The Docket - October 2020

THE

DOCKET The Official Publication of the Lake County Bar Association • Vol. 27 No. 10 • October 2020

V olunteer Lawyers Program

Thank you to these attorneys who have either closed a pro bono case or taken a new pro bono case in 2019-2020. This program is supported by the Community Outreach Committee of the Lake County Bar Association. Members of the Lake County Bar Association are indicated with an asterisk (*). To become a volunteer please call Prairie State Legal Services at 847-662-6925.

2019-2020 Pro Bono Volunteers

Robert Ackley* L. Kat Allen* Julane Alt Femarie Ang* Greta Berna* Deanna J. Bowen* Julia K. Carpenter* Ann Conroy* Kaitlyn Costello* Damian P. Crooks* Kathleen Curtin* David R. Del Re* Mary L. Field* David R. Ganfield* Deborah L. Goldberg* Thad Gruchot Catherine Hermann Cathy Higgins Mora

Deanna Hoyt* Sarah Kahn* David S. Kerpel* Raymond J. Kloss* Chris Marder Jeffrey M. Middlesworth Sandra M. Moon* Donald J. Morrison* June P. Peterson-Gleason* Stuart A. Reid* Gary L. Schlesinger* Stephen Simonian* Lawrence W. Smith Michael S. Strauss* Robert A. Stavins* Rebecca J. Whitcombe* Magdalena Wilk Scott Williams*

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

2020 LCBA OFFICE RENTAL PRICING

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

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

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

Contact the LCBA Office at 847-244-3143 or info@lakebar.org

Contents THE DOCKET • Vol. 27, No. 10 • October 2020

COLUMNS 2 President’s Page Not the same ‘ole President’s Page

BY PATRICIA L. CORNELL, PRESIDENT

4 The Chief Judge’s Page Jury Trials

A publication of the

BY CHIEF JUDGE DIANE WINTER

6 Bar Foundation

Exercise, People Exercise!

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 Tracy M. Poulakidas Stephen J. Rice Neal A. Simon Hon. ­­­James K. Simonian Rebecca J. Whitcombe Alex Zagor

BY NICHOLAS A. RIEWER, PRESIDENT

12 Monthly Case Report 14 The Meeting Minutes July 23, 2020

LCBA EVENTS IFC 2019 LCBA Office Rental Pricing 3 New Members 7 Calendar of Events 8 Grapevine 8 Fall Luncheons 9 Lake County Candidates Forum 11 Art With a Heart 15 Lawyer Referral Service 18 Monthly Committee Meetings BC Member Reception

BY KATHARINE S. HATCH, SECRETARY

16 In the Director’s Chair Art With a Heart Beneficiaries

BY DALE PERRIN, EXECUTIVE DIRECTOR

STAFF Dale Perrin Executive Director Jose Gonzalez Membership Coordinator Katherine Montemayor Office Manager

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

Back Cover

ONE ISSUE

6 ISSUES

12 ISSUES

$85 $80 $75 $145 $135 $125 $195 $185 $175 $325 $295 $275 $650 per issue $800 per issue

Classified Advertising

Standard $1.75 per word (Rate for LCBA Members) Text $2.75 per word (Rate for Non-Members) Bold $3.50 per word (Rate for LCBA Members) Text $4.50 per word (Rate for Non-Members) Classified Advertisement may contain as many words, numbers, symbols and boldface type.

Advertising Rates To place an ad or for information on advertising rates, call (847) 244-3143. Submission deadline: first day of month preceding the month of publication. All submissions must be made in electronic format (high resolution PDF or JPG format at a resolution of 300 pixels per inch or more.) See www.lakebar.org/page/Docket_Advertising The Docket is the official publication of the Lake County Bar Association, 300 Grand Avenue, Suite A, Waukegan, Illinois 60085 (847) 2443143, and is published monthly. Subscriptions for non-members are $45.00 per year.

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

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

Not the same ‘ole President’s Page

A

re you tired of reading about the same things? Are you also exhausted of hearing people talk about the same things? I pondered about this President’s Page for some time. I have to say that I don’t typically pay much attention to all the “national days” we “celebrate” – I just see them on

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

2

The Docket

social media. I certainly find myself questioning whether some of them are even real.

This article is a result of a few Google searches about the month of October. It should be noted that I have intentionally left out the legitimate national holidays – not because I don’t care about them – but it’s just not the vision I had for this article.

Also, different sites provided different information, so I did my best to make it the most accurate but also entertaining.

Have you recently gotten a puppy (or plan to) or do you simply love all types of animals? Then October is just the month for you because you can celebrate any of the following days: October 1 is National Black Dog Day and National Fire Pup Day; October 2 is Farm Animals Day; October 4 is World Animal Day; October 8 is Octopus Day; October 14 is National Pet Obesity Day and Global Cat Day; October 16 is National Feral Cat

The

President’s Page

Day; October 17 is National Fetch Day; October 20 is International Sloth Day; October 21 is National Reptile Awareness Day, National Reptile Day, and National Pets for Veterans Day; October 22 is National Make a Dog’s Day; October 23 is National Croc Day and National Mole Day; October 26 is National Pit Bull Awareness Day; October 27 is National Black Cat Day; and October 29 is National Cat Day. Best of all, October is Adopt a Dog Month – so go adopt a dog!

If you love food and drink, then October is the month for you! You have the following days to look forward to: October 1 is International Coffee Day, National Homemade Cookies Day (this should be National Hon. Elizabeth M. Rochford Day), and World Vegetarian Day; October 2 is National Produce Misting Day and

BY PATRICIA L. CORNELL PRESIDENT National Fried Scallops Day; October 4 is National Cinnamon Roll Day, National Crunchy Taco Day, National Taco Day (clearly non-crunchy taco lovers were angry), and National Vodka Day; October 6 is National Noodle Day and National Eat Fruit at Work Day; October 7 is National Frappe Day; October 8 is National Fluffernutter Day and National Pierogi Day; October 9 is Moldy Cheese Day; October 10 is Egg Day and National Angel Food Cake Day; October 11 is National Sausage Pizza Day; October 12 is National Yorkshire Pudding Day, Pulled Pork Day, and Pumpkin Pie Day; October 13 is National M&M Day; October 14 is National Dessert Day; October 15 is National Cheese Curd Day and National Mushroom Day; October 16 is National Liqueur Day and World Food Day; October

17 is National Pasta Day and National Mulligan Day (a stew – I had to look it up); October 18 is National Chocolate Cupcake Day (one of my favorites); October 19 is Seafood Bisque Day; October 20 is Brandied Fruit Day; October 21 is International Day of the Nacho and National Apple Day; October 22 is National Nut Day; October 23 is National Boston Cream Pie Day; October 24 is National Bologna Day (who doesn’t love a good fried bologna sandwich?

Just so you know, I’ve asked around and apparently no one but me loves a good fried bologna sandwich); October 25 is National Greasy Foods Day; October 25 is World Pasta Day (because October 17 wasn’t enough); October 26 is National Chicken Fried Steak Day, National Pumpkin Day, and National American Beer Day; October 28 is National Chocolate Day; October 29 is National Oatmeal Day; October 30 is National Breadstick Day and National Candy Corn Day; and October 31 is not only Halloween but also National Caramel Apple Day. Sadly, October does not contain a National Condiments Day to the Hon. Ari P. Fisz’s dismay.

The entire month of October is also celebrated for the following food and drink topics: American Cheese Month; Eat Better, Eat Together Month; National Caramel Month; National Chili Month; National Dessert Month; National Pasta Month; National Pickled Peppers Month; National Pizza Month; National Pretzel Month; National Sausage

Month; and it is also Vegetarian Month.

If you like humans, then October is also for you to be aware and take note of the following: October 1 is International Day of Older Persons; October 2 is National Custodian Day; October 3 is Mean Girls Day, National Boyfriend Day and National Kevin Day; October 4 is National Golf Lovers Day (this one is for the Hon. Jacquelyn D. Melius and Richard Kopsick); October 5 is National Kiss a Wrestler Day, and World Teacher’s Day; October 6 is National Coaches Day; October 9 is Lief Erikson Day; October 11 is Cari B’s birthday, National Coming Out Day, World Health Day, National Kimberly Day; October 12 is Farmers Day and National Gumbo Day; October 15 is National I Love Lucy Day; October 16 is National Boss’s Day; October 17 is Eminem’s Birthday (one of my favorites) and National Pay Back a Friend Day; October 19 is National New Friends Day; October 21 is National Medical Assistants Day; October 23 is National Paralegal Day and TV Talk Show Host Day; October 24 is Drake’s birthday and Punkin Chunkin Championships; October 25 is Katy Perry’s Birthday, Forgiveness Day, and National I Care About You Day; October 27 is Cranky Coworkers Day; October 28 is National First Responder’s Day; and October 30 is National Text Your Ex Day. There are also some National days of the month that either make you chuckle or roll your eyes: October 1 is Nation-

al Hair Day; October 2 is National Name Your Car Day, National Body Language Day, and National Walk and Bike to School Day; October 3 is National Techies Day and National Poetry Day; October 5 is Amazon Prime Day (wait, isn’t that every day?), National Be Nice Day and National Do Something Nice Day, County Inn Bed and Breakfast Day, and National Get Funky Day; October 6 is National Mad Hatter Day and National Transfer Money to Your Daughter Day; October 10 is National Cake Decorating Day, National Handbag Day, and National Hug a Drummer Day; October 12 is National Savings Day (which you may need after October 6 and upcoming 13) and National Online Bank Day; October 13 is National Transfer Money to Your Son Day and National Train Your Brain Day; October 14 is National Fossil Day, Face Your Fears Day, Be Bald and Free Day, and National Kick Butt Day; October 15 is Global Handwashing Day and International ShakeOut Day and National Grouch Day ; October 15 is Maths Day; October 17 is National Clean Your Virtual Desktop Day and National Edge Day and National Mulligan Day (when I looked this up I noticed it also applies to golf); October 18 is National No Bear Day; October 20 is National Day on Writing; October 21 is Back to the Future Day and National Check Your Meds Day; October 23 is iPod Day and Slap Your Annoying Coworker Day (I fretted about including this one so please do not try at work); Octo-

ber 25 is National Art Day and Chucky, The Notorious Killer Doll Day; October 30 is National Checklist Day; and October 31 is National Knock-Knock Jokes Day and Magic Day. If you prefer to honor or celebrate for a whole month, no worries because here are a few topics: National Book, Fair Trade, National Ergonomic, and National Protect your Hearing.

After reading this well-written and educating article, I am positive all of you will be marking your calendars in anticipation of the upcoming events.

However, if you feel that there is an area or an item that should receive recognition, it appears you can simply send an application to the National Calendar Day website. Please note that due to the abundance of applications they are only granting requests right now from companies and organizations. Apparently 18,000 applications are typically submitted a year – so, get that application in if you don’t mind waiting for a response!

Welcome

New LCBA Members ATTORNEY

Shawn McCullough Lesser, Lutrey, Pasquesi & Howe, LLP

ASSOCIATE

Paul Wieser MTG Management Consultants, LLC

STUDENT

Davone Pe Benito

September 2020

3

Jury Trials

P

ursuant to Administrative Order 20-45, Amended Temporary Procedures RE: Jury Trials, criminal jury trials resumed September 8th.

After considering the limitations of the court tower courtrooms and the proper distancing requirements, the Administrative Order limits jury trials to no more than two at

4

The Docket

one time. While preCOVID, our practice was to have more than 150 prospective jurors per week appear in the Jury Assembly room, we now are limited to no more than 51 jurors at a time in the room. In order to ease juror concerns about safety issues, the Jury Trial Task Force, co-chaired by Judge Mitch Hoffman and

The

Chief Judge’s Page Judge Victoria Rossetti, along with court staff and the health department, produced a video, titled “Serving Safely.” The video shows the jurors, the Jury Assembly room with socially distanced chairs, the re-arrangement of the courtroom, and the adjacent courtroom arrangement for breaks and jury deliberations.

The video also outlines all the precautions that have been undertaken to protect the jurors’ health and safety while they are in the courthouse and advises them of the requirement to wear masks in the courthouse. Part of the new protocols require the jurors to answer health screening questions and have their temperature taken with a no-touch thermometer upon arrival at the Jury Assembly room. Throughout the courthouse, hand sanitiz-

BY CHIEF JUDGE DIANE WINTER er dispensers have been installed and instructional signs posted for the proper social distancing requirements. To view the video, go to the following link: https://www.youtube. com/channel/UCwnpuRninxIkYrSnrdVfT1A .

Civil jury trials are scheduled to resume October 5th. The Administrative Order outlining the final procedures will be issued in early October.

Selection for six person juries is all that can be accommodated in the center courts because of the COVID facilities-distancing requirements. However, Judge Hoffman, who serves on the Supreme Court’s subcommittee, “Remote Jury Selection in Civil Trials,” has already conducted a test for the pilot program for a mock remote jury selection via Zoom here in Lake County. Prospective jurors will

complete a short questionnaire to screen for the ability to appear via Zoom and whether they have the quiet space necessary to participate in voir dire without interruption.

Early comments from the participants, which included jurors from our Probation Department, and attorneys from the plaintiff and defense bars, are positive. The ability to complete the selection process via Zoom will allow judges to seat only the 12-14 jurors that were selected to serve in the courtroom. Right now, the Task Force is considering the use of the Park City B courtroom and courtroom T-110 when it is vacated by Bond Court for its new home in the lower

level to conduct civil jury trials.

Once jury trials resume, the Nineteenth Judicial Circuit will be 95% operational. All courtroom matters will be at 100%, albeit, a little slower via Zoom. What is left?

Kids’ Korner and more functionality in the law library. These services will resume full operations as soon as the health department deems it safe. The same is true of attorneys and litigants in the courtrooms. As soon as the health department gives us its approval to place the number of people necessary to complete a court call in the court room, we will resume in person operations. Until then, it’s Zoom.

When you retire, your money should keep working.

Someday you’ll stop working, and at that point, you’ll have to depend on your retirement income. You’ll need a strategy.

With over 40 years of experience, I create and manage strategies for goals like retirement, estate planning and leaving a legacy. Let’s put your money to work.

Call us today to set up an appointment.

Pictured above (from the left): Karina A. Elperin (Wealth Management Associate), David J. Gordon (Senior Portfolio Management Director, Executive Director, Financial Advisor), Rafal Fidowicz (Registered Associate)

The Gordon Financial Group at Morgan Stanley 111 South Pfingsten Road, Suite 200 Deerfield, IL 60015 +1 847 291-5500 David J Gordon, CFP®, CIMA®, CDFA™ Senior Portfolio Management Director Executive Director Financial Advisor NMLS# 1268300 david.j.gordon@morganstanley.com www.TheGordonFinancialGroup.com

The use of the CDFA designation does not permit the rendering of legal advice by Morgan Stanley or its Financial Advisors which may only be done by a licensed attorney. The CDFA designation is not intended to imply that either Morgan Stanley or its Financial Advisors are acting as experts in this field. Certified Financial Planner Board of Standards Inc. owns the certification marks CFP®, CERTIFIED FINANCIAL PLANNER™ in the U.S. The appropriateness of a particular investment or strategy will depend on an investor’s individual circumstances and objectives. Morgan Stanley Smith Barney LLC (“Morgan Stanley”), its affiliates and Morgan Stanley Financial Advisor do not provide tax or legal advice. Clients should consult their tax advisor for matters involving taxation and tax planning and their attorney for matters involving trust and estate planning and other legal matters. Morgan Stanley Smith Barney LLC. Member SIPC. CRC 2778449 11/19

September 2020

5

Exercise People, Exercise!

I

accidently turned on the news the other night instead of my favorite Food Network show and was immediately 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.) Joseph M. Fusz 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.)

6

The Docket

greeted by negativity and the spewing of venom. I made the mistake the next morning of reading the news and was treated to more of the same. At first, I was taken aback, but then it dawned on me, this must be an election year. I checked the old calendar, and lo-and-behold, I was right, it is an election year.

I then started thinking about how important it is that we have the right to vote for our elected officials, as well as many other issues. I also think that many of us take for granted our right to vote.

The United States Constitution did not originally define who was eligible to vote; rather, it allowed each state to determine who was eligible.

In the early history of the United States, the right to vote was restricted to white males who owned a certain amount of property. This continued from the early days after the

BY NICHOLAS A. RIEWER PRESIDENT formation of the country, until 1870.

On February 3, 1870, the Fifteenth Amendment to the United States Constitution was ratified.

The Fifteenth Amendment granted African-American men the right to vote by declaring that the “right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any state on account of race, color, or previous condition of servitude.�

Although the Fifteenth Amendment was ratified on February 3, 1870, the promise of the Fifteenth Amendment would not be fully realized for almost 100 years. During this time, many southern states were able to effectively disenfranchise African-Americans by the use of poll taxes, literacy tests and other means. It

was not until 1965, when the Voting Rights Act was passed, that a majority of African-Americans in the south were able to be registered to vote.

The right to vote for women was still a long way off. Beginning in the early 1800s, women organized, petitioned, and picketed to win the right to vote. But it took them almost 100 years to accomplish their purpose. During that 100 years, several generations of women suffrage supporters lectured, wrote, marched, lobbied, and practiced civil disobedience to achieve what many Americans considered a radical change to the Constitution. Finally, on June 4, 1919, Congress passed the Nineteenth Amendment to the Constitution. The Nineteenth Amendment was ratified

on August 18, 1920.

The campaign for women’s suffrage was long and difficult, yet ratification of the Amendment did not ensure full enfranchisement. After ratification, there were still decades of struggle to include African-Americans and other minority women in the promise of voting rights. Many women remained unable to vote long into the 20th century because of discriminatory state voting laws.

The reason I bring out all of this history, is to show that a large portion of our population had to fight for hundreds of years to get the right to vote. I think many people in today’s society take the right to vote for granted and, in many instances, do not vote.

Regardless of your political affiliation, you need to express your satisfaction or dissatisfaction through your vote. If you are happy or satisfied with the way things are going, vote accordingly. If you are unhappy with the way things are going, and want to see change, vote accordingly. The most important thing however, is that you do exercise your right to

vote.

I would also once again like to plug the upcoming virtual art auction “Art with a Heart”. Please go to the Lake County Bar Association website, where you can purchase blank canvases, as well as sign up to be a sponsor for this event.

2

The

0

2 0

Calendar of Events October 20 Pro-Bono Awards Luncheon Virtual, 12 pm October 22 & 23 Child Representative Training Seminar Virtual November 3 Election Day Courthouse and LCBA Office Closed November 11 Veterans Day Courthouse and LCBA Office Closed

November 17 ARDC Update Luncheon Virtual, 12 pm August 15 – November 20 Art with a Heart Foundation Fundraiser

Suited to you

David Rubin Men’s Clothier

By Appointment 847.533.4936

September 2020

7

The

Grapevine

Fall Luncheons VIA ZOOM 12:00 – 1:00 pm October 20 Pro Bono Awards November 17 ARDC Update

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

We would like to hear from you!

Send your ideas to: dale@lakebar.org

Salvi, Schostok & Pritchard is pleased to announce Partners Tara R. Devine and Jennifer L. Ashley have been named to the 2020 Notable Women in Law list by Crain’s Chicago Business. The 2020 Notable Women in Law list recognizes women who have a track record of setting legal precedents, winning big cases for their clients and mentoring the next wave of women in law – all while finding ways to give back to their communities.

Katharine Hatch, formerly with the Lake County Public Defender’s Office, has recently joined forces with the law office of Clark & Steiner, Ltd. focusing her attention on Family Law matters.

CONTACT THE LCBA OFFICE FOR PRICING. (847) 244-3143

8

The Docket

Moderated by Chicago Daily Law Bulletin Editor, Marc Karlinsky

State's Attorney Candidates: Michael Nerheim & Eric Rinehart

LAKE COUNTY CANDIDATES FORUM Clerk of the Circuit Court Candidates:

Erin Cartwright Weinstein & Gloria Schmidt Rodriguez

September 29, 2020 12PM-1:30PM

September 2020

9

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

Same-day Service Risk Management Consultations

Answers questions and helps guide you through the process

Online CLE

Sponsored with the Illinois State Bar Association

No interest or fees for quarterly or monthly payments

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

(312) 379-2000 | ISBAMUTUAL.COM

WHAT IS IT

Art with a Heart is a virtual art auction fundraiser for the Lake County Bar Foundation that replaces the biennial Gala that was canceled this year due to COVID 19.

BENEFICIARIES

Waukegan to College, 19th Judicial Circuit Self-Represented Litigant Program, Art Impact Project

WHEN

Beginning mid-August 2020 through November 20, 2020.

DETAILS:

• Beginning in August, the LCBF will sell 8” x 8” blank canvasses for $10 each to members, family members, co-workers, neighbors, professional artists, want-to-be artists, celebrities, and anyone walking past the office.

• Buyers of blank canvasses will create their works of art on the 8 x 8 canvas and return them to the LCBA/LCBF office no later than October 26.

• Artwork will be displayed on the LCBA/LCBF website, in the LCBA/LCBF Office and possibly other locations in Lake County.

• Online bidding for each piece of art will begin at $25 and opens November 2 and closes November 20.

• Online bidding will be open to everyone and anyone, including Grandma in Arizona, so spread the word.

• Artwork can include anything as long as it is on or is attached to the 8 x 8 canvas. The more creative the better.

Self-Represented Litigant Program

Fundraiser

LAKE COUNTY BAR FOUNDATION

ART AUCTION

Heart

A VIRTUAL

Artwith a

Contact the Bar office at 847-244-3143 or info@lakebar.org to purchase your blank canvas by September 30, 2020.

August 2020

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

Illinois Second Appellate – Civil WC Media, Inc. v. Village of Gilberts Appellate Court of Illinois, Second District, February 26, 2020, 2020 IL App (2d) 190250, 150 N.E.3d 130, 440 Ill. Dec. 70 Background: Outdoor billboard advertising company sought declaratory judgment asking court to declare that village’s amended sign ordinance, which restricted the size of billboards to 80 square feet and 10 feet high, was preempted by the Highway Advertising Control Act, after village banned two double-faced 10-by-40 feet stacked billboards from being erected within the village. The Circuit Court, Kane County, David R. Akemann, and Kevin T. Busch, JJ., dismissed with prejudice. Company appealed.

Holdings: The Appellate Court, Zenoff, J., held that: 1 Company’s challenge to village’s ordinance was not a facial constitutional challenge, and thus was not subject to a heightened pleading standard; 2 On appeal company did not improperly reject its trial court preemption challenge to village’s sign ordinance; and 3. Village’s amended sign ordinance’s restrictions were not contrary to customary use under the Act, and thus were not preempted.

Affirmed. ______________________________________________ In re Estate of Young Appellate Court of Illinois, Second District, March 23, 2020, 2020 IL App (2d) 190392, 150 N.E.3d 170, 440 Ill. Dec. 110 Background: After testator’s will was admitted to probate, testator’s son filed will contest and separate complaint against his brother and sister, who was appointed executor

• FREE CLE • DISCOUNTED CLE • BUSINESS MEETINGS • LAWYER REFERRAL SEARVICE • COMMITTEE MEMBERSHIP • THE DOCKET & WEEKLY E-NEWS

12

The Docket

of testator’s estate, for breach of fiduciary duty, undue influence, tortious interference with inheritance expectancy, and conversion. Cases were consolidated. After son failed to appear in court as required, trial court denied son’s motion to continue, granted executor’s motion to dismiss both will contest and tort complaint for want of prosecution, and granted executor leave to file final accounting.

Son moved to vacate dismissal and closing of estate. After reopening estate for purpose of filing objections to final accounting and report, the Circuit Court, Kane County, Nos. 15-P-110, 16-L-163, John A. Noverini, J., denied son’s motion to vacate dismissal for want of prosecution (DWP) of will contest, dismissed son’s motion to vacate DWP of tort complaint as moot, and stayed pending motions and objections pending appeal of will contest. Son appealed.

Holdings: The Appellate Court, Jorgensen, J., held that: 1 Statutory six-month period in which will contests must be brought after admission of a will to probate is not jurisdictional; 2 Savings statute allowing refiling up to one year after DWP applies to will contests; 3 Order denying motion to vacate dismissal of will contest for want of prosecution was not final and appealable; and 4 Order dismissing tort complaint was not final and appealable.

Appeal dismissed. ______________________________________________

Illinois Second Appellate – Criminal People v. Copeland Appellate Court of Illinois, Second District, June 16, 2020, 2020 IL App (2d) 180423, 150 N.E.3d 185, 440 Ill.Dec. 125 Background: Defendant was convicted in the Circuit Court, Kane County, Linda Abrahamson, J., of predatory criminal sexual assault of a child upon entry of guilty pleas, and in addition to sentencing was ordered to pay restitution to a private company. Defendant appealed.

Holdings: The Appellate Court, Bridges, J., held that: 1 Appellate court was not required to summarily remand defendant’s claim of error regarding imposition of restitution, and 2 Defendant could not be ordered to pay restitution to third-party prison transportation provider.

Affirmed as modified in part and vacated in part.

EXCITING NEWS FROM MORRISON & MORRISON, P.C.

After 60 years, the Morrison Law Firm will be joining forces with the newly formed law firm of Kelleher + Holland, LLC as of January 1, 2021. We will continue vigorously fighting for justice for our clients in the areas of civil and criminal litigation.

In addition, our clients will have access to a premier full-service law firm that provides a wide platform of legal services. We cannot thank the Lake County Bar Association and the Lake County legal community enough for all the support over the last 60 years.

A new chapter for Morrison & Morrison is about to start!!

www.kelleherholland.com

September 2020

13

Board of Directors’ Meeting Thursday, July 23, 2020 ACTION ITEMS: 1. Consent Agenda: a. June Minutes – P3 b. June New Members – P7. Motion to approve Consent Agenda, Motion seconded, Motion Passed.

2. Treasurer’s report: a. July 2019 – June 2020 Financial Report with Year-End Final – P8 Treasuer updated the Board on the Final Budget and discussion had about Outstanding Invoices.

OLD BUSINESS: 1. Real Life Program Update: Introduction of the new Real Life Program - P15. Roll out of the new Real Life Video Program Discussed.

2. PPP Loan Update All Documentation submitted for PPP Loan.

3. Candidate Forum Update: Candidate Forum Discussed and Logistics planned.

4. Zoom Training: New and Young Lawyer Committee Planning a Zoom training CLE. NEW BUSINESS: 1. Judicial Selection & Retention Bylaw Chang-

14

The Docket

es – Review and approve recent revisions in JSRC Bylaws - P16 Moiton made to approve Judicial Selection & Retention Bylaw Changes, Motion Seconded, Motion Passed.

2. Virtual BOD Meetings: Gauge BOD’s comfort level with beginning in-person meetings.

LCBA Board of Directors Meetings will continue to be virtual.

3. Integrated Case Management System: Explanation of and LCBA’s role - P32. Integrated Case Management System and the LCBA role discussed.

4. SRL Grant for Courts: LCBA support letter signed and submitted - P35 5. Docket/LRS Ad: New ads currently being created 6. Social Media Subcommitee: Introduction of new committee, leadership and purpose. Discussed Creation of new Social Media Committee, Katharine Hatch will chair new committee.

7. Promotion of Member’s Webinar’s: Should

The

Meeting Minutes

BY KATHARINE S. HATCH SECRETARY

we promote, via non-paid Docket ads, webinars & other events hosted by members? Non-member webinars will not be promoted by the LCBA. 8. Petition for Diploma Privilege: Discussion and decision weather to support petition for Temporary Emergency Supreme Court Rule Amendment or Waiver of Rule 704 – P37. Motion made that the LCBA will not take a Position on the Petition for Diploma Privilege, Motion Seconded, Motion Passed.

OTHER MATTERS: 1. LCBA/LCBF Joint Sub-Committee: Discussed Creation of New joint LCBA/LCBF Sub-Committee.

2. Committee Updates: Contact your assigned committee chair for a report - P36.

Motion to adjourn: Motion to Adjurn, Motion

Seconded, Motion passed at 12:55.

Next Board Meeting: August 20, 2020 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 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 Dale A. Perrin Executive Director

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.

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.

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.

CONTACT THE LCBA AT 847.244.3143 OR INFO@LAKEBAR.ORG

LAKECOUNTYLAWYER.INFO September 2020

15

Artwith a

Heart

LAKE COUNTY BAR FOUNDATION

Art With a Heart Beneficiaries

A

s the Foundation’s all new “Art With a Heart” fundraiser is well underway with over 100 blank 8”x 8” canvases sold and the finished artwork to go on sale starting November 2, I thought I’d take this opportunity to provide some background on the three organizations identified as beneficiaries for the funds raised from this fundraiser.

ART IMPACT PROJECT The Art Impact Project’s mission is to “Enhance emotional wellness through creative expression.” Their Vision is to “Create opportunities for all to cope and hope through the impact of art.”

It was formed in 2014 after the founder’s son developed significant substance use and addiction issues while in high school. Observing the teens in rehab groups during family sessions, the founder noticed that they had great difficulty opening up about their feelings behind the drug use. The treatment

16

The Docket

facility allowed her to try using her art concept to get through to the teens to help them express themselves and found that there was an instant connection with results that ultimately helped the facility as well as the adolescents.

Art Impact Project partners with mental & behavioral health facilities, schools, after school programs, substance use recovery sites and the Lake County Jail, working in group settings while facilitating their specifically

In the

Director’s Chair

designed art programming.

They serve the participants at each site by supplying all materials and creating the art project with them, providing a safe, non-judgmental and alternative therapeutic program that enhances their partners’ existing treatment programs.

Participants served by Art Impact Project are those in mental and behavioral health and/or substance use treatment, in-school emotional wellness courses, preventative groups for at risk youth, LGBTQ+ groups, residents in a halfway house, and an in-pod program facilitation with female & male inmates in the Lake County jail. All races, religions and cultures are served inclusively in Lake County communities with some overlap into Cook County neighboring communities.

During the COVID pandemic, the Art Impact Project has successfully

BY DALE PERRIN EXECUTIVE DIRECTOR planned out, supplied, assembled and distributed over 4,000 at home mental health care art kits and provided online projects for therapists and run weekly, open to the community, Zoom projects. They are continuing their Impact Exchange Speaker Series through Zoom and have begun partnering with A Safe Place by delivering the at home art kits to victims in shelters. Other collaborative partnerships include Beacon Place in Waukegan, Nicasa Bridge House, Omni Youth Services, North Chicago Community Partners and a Bilingual Summer Explorer Backpack Initiative for 500 families with The Brushwood Center.

Visit: https://www. artimpactproject.org/ THE NINETEENTH JUDICIAL CIRCUIT SELF-REPRESENTED LITIGANTS PROGRAM The Nineteenth Judicial Circuit recognizes that

Self-Represented Litigant Program equal access to the courts through full participation in the judicial process is essential to preserving trust in our legal system.

The Self-Represented Litigant Coordinator works with judges and staff to expand and build upon the court’s SRL services offered by the William D. Block Memorial Law Library and Center for Self-Representation.

The Nineteenth Judicial Circuit recognizes that the fair administration of justice requires courts be accessible to Self-Represented Litigants. In October of 2018 they established a specialized court call for Self-Represented Litigants in the Family Division. As part of this specialized court call, the Court, with the grant money from the Illinois Supreme Court’s Access to Justice Committee, established an Early Resolution Program in partnership with Prairie State Legal Services. Additionally, they received grant money to create a space for the SRL Coordinator and JusticeCorps fellows to meet privately with SRL’s within the Law Library.

The goals of both the SRL Courtroom and Early Resolution programs are to: • Establish a simplified process for SRL cases; • Develop a court call, educational programs, and written materials for SRL cases in conjunction with

other justice partners; • Reduce the number of court appearances and the number of post-dispositional hearings; • Increase education for court users to create reasonable expectations; • Increase efficiency and effectiveness of the court system; • Increase understanding of, and compliance with court orders; • Increase user satisfaction with the court process; and • Provide meaningful access to the court.

The new SRL Coordinator began in March, 2020. The courthouse shut down all but essential services the next day. A full-time SRL Coordinator was needed more than ever to help SRL’s navigate the courthouse remotely.

Since her start date, the SRL Coordinator: • Established a working relationship with the Lake County Bar Association • Recruited and organized volunteer mediators • Continually updated the Nineteenth Judicial website with FAQs on the new temporary procedures and new Administrative Orders • Redesigned the Early Resolution Program to proceed remotely • Assisted mediators and SRL’s in the Zoom breakout rooms for the SRL Family, Probate and Small Claims court calls

• Provided individual Zoom training practice to SRL’s • Tested and will be assigned to manage the chat feature of the Court’s website.

• Managed the JusticeCorps fellow and volunteer attorneys • Managed the Guardianship Help Desk The SRL Coordinator is also tasked with overseeing the Guardianship Help Desk in conjunction with the support of the Lake County Bar Association. It is anticipated that similar help desks will be created in the near future for other cases such as evictions, small claims, and foreclosures.

To enhance and expand these SRL programs, the ability to manage them remotely is essential. Funds received from the AWAH fundraiser will help secure laptops and or mobile devices to assist the Self-Represented Litigant Coordinator and JusticeCorps Fellow to participate in the remote proceedings and offer remote services throughout the courthouse. With these devices they could move freely throughout the courthouse while providing remote services.

It will also allow them to provide these services from home in the event of another shutdown.

Visit: http://19thcircuitcourt.state.il.us/1303/ Center-for-Self-Representation WAUKEGAN TO COLLEGE (W2C) Waukegan to College began in response to an urgent plea from the Waukegan community: “I don’t want my son to be stuck doing landscaping or my daughter working long, hard hours cleaning hotel rooms because they didn’t go to college.”

These Waukegan parents knew they had neither the experience nor expertise to guide their first-generation college bound children on the pathway to college graduation. The school system was equally inadequate to meet their needs.

Waukegan to College was born to answer their plea. They formed in 2009 as a result of a series of listening sessions in Waukegan churches and other local institutions.

The sessions — sponsored by Lake County United — highlighted a universal need and urgent priority to help their sons and daughters get to and through college graduation.

From their 2009 launch with 25 students and one staff member, they have grown to 170 scholars, a full-time staff of seven, and 100+ amaz-

September 2020

17

ing volunteers who work as board members, tutors, and mentors.

Their work helps fill a crucial gap in the financially challenged Waukegan public school system by preparing motivated first-gen students for university admissions and beyond.

They accomplish this through a robust menu of resources and an extraordinarily dedicated corps of volunteers, all devoted to helping

students stay focused on the goal of a four-year degree.

Their programs run broad and deep; they support students as early as 5th grade so they’re always ready for the next level. They take a holistic 1:1 approach with students and their families, preparing them for the academic, financial, social, and psychological realities of a four-year degree program.

They have grown rapidly over

Visit the LCBA Website lakebar.org

Monthly

Committee Meetings

DAY

Bar

Bulletin Board

OFFICE SPACE FOR RENT Size can vary from 100-1000 square feet Parking Available Beginning 11/1/20 16 N. West Street Waukegan, IL 60085 Call: 847-336-7373

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

Criminal Law

VUFN

12:15-1:15

1st Thursday (Even Mo.) 2nd Tuesday 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

3rd Wednesday 3rd Thursday 3rd Thursday

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

18

The Docket

the first ten years, but their direct services still reach a relatively small portion of the Waukegan community. To reach further and fulfill their goal of providing positive cultural change throughout Waukegan, they have developed a suite of community initiatives including: Parents Educating Parents (PEP), College Readiness Texting Initiative (CReaTe), and W2C Ambassadors Visit www.waukegantocollege.org

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.

September 2020

19

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

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

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

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

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