something inappropriately or that someone else is in the room, don’t be afraid to ask the judge if the witness would rotate the camera 360° to confirm he or she is alone in the room, or at least have the witness represent to the court that no one else is present. This is important because witnesses must be alone while testifying so they cannot be coached.

Keep in mind that there is a ½ second delay in transmission with Zoom technology. For that reason, you must not interrupt anyone or you won’t create a clean record.

The judge should strictly enforce ‘no speaking objections,’ because people speaking over each other will not create a clean record.

The Court can also deal with objections using a breakout room, which is similar to a sidebar, although that is generally not recommended. It interrupts the flow of the proceedings, and technically the Court should require everyone to check their audio when re-entering the virtual courtroom.

In my opinion, witness testimony was the most challenging part of being remote. I had some technical issues when I attempted to play the video recorded evidence deposition of the investigating police officer. The video worked, but the audio didn’t. Sensing my frustration,

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Judge Berrones graciously decided to take a break, which allowed me to remedy the technical issue outside the presence of the jury. It turned out to be operator error. A colleague who was watching the livestream contacted me during the break with instructions on how to properly use the technology.

EXHIBITS Exhibits are much different in the virtual environment. First, you need to make sure your exhibits are marked and uploaded into ShareFile (or Dropbox, or whatever other sharing service a court might employ), where opposing counsel has access. Secondly, keep in mind you are not moving physical things around the courtroom.

You remember in law school when you learned about the physicality involved in handling exhibits in the courtroom? You learned this dance: mark the exhibit, show it to opposing counsel, request permission to approach the witness, hand it to the witness, lay the foundation, offer, then after it has been offered, show it to the jury.

Here, you only have one way – the share screen option – to publish the exhibit to the jury. However, it must first be admitted into evidence before you can publish.

And you still need to offer and lay foundation. You can’t share screen – thereby publishing to the jury – unless the exhibit is first admitted into evidence – that’s one of the reasons we had pre-trial conferences to address those type of issues.

You share from the application you have it in—for example, Adobe—and not your entire computer screen. If you mistakenly share your entire desktop then everything on your computer screen might be displayed to the jury, including your outlook emails, open webpages, spreadsheets, etc. You may pre-send exhibits to the witness by email, or via the Zoom chat “file share” function.

Impeachment is also slightly different. Be certain to upload the deposition transcript to ShareFile. Should you need to refresh a witnesses’ recollection, you may only do so if the court already received the transcript or document. If your case involves physical evidence that needs to be touched and cannot be replaced by video, then your case may not be appropriate for a remote trial.

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PRESENTATION STYLE The approach is much different. You are talking into a camera in a more intimate setting which requires a completely different presentation style. As trial attorneys, we are used to moving around the courtroom while arguing our case. This is your theater, the courtroom is your stage.

Virtual trials require some adjustments for actors (attorneys) who are used to a live audience (juries).

For example, when you are in a large courtroom and you are cross-examining a hostile witness, you may become indignant and your tone may become agitated and confrontational. The courtroom absorbs the aggression and the jury generally gets what you are doing.

However, during a remote trial, your face is three feet from the camera and the jury may negatively react to your aggression because you are invading their personal space.

Instead, narrowly focus your examination so that your questions are direct and precise - only calling for a yes or no answer. Doing so may raise the jury’s view of your professionalism and discredit the witness.

Visuals help tell a story and keep jurors engaged. I used far more visual aids than in a normal trial. I screen shared exhibits, photographs, billing records, spreadsheets and used PowerPoint slides to help tell a story.

Adding visual aids kept the jury focused on the theme of my case instead of my words and behavior. Like most of you, I have Zoom fatigue. I didn’t want to be the cause of that for the jurors.

I also recommend that you be fully prepared with your exhibits. This means you have your exhibits uploaded in ShareFile. Also, make sure your witnesses are familiar with the exhibits. This will help them appear more credible.

Be patient: there will be unforeseen challenges, technical glitches, and frustrations. There will be occasional delays caused by technological hiccups. For instance, jurors may lose their connection and miss some testimony, so the trial will have to be paused until they can reconnect and the court reporter reads back what they missed. Or, like me, your audio may fail. Do your best to be patient and approach the challenges with civility and good humor.

CLOSING Truth be told, while I advocate using visual aids, I had technological issues doing so during my closing

argument. Specifically, jurors commented that my audio was choppy while I was screen-sharing my PowerPoint closing presentation. I suspect this was a bandwidth issue resulting from screen sharing while also having my video screen on. My research has since concluded that screen sharing uses a lot of bandwidth, so that most likely was the culprit. As I believe visual aids were a greater asset than hinderance, I will definitely use them again. I will, however, turn my video off while screen sharing to reduce bandwidth usage, and hopefully that will stabilize my internet connection.

missing work. Indeed, they felt safer and more comfortable at home. Because jurors are vital to our justice system, finding a way to for them to serve safely is key to reopening the courts. Now that we have shown the process works, my hope is to continue to improve it so that remote civil jury trials can be a viable alternative for future litigants.

DELIBERATIONS After closing arguments, jurors gathered electronically in a private breakout room to deliberate. Judge Berrones emailed each juror a link to the ShareFile site, where they could view exhibits and the jury instructions. Once the jury reached a decision, the jury foreperson filled out the jury verdict form. As we stipulated, the jury foreperson signed the verdict on behalf of the other jurors, and Judge Berrones polled the jury to confirm the verdict.

CONCLUSION In conclusion, I believe the trial was a success. Juror feedback has been positive. They loved the convenience of staying home rather than worrying about waking up early, driving to the courthouse, looking for parking, and

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May 2021

19

Guardian Ad Litem/Child Representative/Attorney for the Child: Seeking Fees and the Likelihood of Payment

Y

BY LISA DUNN

ou have been appointed as Guardian ad litem (GAL), or child’s representative (CR), or attorney for the child by the court. The amount of your retainer is set by the court pursuant to 750 ILCS 5/506 (b), which provides:

“The court shall enter an order as appropriate for costs, fees, and disbursements, including a retainer, when the attorney, guardian ad litem, or child’s representative is appointed.”

The amount of your retainer and how it is paid should be set forth in your appointment order. Hopefully, you are able to collect the retainer from the parties at your initial meeting, or shortly thereafter.

But if you are not paid, do not despair, Lisa L. the Court may hear about it soon, at Dunn is a the time you present your request for partner with fees. the Law As the cases progresses, you will be Offices of Massucci, working on the case and your fees may Blomquist, increase. In order to get paid, during Anderson the pendency of the case, you are to & Dunn in file detailed invoices for services renArlington dered with a copy sent to each party at Heights. She represents least every 90 days, as required by 750 clients ILCS 5/506(b). The statute provides: “Any person appointed under this

20 The Docket

Section shall file with the court within 90 days of his or her appointment, and every subsequent 90-day period thereafter during the course of his or her representation, a detailed invoice for services rendered with a copy being sent to each party. The court shall review the invoice submitted and approve the fees, if they are reasonable and necessary.”

in family and matrimonial law matters.

What if you do not file itemized invoices every 90 days? There is a Rule 23 case, In Re Tumminaro,1 which found that even though a GAL did not strictly comply with the 90-day filing requirement of detailed invoices, the Court still had the discretion to consider and allocate the fees, since Sec. 506(b) is directory, not mandatory. Although this is a Rule 23 case and cannot be cited as precedent, except in limited circumstances, it is useful to 1

2013 IL App (2d) 120287-U.

know if you inadvertently do not file your detailed invoices every 90 days you may still get paid. Of course, a better practice is to file the invoices monthly. By doing so, you will be meeting the 90-day requirement and more importantly, the parties will know on a more frequent basis the amount of your fees. Perhaps you will even get paid by the parties on a monthly basis.

When you present your request for payment, not only do you want the Court to approve the fees, but you will ask the court for an order detailing how much each party is to pay. 750 ILCS 5/506(b) provides: “Any order approving the fees shall require payment by either or both parents, by any other party or source, or from the marital estate or the child’s separate estate.”

order worthless? Fortunately, the answer is no and can be found in 750 ILCS 5/506 (b) which provides: “Unless otherwise ordered by the court at the time fees and costs are approved, all fees and costs payable to an attorney, guardian ad litem, or child representative under this Section are by implication deemed to be in the nature of support of the child and are within the exceptions to discharge in bankruptcy under 11 U.S.C.A. 523. The provisions of Sections 501 and 508 of this Act shall apply to fees and costs for attorneys appointed under this Section.”

If one or both parties files for bankruptcy, is your fee order worthless?

Fortunately, the answer is no.

In the 19th Judicial Circuit, Lake County, Illinois, there is a form order for payment of fees. The link can be found at: https://www.lakecountycircuitclerk.org/docs/default-source/civil-small-claims/order-for-child-representative-gaurdian-ad-litem-(gal)-attorney-for-child-fees. pdf. Please feel free to use this form as a template and tailor it to your case.

One practice tip is to put a payment plan in your fee order. For example, the party can be ordered to pay you back at a specific rate per month. You can also ask the Court to allow the issuance of an Income Withholding Notice to have the amount garnished from a pay check.

This could increase the likelihood that you will be paid.

What if you have an order requiring one or both parties to pay, but one or both parties refuse to do so? You can file a Memorandum of Judgment against real estate, or file a non-wage or wage garnishment. If you are fortunate, you may be able to pursue the collection of your fees by more than one of these options. Another collection avenue, allowed in Cook County, was for the GAL to file a Petition for Rule to Show Cause to enforce the payment of GAL fees. But, you might ask, how can you do this as a GAL because filing of pleadings is beyond a GAL’s scope?

(See 750 ILCS 5/506(a)(2)). In a Rule 23 order, in In Re Marriage of Orloff,2 the Court held that the GAL in a dissolution of marriage case had standing to file a petition for indirect civil contempt against one of the parties for his failure to pay his court-ordered fees. This is another Rule 23 case to keep handy in your lawyer “tool box” to use, if necessary.

If one or both parties files for bankruptcy, is your fee

Bankruptcy case law has supported this rule. In Levin v. Greco,3 the Court held that a CR’s fees were eligible for the domestic support exception to discharge.

Judge Gottschall in the United States District Court, Northern District of Illinois found that the fees were not dischargeable in bankruptcy and the CR could collect his fees. You may be wondering if this applies to GAL fees as well. The Levin Court wrote that “there is no meaningful distinction for purposes of the Bankruptcy Code’s domestic support exception between a child representative and guardian ad litem.” Id. at 667. This was later addressed in Bush v. Heimer (In re Heimer)4, , where the Court found that attorney’s fees of child representatives, including a GAL, who are appointed for a debtor’s children in state divorce court come within the scope of the Bankruptcy Code’s definition of “domestic support obligations,” and are therefore non-dischargeable pursuant to §523(a)(5) of the United States Bankruptcy Code. The Court also ruled that the automatic stay could be lifted by the state divorce court to determine the amount of the GAL’s fees due, and the extent of the debtor’s obligation for the fees. It is now well settled law that as a GAL or CR you can continue to pursue the collection of your fees in the domestic relations case, without seeking the assistance of the bankruptcy court to lift the automatic stay, if a party files a Chapter 7 bankruptcy petition.

If one of the parties files a Chapter 13 bankruptcy petition, then the GAL/CR should file a proof of claim for the court-ordered fees in the chapter 13 proceeding. You will be paid through the Chapter 13 plan.

The job of GAL/CR/attorney for a child can be difficult and challenging. The vast majority of attorneys who fill these roles are hardworking and diligent. The

2

3 4

2018 IL App (1st) 180184-U.

415 B.R. 663 (N.D. Ill. 2009).

549 B.R. 881 (N.D. Ill. 2016).

March 2021

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attorneys anticipate that they will be paid, except for pro bono cases, and must rely on the court to approve and order those fees. Then, the Court needs to be made aware of when a fee order is not being followed and, hopefully, willThe ensure payment is made. light of proudly Lawthat Offices of David R. DelInRe, P.C., the current pandemic and the large number of people announces that John W. Radosevich has joined the who have lost jobs or are working fewer hours and earnasincome, a Partner.

John is a likely 2006 graduate ing a reducedfirm or no it is highly that the of The George Washington University Law School non- payment of fees will become more prevalent.

That and spent 14 years as Principal Assistant Public Defender may mean that some of the parties in cases where we are in thenot Felony Trial at theItLake appointed may be able to Division pay our fees. is myCounty hope Public that this primer will be useful youRadosevich in the upcoming Defender’s Office.toMr. will concentrate months and years. his practice in all aspects of criminal defense, traffic, DUI, DCFS Appeals and Secretary of State hearings.

D R D

22 The Docket

The Law Offices of David R. Del Re, P.C. 200 N. Martin Luther King, Jr. Ave., 2nd Floor Waukegan, IL 60085 office 847.625.9800 facsimile 847.625.9980 www.daviddelrelaw.com

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!

May 2021 23

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

24 The Docket

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.

May 2021 25

• 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

May 2021 27

Foundation & Committee Minutes MARCH 10, 2021 - CIVIL TRIAL & APPEALS COMMITTEE MEETING VIA ZOOM Meeting commenced at 4:00 p.m. Introduction

by Committee Co-Chair, Daniel Smart TOPIC OF DISCUSSION: EVICTIONS – COVID EVICTION MORATORIUM BY ATTORNEY LEEANN GURYSH • A moratorium on evictions began in March 2020 with a most recent extension to April 2, 2021.

• Evictions will explode once the moratorium is lifted.

• The steps to eviction involve a failure to pay or violation of a lease or criminal violation or holding over (failure to leave the premises.)

• CoVid regulations require a declaration form be given to the person being evicted and they are given an opportunity to complete it under penalties of perjury

Welcome

New LCBA Members

ATTORNEY Juan Bernal Lesser, Lutrey, Pasquesi & Howe LLP Karen McGowan Attorney at Law Lee Fainman Lee Fainman Attorney at Law Brad Baum Attorney at Law PARALEGAL STUDENT Samantha Misch

28 The Docket

that they have a Covid economic hardship.

• The form must be served and a Affidavit of Service filled out.

• If the declaration form is not received back, the landlord can filed the eviction.

• At any time the form is filled out, the eviction case cannot continue.

• ALL eviction cases must have Plaintiff’s certification of compliance.

• If the Plaintiff/landlord believes the Defendant/ tenant is lying about the hardship on the form, they can file a motion. However, it is a long drawn out process to try to prove.

• Exceptions: A landlord can evict if there is significant damage to property or the tenant is a danger to themself or others.

• The most recent extension to April 2021 may be the last.

• Commercial evictions are still proceeding.

TOPIC OF DISCUSSION: JURY TRIALS NOW AND IN THE FUTURE IN LAKE COUNTY BY JUDGE HOFFMAN • Civil jury trials have resumed on March 1, 2021.

• Judges Hoffman and Salvi were assigned the last 2 weeks of jury trials, but the cases all settled.

• Judge Berrones has 2 jury trials set for next week (a 6 person and a 12 person.)

• Judge Hoffman meets with the Chief Judge of the Criminal Division on Friday to coordinate.

• Pretrials are a week earlier

than the trial now and also on the Friday before trial.

• Courtroom T110 will be used for next week’s 12 person jury, if it proceeds.

• Jury deliberation will be in the jury assembly room or in C205.

• Since no jury room is big enough, a second courtroom must be used for deliberations.

• A survey about the future of civil court proceedings and trials in the future will go out to the bar as a whole with suggestions funneled through the Committee Chairs to the Chief Judge.

TOPIC OF DISCUSSION: FULLY ZOOM JURY TRIAL BY DEFENSE ATTORNEY, TERRY MUELLER • Terry gave a power point on his experience with the first fully Zoom jury trial in IL. • The case was a motor vehicle accident, rear-end collision with soft tissue injuries.

• The plaintiff’s attorney was Tony Elman and Judge Berrones presided over the case.

• The parties stipulated to a remote trial and that the foreperson would sign the verdict form and the other jurors would be polled by the judge.

• The attorneys entered into a high-low agreement before trial.

• The jurors received summons with Zoom instruction.

• Terry suggested that you consider lighting and using documents to keep their interest.

• There was also a ½ second delay in transmission to consider.

• There were some technical difficulties occasionally, but there were remedied.

• A trial via Zoom is an intimate environment, so it does not work to be aggressive as you could be in a live trial.

• Terry believes visual aids helped keep the jurors’ attention and focus.

• During deliberation, a tech person oversees and if a juror drops off, the tech person will stop deliberations and give support.

• Overall, the trial went well, but it was a 2 day trial with a 6 person jury.

Next meeting will be April 14th via Zoom and the annual Civil Trials & Appeals Seminar will be on May 27th via Zoom.

Meeting adjourned at 5:05 p.m. _______________________ LAKE COUNTY BAR FOUNDATION BOARD OF TRUSTEES MEETING MARCH 16, 2021 IN ATTENDANCE:

BY ZOOM: Joann Fratianni John Quinn, Sr. Rick Lesser Nick Riewer Carey Schiever Shyama Parikh Tara Devine Amy Lonergan Keith Grant Rick Lesser Douglas Dorando David Gordon

Hon. Fred Foreman (Ret.) Melanie Rummel Kristie Fingerhut Hon. Henry “Skip” Tonigan (Ret.) Jeffrey Berman

BY PHONE: Nandia Black ALSO IN ATTENDANCE: Greg Weider, Executive Director, LCBA, LCBF and Jose Gonzalez.

I. CALL TO ORDER: Meeting was called to order

by President Nick Riewer at 4:02 p.m.

II. APPROVAL OF MINUTES: Minutes of the Meeting of February 16, 2021 were presented for approval.

Motion to approve made by Doug Dorando and seconded by Amy Lonergan. Motion carried.

III. TREASURER’S REPORT: A. STATUS AND BALANCES OF LCBF ACCOUNTS: Nick Riewer reported that new passwords have been issued for access to the accounts for Nick Riewer, Perry Smith and Greg Weider. A Treasurer’s report will be given at the April Meeting.

B. WARRANT/APPROVAL OF EXPENSES PAID: President, Nick Riewer reported that the Warrants and approval of expenses will be presented at the April Meeting.

IV. CONTINUING BUSINESS: A. PROPERTY TAX EXEMPTION:

Amy Lonergan reported that there has been no decision from the Illinois Department of Revenue.

B. PROPOSED LCBF BYLAW REVISION: The Proposed LCBF ByLaws changes in their entirety will be presented to the LCBA Membership to be voted upon at the annual meeting on March 23, 2021. The new By-Laws will need to be added to the Lake County Bar Website.

A special thank you to the By-Laws Committee for their work on the proposed changes.

C. GRANT APPLICATION UPDATE: A proposed Grant Application was attached to the agenda materials.

A suggestion was made to add the language on the application form that the LCBF is a 501(c)(3) charitable organization. We also need to add contact information for our new Executive Director Greg Weider on the application form. The updated application form should be included for access on the LCBA Website. A special thank you is given to Amy Lonergan and Shyama Parikh for their work on the new application form.

D ROOF UPDATE: There have been no reported roof leaks based on recent inspections.

V. NEW BUSINESS: A. LCBF GRANT SUBCOMMITTEE UPDATE: We will reconvene the Grant sub-committee after the revised application form is on the Website and we receive applications.

B. EXECUTIVE DIRECTOR GREGORY L. WEIDER: Our new Executive Director, Gregory L. Weider has indicated that he hopes to be able to meet with everyone. His e-mail address is Greg@lakebar.org.

C. FUNDRAISING FOR 2021: An Events Sub-Committee was formed with the following members: Kristie Fingerhut, John Quinn, Sr., Joe McHugh, Melanie Rummel, Carey Schiever, Amy Lonergan, Joann Fratianni, and David Gordon. A Meeting will be set to decide what type of fundraisers we should consider and recommend to the full Board. Further, Nick will remind our membership that they

can donate to the Bar Foundation thru the use of Amazon Smile when they order items thru Amazon.

By selecting the use of this feature when ordering from Amazon, a portion of the sales are donated to the LCBF by Amazon Smile.

D. GENERAL ANNOUNCEMENTS: An invitation has been extended to State’s Attorney, Eric Rinehart to serve on the LCBF Board.

He has accepted the offer.

VI. ADJOURNMENT: Motion to adjourn made by Doug Dorado and seconded Shyama Parikh; Motion carried and the Meeting adjourned at 4:28 p.m.

Respectfully submitted, Joann M. Fratianni Secretary

The Chicago Trust Company, N.A.

LOCAL. EXPERIENCED. DEDICATED. Corporate Trustee Services • Personal Trust Administration Estate Settlement • Special Needs Trusts • Guardianships

Amy L. Goldsmith, J.D. Vice President & Trust Officer 847.810.5037 agoldsmith@wintrustwealth.com

Georgia Michaels Kyriacou, J.D. Vice President & Trust Officer 847.615.1478 gkyriacou@wintrustwealth.com

May 2021 29

Board of Directors’ Meeting

The

Meeting Minutes

BY KATHARINE S. HATCH SECRETARY

Thursday, March 18, 2021 ACTION ITEMS: 1. Consent Agenda: a. February BOD Mtg. Minutes -P4 b. February New Members – P7 Motion to Approve Consent Agenda, Motion Seconded, Consent Agenda Approved.

4. Lawyer Referral Service (LRS) a. Other interviews other than chairs b. Videos/part of renewal Motion made to table LRS issue to April 2021 BOD meeting, Motion Seconded, Motion Passes.

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

5. CLE Certificates/ Process Motion made to table CLE certificate Process to April 2021 BOD meeting, Motion Seconded, Motion Passes.

OLD BUSINESS: 1. Executive Director Update Greg Weider started as Executive Director of the LCBA the first week in March 2021, Welcome Greg!

NEW BUSINESS: 1. Access to Justice Award Winners Award winners announced: Suzanne Willett, John Radosevich and Kathleen Curtin.

2. Surepay Update Employee Overpayment Issue Resolved.

2. March Annual Meeting Agenda 3. QuickBooks update Committee working on Update.

3. PPP Loan Update Loan application in Process, other change of Banking Information in Process.

30 The Docket

4. Credit Card Reconciliation Process Motion made for Review

in April 2021, Motion Seconded, Motion Passes.

5. Shredding Vendor Greg Weider to work on Vendor selection.

6. PTO/Employment Update Annual Employee reviews to be completed in the upcoming month.

7. COVID office supplies Supplies Purchased for Covid-19 protection.

8. Jose Gonzalez Job Description Motion made to classify Jose Gonzalez as a six plus (6+) year employee of the LCBA thereby entitling him to the benefits associated with such classification pursuant to the LCBA Employee Handbook, Motion Seconded, Motion Passes.

9. Docket Review We were to review 6 publications/6 electronic in December (preview with

ultimate review in April) Motion made to Table Review to May, Motion Seconded, Docket Review to be done in May 2021.

BOARD MEMBERS PRESENT Hon. Patricia Cornell President Tara Devine Second Vice President Kathleen Curtin Treasurer Katharine S. Hatch Secretary Stephen Rice Past President David R. Del Re 2018-2021 Director Thomas A. Pasquesi 2018-2021 Director Daniel Hodgkinson 2019-2022 Director Craig Mandell 2020-2023 Director Hon. Jacquelyn Melius 2020-2023 Director Greg Weider Executive Director

10. Joint Executive Board Meeting to be held in March (LCBA/LCBF) Per Cost Sharing agreement a joint meeting of the LCBA and LCBF will take place in April 2021.

11. LCBA Annual Memorial Questionnaire Sent out to the LCBA Membership.

OTHER MATTERS: 1. Committee Updates a. Family Law Motion made to allocate $1,500 of sponsorship money raised for the Family Law Seminar for a Family Law Holiday Party, No Second, Motion Fails.

Motion made to Support Family Law Committee

Resolution in Opposition to House Bill 861, Motion b. Real Estate Seminar Good attendance numbers and Sponsorship Dollar Amounts. c. Criminal Law Seminar Buffet ongoing throughout the Month of March, Good Attendance Numbers and Sponsorship

Dollar Amounts.

2. Executive Director Report Motion to adjourn: Motion to Adjourn made at 1:03, Motion Seconded, Meeting Adjourns.

Next Board Meeting: April 22, 2021

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 • Estate 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 May 2021

31

Monthly

Committee Meetings

DAY

GO TO

WWW.LAKEBAR.ORG FOR THE MOST UP-TO-DATE CALENDAR INFORMATION.

Bar

Bulletin Board

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

32 The Docket

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.

May 2021

33

300 Grand Avenue, Suite A Waukegan, IL 60085 Tel: 847-244-3143 Fax: 847-244-8259

MEMBER RECEPTION

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 info@lakebar.org to add your name to a reception.