The Docket - February 2019

THE

DOCKET The Official Publication of the Lake County Bar Association • Vol. 26 No. 2 • February 2019

Be My Valentine.

Share the Love.

Give from your Heart.

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Contents THE DOCKET • Vol. 26, No. 2 • February 2019

FEATURES

8 The Ink can Speak. But does it really Testify?

Perhaps not.

BY JEFFREY A. BERMAN

A publication of the

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

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

Back Cover

ONE ISSUE

6 ISSUES

20 The Meeting Minutes December 20, 2018

BY SHYAMA S. PARIKH

22 In the Director’s Chair

Positive Changes

12 Give Back and Give Local

BY DALE PERRIN

BY TIFFANY ALEXANDER

LCBA EVENTS

14 Courts Interpret 4th Amendment Protection to Extend to Vehicles Parked in Driveways & Apartment Doorways

2 3 5 5 7 11 17 18

BY MEGAN MACK

COLUMNS

2 President’s Page A Momentous Time in America’s History

BY BRIAN J. LEWIS, PRESIDENT

4 The Chief Judge’s Page Be My Valentine

The Calendar of Events Doctor-Lawyer Dinner The Grapevine New LCBA Members LCBA Office Space Law Day 2019 Real Estate Conference 25th Annual Family Law Conference 21 Member Reception 24 Monthly Committee Meetings

BY CHIEF JUDGE JAY W. UKENA

6 Bar Foundation The Foundation is Looking Forward to a Philanthropic 2019!

BY JEFFREY A. BERMAN, PRESIDENT

12 ISSUES

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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.

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A Momentous Time in America’s History

A

fter spending the holiday with my wife, Sara, and my daughters Margo and Liza, I returned to the office on January 3 with the normal stress and blues that always resurface when a vacation ends. And then the notifications on my phone and computer starting flooding

2017-18 OFFICERS & DIRECTORS Brian J. Lewis President Stephen J. Rice First Vice President Patricia L. Cornell Second Vice President Joseph M. Fusz Treasurer Shyama S. Parikh Secretary Jennifer J. Howe Immediate Past President Tara R. Devine Torrie M. Newsome Hon. Christen L. Bishop Katharine S. Hatch David R. Del Re Thomas A. Pasquesi

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in -- “Record number of women to be sworn into Congress today!” That, and the alerts that followed throughout the day, put a smile on my face as I reflected on the import of what was about to happen in the history of our country’s politics.

That day, 102 women were sworn into the House of Representatives. That number far surpasses the previous record of eightyfive women serving in the House. The class of 2019 also includes many significant firsts -- Alexandria Ocasio-Cortez (NY) and Abby Finkenauer (IA), both twenty-nine, are the youngest women ever elected to Congress. Deb Haaland (NM) and Sharice Davids (KS) are the first Native American Women elected to Congress and Rashida Tlaib (MI) and Ilhan Omar (MN) are the first Muslim women elected.

Women broke records in the Senate as well. Fifteen women were elected or appointed to the Senate, bringing the total

The

President’s Page

of women senators to a record-breaking twenty-five.

Marsha Blackburn (TN) and Kirsten Sinema (AZ), are the first women ever to represent their respective states in the Senate.

I call that progress. And I’m proud to be part of it and be able to witness it, alongside my wife and daughters.

That night I came home and turned on the TV. Together we watched footage of the swearing-in ceremonies of the amazing women who will lead our country into better times. The footage of Speaker Pelosi’s nineyear old granddaughter jumping up and down every time a vote was cast for her grandmother to be the next Speaker (for a record second time, by the way!) encapsulated the excitement and optimism my family felt as we watched TV that night. Both of my daughters contributed to the moment by talking about important women in US history they

BY BRIAN J. LEWIS PRESIDENT learned about in school just before the vacation.

I’m proud and incredibly optimistic for what the women in Washington will do for us and the generations to come. Their impact was immediate and I’m certain will be long-lasting.

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Calendar of Events

February 14 Sexual Harassment CLE Brown Bag LCBA Office February 22 Real Estate Conference DoubleTree in Mundelein March 21 - Lake County Doctor-Lawyer Dinner Highland Park Country Club April 11-13 Family Law Conference Scottsdale, AZ

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

Thursday, March 21, 2019 Highland Park Country Club 1201 Park Ave. West, Highland Park 5:30 p.m. - 6:30 p.m.

6:30 p.m. - 7:30 p.m.

7:30 p.m. - 8:30 p.m.

Cash Bar Dinner Program

2019 Annual Doctor-Lawyer Dinner This year hosted by the Lake County Medical Society

The Many Faces of ABUSE! Victor Pacini Victor Pacini is a well-respected and recognized expert on the many aspects of abuse. He lectures nationally, on television, and is the author of many books on the subject. In addition he has presented nationally with Dr. Wayne Dyer. His engaging presentations make Victor Pacini one of the most sought after speakers and trainers in this most complex field.

Invited Disscussants:

Earn 1 Hour CLE Professionalism Credit

Dr. Richard Markin, psychologist, Dr. Michael Lubelfeld, Superintendent, School District 112 Mr. James Stamos, Esq., attorney at law Mayor John Dickert A tradition in our community for over 50 years!

Registration fee: $55 per person.

Please make checks payable to the Lake County Bar Association. No refunds after March 15.

SPOUSES AND GUESTS WELCOME! Name: ____________________________________________________________ Guest: ____________________________________________________

Ph: ___________________________________________________ EÇŚMail: ________________________________________________________________ Payment method:

_________ Check Enclosed _______ Visa ______ MasterCard _____ Discover _____ AMEX _____

Card #: _________________________________________________________________ Exp Date: _______________________ CCV #: __________

Billing Address: _______________________________________________________________________ Zip Code: ___________________________

Signature: ______________________________________________________________________________________________________________________ Dinner Choice: ______ chicken limone

______ grilled salmon

______ vegetarian

Return form to: Lake County Bar Association, 300 Grand Ave., Suite A, Waukegan, IL 60085 2019 February

3

Be My Valentine

V

alentine’s Day, also called Saint Valentine’s Day, is the celebration of the feast of St. Valentine observed annually on February 14th. Originating as a western Christian Feast Day, Valentine’s Day was named after one or two early saints named Valentinus. Valentine’s Day is recognized as a significant cultural, religious and commercial celebration of romance in the romantic world and many regions around the globe, although it’s not a public holiday in any country.

In addition, martyrdom stories are associated with various Saints named Valentine connected to February 14th, including St. Valentine of Rome.

While in prison, he performed weddings for those that were forbidden to marry and for ministering to Christians prosecuted under the Roman Empire.

According to legend, during his imprisonment, St. Valentine restored the sight to the blind daughter of his judge and before his execution, he wrote her a letter signed, “your valentine” as a farewell. The identity of the first St. Valentine

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is a disputed question.

There were numerous early Christian martyrs named Valentine. The Valentine of Terni became bishop of Interama and is said to have been martyred during the persecution under Aurelian in 273. He was buried in Valentino Rome.

Another legend suggests St. Valentine performed clandestine Christian weddings for soldiers who were forbidden to marry. The Roman emperor, Claudius II, supposedly forbid this in order to grow his army, believing that a married man did not make a good soldier. However, writer George Mongur writes that this marriage ban was never issued, and Claudius II told his soldiers to take two or three women for themselves after victory over the Goths. According to legend, in order to remind these men of their vows and god’s love, St. Valentine was said to have cut hearts from parchment, giving them to the soldiers and persecuted Christians.

The day first became associated with romantic love within the circle of Geoffrey Chaucer in the

The

Chief Judge’s Page 14th century, when the traditions of chivalry and courtly love flourished. In 18th century England it evolved into an occasion when couples expressed their love for each other by presenting flowers, offering confectionary and sending greeting cards, known as “Valentines.” Spiritually, St. Valentine’s Day is an official feast day in the Anglican communion and the Lutheran church. Many parts of the Eastern Orthodox Church also celebrate St. Valentine’s Day. The earliest descriptions of February 14th as an annual celebration of love appeared in the Charter of the Court of Love, the charter issued

by Charles VI of France in 1400, which describes lavish festivals attended by several members of the royal court including a feast, harmonious songs, poetry, competitions, jousting and dancing.

One of earliest surviving valentines is the 15th century rondeau written by Charles Duke of Orleans to his wife. At the time,

BY CHIEF JUDGE JAY W. UKENA the duke was held in the Tower of London following his capture at the Battle of Agincourt 1450. The earliest surviving valentines in England appears to be the Paston letters written in 1477 by Margery Brewers to her future husband John Paston. Valentine’s Day is also mentioned in William Shakespeare’s Hamlet, in which it said: Tomorrow is Valentine’s Day All the morning be time And I a maid to your window To be your valentine Then up he rose and donned his clothes And dupped the chamber door let in the maid that out a maid Never departed more.

The line “roses are red” initially references Valentine’s Day and appears as far back as Edmond Spencer’s epic, the Faerie Queene.

Esther Holland of Worcester, Massachusetts generally is given credit for starting the Valentine’s Day

in the United States. Her father operated a large book and stationary store and took its inspiration from the English valentines she received from an associate of her father. By the early 19th century, handwritten notes had given way to mass produced greeting cards. In 1868, the chocolate company, Cadbury created fancy boxes and boxed chocolates in the shape of a heart for Valentine’s Day. Valentine’s Day is now celebrated in many East Asian countries such as Singapore, China and South Korea. It is also spread throughout the Latin America, India, Israel and even Iran, although the celebration has been harshly criticized by Islamic teachers who see the celebration as opposed to Islamic culture. Valentine’s Day was introduced the first time in Japan in 1936 where the romantic date associated with Valentine’s Day is celebrated on Christmas

Eve. It has also spread throughout Malaysia, Pakistan, even though in 2017 the Islamabad high court banned Valentine’s Day celebration in public places in Pakistan. In Saudi Arabia they attempted to stop Valentine’s Day by banning the sale of all Valentine’s Day items in stores. However, this simply created a black market for roses and wrapping paper; once again, love wins out.

Welcome

New LCBA Members Attorneys

John Paul Hough The Law Offices of Fedor Kozlov P.C. Marco Martinez Associated Bank Lisa Wisowaty Attorney At Law Matt Custardo Chitkowski Law Offices Bryan Lesser Office of State Appellate Defender Joy Feinberg Boyle, Feinberg Sharma P.C.

The

Grapevine

Salvi, Schostok & Pritchard has promoted Brian L. Salvi and Aaron D. Boeder to Partner.

State’s Attorney Michael Nerheim was elected to serve on the Board of Governors of the Illinois Office of the State’s Attorneys Appellate Prosecutor (ILSAAP). ILSAAP provides support services for the 102 State’s Attorneys throughout Illinois. Its Board of Governors oversees and guides the agency’s Director.

Liliana Dago Lake County Public Defenders Office Laura Milner Lake County Public Defenders Office Christopher Solger Lake County Public Defenders Office Lauren Beth Gash LBG Law and Consulting Parice Hackworth Ray & Glick, LLC Michael Tinaglia Attorney At Law William Gebis Harter & Schottland P.C.

A NOTE OF THANKS

Late last year, I lost my father. It was sudden. I was not ready for him to go.

I had never experienced such a loss.

Perhaps it was a text, email, letter or card, a hug or handshake in the hallway, a donation to SAVE-A-PET, or simple kind words of sympathy; I just wanted to take a moment to say thank you, on behalf of myself and my family.

It helped, immeasurably.

David Del Re

D R D

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

Student Arlondria Borgelt

February 2019

5

The Foundation is Looking Forward to a Philanthropic 2019!

Y

ou have heard and seen me talk about the mission of the Bar Foundation repeatedly – we are the philanthropic arm of the Bar Association.

Through your Bar Foundation, the Lake County Bar works to enhance justice, Board of Trustees Jeffrey A. Berman President Carey J. Schiever Vice President Joann M. Fratianni Secretary Perry S. Smith Jr. Treasurer Melanie K. Rummel Immediate Past President Jennifer L. Ashley Nandia P. Black Patricia L. Cornell Douglas S. Dorando Hon. Fred Foreman (Ret.) Scott B. Gibson Kenneth J. Glick David J. Gordon Keith C. Grant Amy L. Lonergan Fredric B. Lesser Steven P. McCollum Michael G. Nerheim Mark B. Peavey Nicholas A. Riewer Hon. Henry C. Tonigan (Ret.) Hon. Joseph R. Waldeck (Ret.) Brian J. Wanca

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promote fairness, support the disadvantaged, and much more. We provide support in a variety of ways to organizations that enhance our communities.

The Foundation is proud to support through grant funding various organizations that provide access to justice for those in need.

Examples include Court Appointed Special Advocates, which protect the interests of abused and neglected children in the courts; Prairie State Legal Services, which provides free legal services for disadvantaged and low income individuals; Teen Court, which helps first-time juvenile offenders obtain a fair opportunity for a fresh start and a clear record; and the Family Visitation Center of Lake County, which promotes the safety and well-being of families and children who have experienced trauma, violence and abuse.

For more than ten years, the Foundation also has been providing support

BY JEFFREY A. BERMAN PRESIDENT to the Nineteenth Judicial Circuit’s Therapeutic Intensive Monitoring (TIM) Unit, which includes three Specialty Courts: the Mental Health Court, Drug Court, and the Veterans Treatment and Assistance Court. The Foundation also wholeheartedly supports and provides grant funding for the Court’s Veterans History Project and other forms of community outreach endeavors, including the annual High School Mock Trial Invitational competition, Constitution Day commemorations and Law Day observances.

One year ago, the Foundation embarked on a new philanthropic initiative, focused on Youth at Risk and the organizations that work with young people.

In that regard, the Foundation proudly provided grants to two outstanding local organizations – Nicasa Behavioral Health Services

and Words on Wheels, Inc. – whose incredible work coincides closely with both our broad mission and our youth-related initiatives.

As you likely have heard, perhaps repeatedly, the Foundation made a specific commitment to partner during 2018 with another outstanding local, youth-oriented program – Waukegan to College (W2C). As part of that mission, the Foundation held our Gala Fundraiser Casino Night – REBELS WITH A CAUSE – in November.

What a fun and successful night it turned out to be.

We are proud to say the evening raised over $25,000 to support our charitable endeavors, and particularly to provide support for our primary beneficiary, W2C and the at-risk youth it serves.

On January 28 (which is after this column is being

written, but prior to when you will read it), I will have the honor to appear at the W2C Board Meeting to present a Foundation check from the Gala to help support their organization.

These funds will be put to great use to support W2C activities and programming, including: (1) a college entrance examination (ACT) preparation and training program for participating W2C students; (2) an intensive 4-day workshop held during spring break week covering important college and career skills, where students will work on crafting personal statements, researching colleges and scholarships, exploring career options, and more; (3) individual college advising, where participating students will be able to meet individually, for up to an hour, with a professional college counselor; (4) an overnight college visitation trip for 10 students; (5) application boot camp, providing workshops to assist students to prepare college applications; and (6) onsite college interviews, where students will have a chance to meet with representatives of up to 6 schools, and possibly receive acceptances, all in one day.

At our meeting in December, the Foundation Board voted to continue our collaboration and focused efforts to support W2C during 2019. As you may recall from earlier columns, during 2018, among other things, the Foundation was able to: (1) underwrite 50% of the cost for W2C’s then-new college entrance examination preparation and training program (in keeping with the W2C

philosophy, families of the participating students were required to contribute 50% of the expense); (2) present a series of lunchtime interactive events at the LCBA office intended to introduce W2C students to careers in law; (3) participate in an intensive interview preparation session with one of the W2C students, who was getting ready to interview for a national college scholarship; (4) assist with a mock college interviews program, designed to help W2C students prepare for their college entrance interviews; (5) participate in a networking workshop hosted at the LCBA office designed to help W2C students learn the networking skills they would need in college and beyond.

As you probably noticed, many of the ways in which the Foundation has supported W2C was through contributions of time and effort by our members. That will continue to be the case in 2019 as well. As Steve Rice noted in the December edition of the Docket, the energy, enthusiasm, optimism, and just plain goodness of the W2C students is infectious, and the opportunity to work with them is incredibly rewarding. Or, in Steve’s words, “Interacting with them felt a bit like falling in love with humanity again.”

There will be myriad opportunities for you to help.

During the Spring Break College Week workshops, in March, volunteers are needed to work with the W2C students on college and career skills. In August, volunteers will be needed to help work one-on-one

with the W2C students during Application Boot Camp. In October, volunteers will be needed to help W2C students prepare for onsite college interviews.

In addition, tutoring and mentoring volunteer opportunities are always available.

Please consider joining in those efforts this year. You won’t regret it.

The Bar Foundation

is committed to continue its support for all of these efforts. And, of course, there always is more that can be done. With your continuing support, we will be able to achieve that goal. Thank you for all that you have done in the past. And, now, let’s get started on another productive and rewarding year of Lake County Bar philanthropy in 2019!

Your New Office Could be in the LCBA Building

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

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

February 2019

7

The Ink can Speak. But does it really Testify? Perhaps not.

T

BY JEFFREY A. BERMAN

he First District Appellate Court concludes a defendant may make a physical, in-court display of tattoos while otherwise maintaining a Fifth Amendment right to refuse to testify, because a mere showing of tattoos is not testimonial.

Johnny Depp is widely quoted as having remarked: ber, was waiting for a tow truck to arrive to take his van “My body is my journal, and my tattoos are my story.” But to a garage for repairs on the city’s South Side.3 While is that true in the courtroom? A defendant may choose to waiting, the victim saw two men approach and begin testify in his or her defense, or may elect to exercise the looking inside his van.4 One of the two men then tried Fifth Amendment right not to testify; that much is clear. to open the van by reaching inside through a window. 5 The victim, who had been waiting for the tow truck But is there a middle ground where the defendant with his girlfriend in her SUV, then approached the pair, can present evidence of a physical characteristic that thinking they were trying to steal may or may not be exculpatory, such either the van or a stereo from inside.6 as a tattoo, while otherwise mainJeffrey At that point, one of the two men taining the right to not testify? Can Berman, pulled out a gun and fired a total of 10 a tattoo, itself, tell your story? In its of the law to 12 shots at the victim from approxrecent decision in People v. Leonardo firm of Anderson + imately six or seven feet away.7 The Gonzalez,1 the First District Appellate Wanca, has Court concluded the answer to both victim was hit in his right hand three extensive questions is “yes.” times, and also wounded in his leg experience Leonardo Gonzalez was charged and posterior, as he then attempted in complex with attempted first degree murder to flee.8 The two men then ran off, commercial litigation, and aggravated battery with a firearm insurance related to a shooting that took place 3 Id. at ¶¶ 9, 11. and insur2 in 2010. The victim, a gang mem4 Id. at ¶¶ 9, 12. ance coverage litigation matters in 1 2

8

2018 IL App (1st) 152242, --- N.E.3d --(1st Dist. 2018).

2018 IL App (1st) 152242, ¶¶ 1, 9, 49.

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state and federal courts across the country. He presently serves as a member of the Docket Committee.

5 6 7 8

Id. at ¶¶ 9, 12.

Id. at ¶¶ 9, 13.

Id. at ¶¶ 9, 13, 14.

Id. at ¶¶ 9, 13, 14.

and the victim’s girlfriend took him to a hospital.9 While at the hospital, the victim described the two men as Hispanic and as wearing black clothing.10 He did not describe their “shag” hairstyles or mention any tattoos.11 Approximately one month later, he viewed a photo lineup and identified Leonardo Gonzalez, a member of a different gang, as his assailant.12 The next day, he viewed an in-person lineup and also named Gonzalez.13The only evidence placing Gonzalez at the crime scene was the identification from the victim and his girlfriend; there was no corroborating physical evidence.14 Prior to the trial, the State moved to exclude gang evidence.15 The trial court held that if Gonzalez tried to impeach the victim’s testimony with gang evidence, the State would also be permitted to bring in gang evidence.16 On cross-examination at trial, the victim claimed vaguely to remember noticing a tattoo on one of the shooter’s arms when the shooter cocked the gun.17 He also said he did not notice any tattoos on the shooter’s hands.18 He further acknowledged that he had identified the assailant’s haircut as the one Gonzalez wore only at a 2013 photo array identification, years after the event.19 The victim testified he was only two feet away and clearly saw his assailant’s “tattoos and his face.”20 But when again asked about whether he told the police about tattoos, he was equivocal.21 As to the tattoo he vaguely recalled, the victim testified “There was a letter A and some bunny ears on one of the arms.”22 Defense counsel then asked Gonzalez to stand so that the jury could see the conspicuous, “eye-catching and prominent” tattoos on his hands which consisted solely of his daughter’s names.23 The court intervened and called for a sidebar, after which the court ruled “objections sustained.” Then, immediately after the victim described the shooter’s tattoos, defense counsel asked defendant to stand up, and the jury heard the court prohibiting that action

without any explanation.24 Defense counsel argued, in response to a question from the court, that the request was made because the tattoos would have been evident to the victim if he had been as close and had as good a look as he claimed, but which he never mentioned when asked about tattoos by police investigators.25 The court, however, held that doing so would be improper because there would be no way for the prosecution to conduct a cross-examination of the defendant.26 The jury found Gonzalez guilty of attempted first-degree murder and aggravated battery with a firearm.27 He was sentenced to 38 years for attempted murder and 10 years for aggravated battery, to run concurrently.28 In post-trial motions, among other things, Gonzalez argued that the trial court erred in not considering the testimony of two witnesses who would testify that the victim explicitly told them privately that Gonzalez was not the assailant.29 Gonzalez also argued he was improperly precluded from showing his tattoos as evidence without testifying.30 The Appellate Court agreed and reversed his convictions.

On appeal, Gonzalez argued that the trial court erred in barring him from showing his hand tattoos to the jury without subjecting himself to cross-examination.31 More specifically, Gonzalez asserted that barring the jury from considering the prominence, type, and size of his tattoos prevented him from offering a meaningful defense.32 The Appellate Court observed that identification of the defendant was the only real issue at trial, and the only defense raised at trial was misidentification.33 It also noted that the only evidence linking defendant to the offense were the identifications of the victim and his girlfriend, who did not tell the police initially that the shooter had any tattoos.34 As such, the Appellate Court emphasized that the key analytical issue was whether the tattoos’ display was a physical demonstration or whether it was testimonial

Can a tattoo, itself, tell your story?

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

Id. at ¶¶ 9, 14.

Id. at ¶¶ 19, 46.

Id. at ¶ 19.

Id. at ¶¶ 16.

Id. at ¶¶ 16.

Id. at ¶¶ 77, 94.

Id. at ¶ 7.

Id. at ¶ 7.

Id. at ¶ 18.

Id. at ¶ 18.

Id. at ¶¶ 23, 24, 26.

Id. at ¶ 17.

Id. at ¶ 17.

Id. at ¶ 21.

Id. at ¶¶ 21, 59, 87.

24 25 26 27 28 29 30 31 32 33 34

Id. at ¶¶ 21, 66.

Id. at ¶ 29.

Id. at ¶ 29.

Id. at ¶ 49.

Id. at ¶¶ 1, 73.

Id. at ¶¶ 52, 54, 58.

Id. at ¶¶ 54, 59.

Id. at ¶ 77.

Id. at ¶ 77.

Id. at ¶ 77.

Id. at ¶ 77.

February 2019

9

in nature.35 If the former, the court concluded, then the defendant need not face cross-examination in order to display the tattoos to the jury.36 The Appellate Court pointed out that physical demonstrations are traditionally permitted, because they are not testimony.37 It also noted that non-testifying defendants have been required by courts to reveal their tattoos for the purpose of identification.38 It also acknowledged that recent Illinois decisions, and those of other jurisdictions, moreover, suggest a defendant should be allowed to demonstrate or display his tattoos without providing testimony.39 The court further observed that “to permit the [s] tate the right to require a defendant to display some 35 Id. at ¶ 78.

36 Id. at ¶¶ 78, 81.

37 Id. at ¶ 81, citing, inter alia, People v. Warmack, 83 Ill.2d 112, 126 (1980) (“no testimonial compulsion was involved” when the trial court forced the defendant to model certain clothing in front of the jury); People v. Davenport, 301 Ill.App.3d 143, 154 (1st Dist. 1998) (courtroom display of the co-defendant’s gang related tattoos was not testimony, and did not trigger right to cross-examine the prosecution’s witnesses because the co-defendant’s body was used as an exhibit or demonstrative evidence); People v. James, 348 Ill.App.3d 498, 508-09 (1st Dist. 2004) (“a tattoo was not testimonial in nature and the defendant’s Sixth Amendment right to confrontation was not violated where a non-testifying codefendant’s gang tattoos were displayed to the jury”); People v. Hayes, 353 Ill.App.3d 355, 360 (4th Dist. 2004) (no error occurred when the trial court ordered the defendant to walk before the jury in order to demonstrate a limp); People v. Speirs, 231 Ill.App.3d 807, 807-09 (4th Dist. 1992) (no error occurred when the defendant was compelled to show the tattoo on his arm to the jury, after the victim testified that he recalled a tattoo on his attacker’s arm).

38 Id. at ¶ 83, citing People v. Speirs, 231 Ill.App.3d at 811.

39 Id. at ¶ 84-85, citing, inter alia, People v. White, 2017 IL App (1st) 142358, ¶ 36.

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physical characteristic without allowing a defendant the same right to display a physical characteristic would violate that defendant’s right to due process.”40 Accordingly, the Appellate Court held that “a defendant’s right to display a physical characteristic should not be conditioned upon a defendant’s relinquishment of his Fifth Amendment right not to testify.”41 The Appellate Court, thus, held that the trial court erred in denying evidence of defendant’s tattoos.42 Relying on the lack of physical evidence linking Gonzalez to the shooting, and emphasizing questionable techniques used by the police when presenting the photo arrays and conducting in-person lineups, the Appellate Court concluded that the case was, in fact, “closely balanced.”43 As such, the Court concluded that the evidence of the tattoos, and also the testimony from the two additional witnesses who claimed the victim admitted that defendant is not the person who shot at him, could possibly change the result in the case.44 The Court, therefore, reversed and remanded the case for a new trial, where Gonzalez will be permitted to present evidence of his tattoos, along with testimony from the two exculpatory witnesses.45

40 Id. at ¶ 83, citing State v. Martin, 519 So.2d 87, 90-93 (La. 1988) (since defendant could have been compelled by the State to demonstrate any tattoos he had on his body, without violating his privilege against self-incrimination, as display would not be testimonial, defendant was entitled to show his tattoos or lack of them at trial where such display was material, without any cross-examination as to tattoo’s origin); U.S. v. Bay, 762 F.2d 1314, 1315-17 (9th Cir. 1984) (holding that it was error to refuse bank robbery defendant, who did not take the stand, to exhibit to the jury the tattoos on the backs of his hands, where on cross-examination, the teller at the bank testified that she did not remember anything unusual about defendant’s hands except that he had long fingers; the hand display would be relevant to other robbery counts where other tellers saw defendant do things with his hands and handed him money and, when asked what they remembered about the perpetrator’s appearance, specifically including his hands, they did not mention any tattoos on the perpetrator’s hands).

41 Id. at ¶ 85.

42 Id. at ¶ 98.

43 Id. at ¶ 92-97. See also id. at ¶ 105, 108-109.

44 Id. at ¶ 75.

45 Presiding Justice Margaret Stanton McBride specially concurred, stating that she agreed with the decision to reverse and remand for a new trial, for two reasons: (1) the trial court’s denial of defendant’s request to present evidence of his tattoos was an error that was plain; the evidence was closely balanced and defendant has carried his burden of persuasion that the outcome of the trial would probably have been different if he had been allowed to present this evidence; and, (2) the motion for a new trial based upon actual innocence should have been granted. Id. at ¶¶ 105110. According to Justice McBride, it is the combination of these two rulings under the facts and circumstances of this case which undermines confidence in the outcome of defendant’s trial and warrants a reversal and remand for a new trial. Id. Justice Eileen O’Neill Burke dissented, arguing that the trial court was right to exclude the tattoos as no foundation had been laid for presenting them. Id. at ¶¶ 112-129.

February 2019

11

Give Back and Give Local

D

BY TIFFANY ALEXANDER

id you know that nearly 70,000 of our Lake County neighbors struggle with food insecurity?1 Many of my fellow Lake County LCBA members and friends of the bar and bench maintain commitments to the philanthropic and charitable needs within our county. It is one of the characteristics I love most about our community -- the desire to give back right here where many residents within our community need it most.

The Lake County Community Foundation (LCCF) Bank, Nicasa, A Safe Place, YouthBuild Lake County, has served the needs of Lake County for fifteen years, Words on Wheels, Waukegan Public Library, Mother’s focusing much of its efforts on highlighting the wonTrust Foundation, Reading Power, Equestrian Connecderful nonprofit organizations tions, and many more.

Tiffany M. within Lake County that need But Tiffany, you may be asking, Alexander, financial and community support. what is a community foundation? A a managing Yet, LCCF has operated very much community foundation is a tax-expartner at under most people’s radar. Howempt public charity serving people Hoffenberg & Block LLC has ever, in the last 15 years, LCCF has who share a common interest: imalways focused granted more than $5,000,000 to proving the quality of life in a speher entire organizations within Lake County, cific geographic area. A community practice in the many of which you have heard of foundation both accepts donations area of family law. She has and know about, including Prairie and makes grants in an effort to worked with State Legal Services, Waukegan identify and address current comcases such as complex highly-contested to College, Mano a Mano Family munity issues while also anticipatdivorces including corporations and Resource Center, Liberty Prairie ing new ones. The selection of the extensive asset valuation, representing grandparents in paternity cases, and Foundation, Northern Illinois Food grantees requires a thorough vetting simple agreed-upon divorces. She has process. In order to be considered, appeared on routine and contested the prospective grantees must 1 Data Source - Hunger in America 2014 – matters in Cook, Lake, DuPage and Special Report for Lake County, Illinois complete an extensive application, Will Counties in Illinois.

12

The Docket

provide their financial information, and explain how the granted funds will be used. Typically, an on-site assessment is also performed by the staff of LCCF and by a member of the Grants Committee or the Board of Directors of LCCF. Quite often, we as charitable and philanthropic community members get requests for donations from institutions from all over, and it is hard sometimes to feel confident that a donation is going to be put to good use. The vetting process done

by LCCF ensures exactly where those dollars go. LCCF ensures that the money stays in Lake County and goes to a well-run, deserving organization or group within our community that is serving the greatest needs of our fellow neighbors. LCCF currently focuses its efforts on aiding organizations that provide better access to early childhood development, local food systems, animal welfare, and basic human needs, such as access to affordable nutritious food, safe and affordable housing, education, affordable healthcare, and immigration and related legal services support.

LCCF also identifies unserved needs in our community and aims to find local organizations and philanthropic individuals to fill those needs. In 2016, LCCF encouraged and supported the partnership between two nonprofit organizations that were each independently seeking financial support from the Foundation to provide affordable, nutritious food to community members in need. As a result, Liberty Prairie Foundation and Northern Illinois Food Bank created a successful and cohesive partnership to work toward a more streamlined local food system with increased access to fresh foods in underserved communities across Lake County.

On November 10, 2018, many philanthropic Lake County (and even Cook County) residents attended the stART Something Lake County Warehouse Art Party put on by LCCF. Many local artists came to the party not only to show off their work focused on the wonder that is Lake County but also to perform their art right there in the warehouse. The event was filled with local artisans, local food vendors and local musical talent. The highlight of the event was local renowned artist Mark McMahon displaying his newest Lake County painting commissioned by LCCF specifically for the event. The event not only supported LCCF’s Robert F. Reusché Operating Endowment – Lake County’s Forever Fund but also highlighted the organizations that LCCF has partnered with over the last

15 years in an effort to encourage the next generation of donors to become familiar with all that the Foundation has done and can do.

As you determine where to make your donations this year or in the future, please consider the Lake County Community Foundation and all that it does to support our magnificent and diverse Lake County community.

To learn more about LCCF, you can visit the website www.lakecountycf.org, or contact Tiffany M. Alexander, a proud Board member of LCCF and member of the LCBA at talexander@hoffenbergandblock.com. Prints of Mark McMahon’s newest painting, Start Something Lake County, are available for purchase on the Foundation’s website.

Lake County Community

Foundation ensures that the

money stays in Lake County.

February 2019

13

Courts Interpret 4th Amendment Protection to Extend to Vehicles Parked in Driveways & Apartment Doorways

T

BY MEGAN MACK

he case of Collins v. Virginia, 168 S.Ct. 1663, (May 29, 2018), arises from a police search of a motorcycle located in a partially enclosed carport on a driveway adjacent to the defendant’s home.

On two separate occasions, an orange and black and in the same location in the driveway as seen in the motorcycle evaded Albemarle County Police in Virginia Facebook photo. Without a warrant, Rhodes walked during traffic stops for excessive speed. In the course up the driveway to where the motorcycle was parked. of their investigation, Abemarle County officers disHe took a photograph of the tarp over the motorcycle covered that the motorcycle in question was stolen and and then uncovered the tarp. Rhodes discovered the in possession of Ryan Collins. The officers also dissame motorcycle involved in the speeding incident. covered that Collins had posted a picture of an orange He ran a search of the license plate and vehicle identiand black motorcycle parked in the fication number, confirmed that the Megan driveway of a house on his Facemotorcycle was stolen, and phoMack is an book page. Armed with this infortographed the motorcycle before Associate mation, the officers were quickly replacing the tarp. with Ancel able to track down the address of Rhodes returned to his vehiGlink Diamond the house seen in the picture. cle and waited for Collins to apBush One of the investigating offipear. Upon seeing Collins enter DiCianni & cers, David Rhodes, went to the the house, Rhodes approached the Krafthefer. address. It was later established house and questioned Collins about Megan that the house belonged to Collins’ the motorcycle. Collins was later represents a variety of girlfriend, and that Collins stayed charged by a Virginia grand jury for governmental bodies including cities, at that house a few nights a week. receiving stolen property. villages, police departments and At the house, Officer Rhodes Collins filed a pretrial motion to park districts. She concentrates her observed a white tarp covering suppress the evidence that Rhodes practice in municipal prosecutions what appeared to be a motorcycle obtained as a result of the warrantand general civil litigation matters for municipal clients. frame parked at the same angle less search. Collins argued that

14

The Docket

Rhodes investigation included trespassing on the curtilage of his house in violation of his Fourth Amendment rights. The trial court denied Collins’ motion, and Collins was later convicted.

The Virginia Court of Appeals and the Supreme Court of Virginia affirmed the lower court’s opinion and rejected Collins’ claim that the officer’s search violated his Fourth Amendment rights. However, each state court found a different rationale for Rhodes’ actions being lawful under the Fourth Amendment.

The Court of Appeals of Virginia found that although the motorcycle was parked in the curtilage of the home, Rhodes had probable cause to believe that this was the same motorcycle that had evaded him in the past now under the tarp. As a result, “Rhodes’ actions were lawful because numerous exigencies justified both his entry onto the property and his moving the tarp to view the motorcycle and record its identification number.”1 The Supreme Court of Virginia affirmed under the automobile exception of the Fourth Amendment. The automobile exception recognizes that a vehicle has the opportunity to leave while an officer is getting a search warrant. In addition, vehicles that travel on public highways are generally subject to regulation while being operated. When an officer has probable cause to find a motor vehicle was used to commit a violation on a public way, a search of an automobile is justified without a warrant.

In an opinion written by Justice Sotomayor, the United States Supreme Court found, in an 8-1 ruling, that the location where Collins’ motorcycle was parked should be afforded greater constitutional protections.

The area outside of a home where an owner still has a right to privacy is described as the curtilage of one’s property. Courts have held that the curtilage is intimately linked to the home, physically and psychologically, and is entitled to heightened privacy expectations. The Supreme Court found that the driveway where Collins’ motorcycle was parked qualified as curtilage and as a result Collins’ had a greater Fourth Amendment right when his motorcycle was parked there than if it was parked on the street.

The Supreme Court then looked to see if the automobile exception applied to the officer’s warrantless search. However, the Court ruled that there is nothing about the automobile exception that gives an officer

the right to enter a home or its curtilage to access a vehicle without a warrant. The Court went so far as to pose the hypothetical question concerning a motorcycle involved in a traffic accident that was later parked inside the living room of a house and visible through a window to passersby. Could a police officer acting without a warrant enter the house to search the motorcycle and confirm whether it was the same motorcycle involved in the accident? Stressing the absurdity of such a proposition, the Supreme Court emphasized that the reason for prohibiting such a search is that the scope of automobile exception extends no further than the automobile itself.2 With respect to Illinois case law, the Illinois Supreme Court used the same rationale as in Collins when issuing its opinion in the case of People of the State of Illinois v. Derrick Bonilla, 2018 IL 122484. In Bonilla, the East Moline Police Department received a tip that the defendant was selling drugs from his apartment. In response, the officers brought a trained drug-detection dog to the defendant’s apartment building. Bonilla resided in a three-floor building that contained four apartments on each floor. The exterior doors to the apartment building were unlocked.

The drug-detection dog walked through the common areas of the second and third floors without showing interest in anything unusual. However, at the bottom of Bonilla’s door, the dog signaled a positive alert, indicating the presence of narcotics. Officers obtained a search warrant based on the drug-detection dog’s alert. A search of Bonilla’s apartment revealed cannabis.

Bonilla was eventually arrested and charged with unlawful possession of cannabis with intent to deliver.

The trial court granted Bonilla’s motion to suppress, finding that “it would be unfair to say you can’t come up on a person who lives in a single-family residence and sniff his door, but you can go into someone’s hallway and sniff their door if they happen to live in an apartment. That’s a distinction with an unfair difference.” The appellate court affirmed, holding that the common area just outside the door of an apartment constituted curtilage under the U.S. Supreme Court’s opinion in Florida v. Jardines, and the Illinois Supreme

It would be unfair to say you can’t come up on a person

who lives in a single-family

residence and sniff his door.

1

Collins v. Virginia, 65 Va. App. 37, 46, 73 S. E. 2d 618, 623 (2015).

2 Pennsylvania v. Labron, 518 U.S. 938, 940 (1996) (per curiam) (explaining that the automobile exception “permits police to search the vehicle”); Wyoming v. Houghton, 526 U.S. 295, 300 (1999)

February 2019

15

Court’s opinion in People v. Burns.3 In Jardines, police received an “unverified tip” that marijuana was being grown in the defendant’s home.

They subsequently went to the defendant’s home with a drug-detection dog and approached the front porch.

The dog gave a positive alert for narcotics after sniffing at the base of the front door. The police used that alert as a basis to obtain a warrant and later searched the defendant’s residence. That search resulted in the discovery of marijuana plants. The Supreme Court in Jardines held that a warrantless “dog sniff ” of an individual’s front porch was a search for purposes of the fourth amendment and suppressed the evidence.

In explaining its reasoning, the Jardines court stated that “when it comes to the Fourth Amendment, the home is first among equals. At the Amendment’s ‘very core’ stand ‘the right of man to retreat into his own home and there be free from unreasonable government intrusion.’ ”4 The U.S. Supreme Court characterized “the area ‘immediately surrounding and associated with the home’ – what our cases call the curtilage” as “‘part of the home itself for Fourth Amendment 3 Florida v. Jardines, 569 U.S. 1 (2013); People v. Burns, 2016 IL 118973.

4 Jardines, 569 U.S. at 6 (quoting Silverman v. United States, 365 U.S. 505, 511 (1961).

purposes.’”5 Curtilage is intimately linked to the home physically and psychologically and therefore privacy expectations are more heightened and constitutionally protected.

Without a warrant, a police officer may approach a home and knock on the door, wait for someone to answer, and then leave if there is no answer. These are the same rights extended to a private citizen. However, without a warrant, a trained police dog cannot explore the area of the home in the hopes of finding incriminating evidence.

Turning back to the case of People v. Bonilla, upon reaching the Illinois Supreme Court, the State argued that the facts were distinguishable from those at issue in Burns (even though the facts in Bonilla and Burns are nearly identical with the exception that the exterior apartment door at issue in Burns was locked).

Ultimately, the Illinois Supreme Court held that the Fourth Amendment does not differentiate as to the type of home involved. In doing so, the Bonilla court concluded that the threshold of the door to the defendant’s apartment falls within the curtilage of the home: “Were this court to hold that an apartment uniformly lacks fourth amendment curtilage, we would additionally hold that those who live in apartments have less property-based fourth amendment protection within their homes than those who live in detached housing.”6 The Illinois Supreme Court cited the U.S. Supreme Court decision in Collins v. Virginia in support of its finding.

In summary, the Bonilla court applied the same legal principles as in Collins and Jardines: “Just like the front porch, side garden, or area ‘outside the front window,’ “ the threshold of the defendant’s apartment door constitutes “ ‘ an area adjacent to the home and “to which the activity of home life extends” ‘ and so is properly considered curtilage.”7 The Bonilla court also responded to the State’s argument that a good faith exception to the exclusionary rule should apply.

In doing so, the Illinois Supreme Court ruled that the warrantless use of a drug-detection dog at the threshold of the defendant’s home was simply not supported by an objective, reasonably good-faith belief that it was specifically authorized under any United States Supreme Court precedent.8

5 Jardines, 569 U.S. at 6 (quoting Oliver v. United States, 466 U.S. 170, 180 (1984)).

6 Bonilla, 2018 IL 122484, ¶ 27 (quoting Burns, 2016 IL 118973, ¶ 96 (Garman, J., specially concurring)).

7 Bonilla, 2018 IL 122484, ¶ 30 (quoting Collins, 168 S.Ct. at 1667 and quoting Jardines, 596 U.S. at 6-7).

8 Bonilla, 2018 IL 122484, ¶ 40.

16

The Docket

2019 REAL ESTATE COMMITTEE CONFERENCE February 22, 2019 7:30 A.M. - 4:00 P.M.

SCHEDULE OF EVENTS: Friday, Feb. 22, 2019 7:30 am - Continental Breakfast 8:00 am - 3 hours of CLE (8:00 am-11:30 am)

DoubleTree by Hilton Hotel Libertyville-Mundelein 510 E. Route 83, Mundelein, IL 60060

11:30 am - Lunch 12:30 pm - 3 hours of CLE (12:30 -pm-4:00 pm) 4:00 pm - Reception

Register online: www.lakebar.org EARLY-BIRD TUITION (paid by 2/1/19) LCBA Member: Non–Association Member:

________$125 per person ________$200 per person

STANDARD TUITION (paid after 2/1/19 and before 2/22/19) ________$200 per person ________$275 per person

LCBA Member: Non–Association Member: SEMINAR MATERIALS:

_______$25 per packet

Printed & Bound Seminar Materials: (Electronic copies included at no cost w/advance registration) PLEASE REGISTER (Non-Registerd, Walk-In Attendees will be charged 50% more at the Door!)

TOTAL TUITION $ ________

PRINT CLEARLY Name: ______________________________________________________________ ARDC # _____________________ Firm: _________________________________________ Address: __________________________________________ City: ___________________________________________ State: _______________________ ZIP: ________________ TEL: _________________________________ E-Mail: ____________________________________________________ Payment method: □ Check Enclosed □ AmEx □ VISA □ MasterCard □ Discover Card # ___________________________________________________________ Exp Date: ___________ CVC_______ Signature: ________________________________________________________________________________________

Return registration form to:

Lake County Bar Association 300 Grand Ave STE A Waukegan, IL 60085 TEL 847-244-3143 FAX 847-244-8259 February 2019

17

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February 2019

19

Board of Directors’ Meeting December 20, 2018

T

he Lake County Bar Association Board of Directors met at noon on Thursday, December 20, 2018 at its office in Waukegan, Illinois. Present were B. Lewis, S. Rice, P. Cornell, S. Parikh, J. Fusz, J. Howe, T. Devine, T. Newsome, Honorable C. Bishop, K. Hatch, T. Pasquesi, and Executive Director D. Perrin. The meeting was called to order at 12:07 p.m.

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

TREASURER’S REPORT The Association is constantly making adjustments, looking for sources of revenue, and making progress with our financial situation. We continue to be successful in cost cutting measures related to the areas of the IT audit, payroll, accounting fees, and seminar/events.

Membership dues have increased on our financial report based on the carryover of dues from

20 The Docket

the last fiscal year. Additional dues are expected in January, 2019 from the Judges and government employees.

Final monies owed to the Foundation from the Association have been paid.

The holiday party was well attended, despite numerous conflicting events that evening, and the Association saved over $3,000 with the help of Board members contributing towards décor, food, and drinks.

Paper invoices will be mailed to those that have not renewed at this time with the expectation that additional revenue will be generated.

EDUCATIONAL PROGRAM FOR YOUTH OFFENDERS The President and Criminal Law Committee Co-Chair Daniel Hodgkinson continues to work towards developing a program through which youth offenders could have the option to participate in an online educational program that the Association will produce. A videographer has been confirmed that will provide services.

The

Meeting Minutes

BY SHYAMA S. PARIKH SECRETARY

CREDIT CARD FEES FOR MEMBERSHIP DUES Collecting credit card fees for payments paid with a credit card will begin in January, 2019, and will be 4%. The goal is to avoid losing money and not to make a profit. The alternative is for payment to be made via check, instead of credit card.

STAFFING UPDATE The Executive Director continues to contact candidates who applied for the Association’s open position and will attempt to hire someone in mid-January.

There are some challenges related to hours, pay, and finding candidates qualified for the position.

DRIVER’S LICENSE REINSTATEMENT PROGRAM Don Morrison appeared at the Board meeting and reported on the previously discussed Driver’s License Reinstatement

Program. An interest has appeared by some County Board members and there is support by the Judiciary, the Clerk’s office, and local Prosecutors. This Program furthers our mission to provide access to justice and there is a request for the support by the Association. The President has appointed Don Morrison as liaison for the Program with the County. Don will attend meetings to help facilitate the program on behalf of the LCBA and report back to the Board regularly.

EXECUTIVE SESSION A motion was made to move into Executive session at 12:52 p.m., was seconded and motion passed. The Board came out of Executive session at 1:08 p.m.

INFORMATIONAL ITEMS Judicial Selection: The Judicial Selection Committee did not meet since all of the applicants had

already been rated. The process is now complete.

The terms of five (5) members on this committee will expire and President Lewis will fill those positions.

Pro Se Clinic: Jennifer Howe will meet with the Executive Director and call a meeting of the committee. The goal is to set up said clinic in May, 2019.

Ombudsperson: The

by-laws require an Ombudsman to be appointed each year. The Association is considering having two (2) people serve so that there is back up or a stand in.

Seminars/Events: The CLE committee will begin offering brown-bag seminars starting in January. Sponsorships for Seminars/Events have been

tabled to the next meeting.

There will not be a President’s Dinner this fall. The outgoing President will plan the Visionary Awards Dinner once the new President takes over.

Docket: Ideas have been exchanged to make changes regarding production and offering the publication either online or via printing to the members.

A sub-committee will be created to work on this and volunteers will be needed.

Lawyer Referral Service: A committee will be put together to review and market. Stephen Rice will spearhead and is looking for volunteers.

A motion was made and seconded to adjourn, and on passing, the meeting ended at 1:25 p.m.

MEMBER RECEPTION February 28 4:30 - 6:30 p.m.

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

Sponsorship opportunity available for this event.

Contact the LCBA Office at info@lakebar.org for more information.

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

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

•C omplimentary beer and wine. Upgrades available for additional fee.

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

February 2019

21

Positive Changes

E

choing Association President Brian Lewis’ articles these past several months, numerous changes have been made and are in the works to help streamline operations and reduce operational costs, or at the least help control future cost increases.

One such recent change

22 The Docket

was changing the printer of this publication, which will save the organization several thousand dollars over the course of a year.

In addition to saving thousands of dollars, the new publication has color throughout and has a new and improved electronic version. The new E-version allows you to flip

In the

Director’s Chair

pages by clicking on the forward or back arrows.

Additionally, all ads are hyperlinked to the advertisers’ website (for advertisers with a website).

That’s four substantial improvements to the Docket just by changing the printer: 1. Substantial cost savings 2. Improved print quality with color throughout 3. Improved navigation on the electronic version 4. Substantial benefit to advertisers by hyperlinking ads to their website.

If you haven’t checked out the electronic version yet, visit the Association’s website (www.lakebar. org), hover your cursor over “About Us” and click on the Docket link. A link to the most recent Docket will also be included in the weekly E-News.

The readability and quality of The Docket is only as good as the articles submitted to put in it. Arti-

BY DALE PERRIN

cle submissions are encouraged and welcomed from all members. Members are also able to earn CLE’s by submitting articles. Visit the Docket page on the website (see above) for details on submitting articles.

I frequently see the Docket sitting on counters and end tables in many of the law offices I visit. I also frequently hear that members read it (or at least look through it) as soon as it arrives. The Docket’s popularity makes it a tremendous value for advertising.

Rates are extremely affordable, ranging from $1.75 per word for classified ads to $750 for a full-color, fullpage ad on the back cover (prime advertising real estate). Interested advertisers should visit the Docket page on the website or contact the Association office.

We can likely get your ad in next month’s issue.

Stay tuned for more positive changes coming soon.

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February 2019

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Monthly

Bar

Bulletin Board

Committee Meetings

DAY

MEETING

LOCATION

TIME

1st Tuesday

Diversity & Community Outreach

LCBA

12:15-1:15

1 Thursday

Real Estate

Primo, Gurnee

5:30-6:30

Editorial 1st Thursday (Odd Mo.) Docket Committee

LCBA

12:15-1:15

2nd Tuesday

Waukegan Courthouse 12:15-1:15

st

Criminal Law

2nd Tuesday (Odd Mo.) Immigration

LCBA

4:30-5:30

2nd Wednesday

Family Law Advisory Group (FLAG)

LCBA

12:00-1:00

2nd Wednesday

Civil Trial and Appeals

LCBA

4:00-5:00

2 Thursday

Young & New Lawyers

TBD

5:30-6:30

3rd Tuesday

Local Government

LCBA

12:15-1:15

3rd Tuesday

LCBF Board of Trustees

LCBA

4:00

3rd Wednesday

Debtor/Creditor Rights

Varies

5:30-6:30

3rd Wednesday

Family Law

C-105

12:00-1:00

3nd Wednesday

Trusts and Estates

LCBA

12:15-1:15

3rd Wednesday (Odd Mo.) Employment Law

Varies

5:15-6:15

3rd Thursday

LCBA

12:00 noon

nd

LCBA Board of Directors

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

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

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

24 The Docket

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