The Docket - December 2020 by Town Square Publications, LLC

THE

DOCKET The Official Publication of the Lake County Bar Association • Vol. 27 No. 12 • December 2020

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Contents THE DOCKET • Vol. 27, No. 12 • December 2020

COLUMNS 2 President’s Page Ghost of Christmas Past BY PATRICIA L. CORNELL, PRESIDENT

6 The Chief Judge’s Page 19th Judicial Circuit Court Update

A publication of the

BY CHIEF JUDGE DIANE WINTER

8 Bar Foundation Thank You and Happy Holiday! 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

10 Monthly Case Report 16 The Meeting Minutes September 17, 2020

LCBA EVENTS IFC 2020 LCBA Office Rental Pricing 6 New Members 6 Calendar of Events 15 Lawyer Referral Service 17 LCBA Holiday Celebration 19 LCBA Holiday Office Decorating Contest 20 Bulletin Board 20 Monthly Committee Meetings BC Member Reception

BY KATHARINE S. HATCH, SECRETARY

18 In the Director’s Chair Gratitude BY DALE PERRIN, EXECUTIVE DIRECTOR

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

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Reproduction in whole or part without permission is prohibited. The opinions and positions stated in signed material are those of the authors and not necessarily those of the Association or its members. All submitted manuscripts are considered by the Editorial Board. All letters to the editor and articles are subject to editing. Publications of advertisements is not to be considered as an endorsement of any product or service advertised unless otherwise stated.

Ghost of Christmas Past

y the time you read this President’s Page you will likely have had quite a different Thanksgiving. After Halloween this year I was ready to just skip Thanksgiving and jump right into the December holidays. I always believed that Thanksgiving was about being with the people you care about . . . which is a tad bit tricky right now. But the holidays, in my opinion, are about giving, and you don’t have to be in the same location to give something. Holidays are also for having a good time with your friends, loved ones and colleagues. Also, likely impracticable this year. In fact, after much discussion the Board has decided not to attempt to host even a drive-through event because, frankly, we don’t know what the future holds, and we have no idea Hon. Patricia Cornell President what type of situations our Joseph Fusz members have at home. First Vice President However, we do have Tara Devine something up our sleeves Second Vice President so please keep an eye out. Kathleen Curtin I am certain that the most Treasurer celebrated evening of 2020 Katharine Hatch Secretary will be New Year’s Eve – I Stephen J. Rice think we have had all had Immediate Past President enough of 2020. David Del Re I have had a number of Thomas Pasquesi sleepless nights as a result Dwayne Douglas Daniel Hodgkinson of all of this worry about Hon. Jacquelyn Melius the upcoming holidays. In Craig Mandell fact, I have been experienc-

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The

President’s Page

BY PATRICIA L. CORNELL PRESIDENT

ing really odd dreams. After some research it has become apparent to me that it was the Ghost of Christmas Past. I know, weird right? It was the year 1960 and I was taken to the Curtin household where I saw Kathleen as a child with her parents and four siblings! I was delighted at seeing the way Kathleen’s mother decorated the curtain and also the doorway with holiday cards because my grandmother used to do the same thing! I tried to tell Kathleen’s parents what an important part of our Board that Kathleen has been—having gotten our books and so many procedures in place—but they just stared at me. I then traveled with the Ghost to the year 1966, where we entered the Perrin household. The Perrin’s had their three children—Don, Dale and Dana—pose in front of the tree; look at those grins! This visit was also heartwarming to me because I was reminded of

but now the year was approximately 1990. Clearly this was done to embarrass me as I was forced to relive my not-so-awesome hairdo and “bow” looking outfit. When I was told we were leaving I didn’t put up a fuss this time for fear of other compromising photos. We jumped to the year 2011 and I got an up close and personal glimpse into Judge Melius’ wedding photos at Glen Flora! I yelled congrats and “I so appreciate your participation during Board meetings,” but to my disappointment she could not hear me.

my Grandmother’s love for tinsel on the tree (although Dale’s mother clearly understood that the entire tree didn’t have to be completely covered). I tried to thank Dale for applying for the job of Executive Director at the LCBA, but he was too busy laughing and didn’t notice. I was then brought to approximately 1979 or so

and I was once again in my great grandmother’s house on the north side of Jackson Street in Waukegan. Pictured here are my grandparents and me with a very unpleasant face (but you can see that I got the Bionic Woman doll, so I’m sure I was super happy). The Ghost of Christmas Past said that it was time to go and I refused. He was not happy. However, to my delight we stayed in my great grandparent’s house,

The Ghost then took me to North Carolina, and it was the year 2017. There are two things I know about North Carolina: Number 51 on the football team at the University of North Carolina; and that Tom Pasquesi often visits. We show up to some random home and learn that Pasquesi moved to another home. But if I did get to see Tom in my dream, I would have told him that I find his comments, while rare, so very valuable. Bummed about not seeing Pasquesi, the next thing I know I’m in a strange country circa 2019. I ask the Ghost of Christmas Past for our location, but he shrugs at me. I hear Steve Rice asking someone to take a picture because he wants to capture himself in San Miguel de Allende Mexico. I try to thank Steve for all his help as Past President, but he cannot hear me either because he was too busy saying he loves Mexico but began comparing it to Germany—a place he will again venture when he is no longer on the Board.

December 2020

Next thing I know we are in the year 2019 in some weird parking lot. Kat Hatch appears to be telling me to take the picture. I look at the Ghost of Christmas Past and am so confused but she wasn’t talking to me…she had no idea I was there. I wanted to tell her that I have found her comments during board meetings helpful because they always had a different perspective that I would not have thought about.

I am then traveling over what appears to be Chicago and I end up at a bridge by Wacker Drive. I see Dwayne Douglas with his wife and daughter posing for a picture on the bridge with the beautiful lights in the background. I try getting his attention to no avail. I will miss those hearty laughs that Dwayne lets out during meetings. Before I can even think anything further, I’m pretty sure I’m being dragged into Exmoor County Club. Lo and behold I’m looking at Santa, Danny and his family! I tell Danny that I really appreciate that he serves on so many committees and that I love that his sweater matches Bryson’s, but he doesn’t hear me (which is really no different than in real life).

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I have now figured out that we are traveling to each of the Board member’s past holiday festivities. I then find myself somewhere in the middle of a forest. I see a blind approximately 50 feet away. The Ghost of Christmas Past hands me some night vision goggles and I see David Del Re in the blind with a bow and arrow. I know better than to yell because it would upset him. I immediately grab my phone and take a picture (which is completely dark) and I text David: You have been a huge asset to our Board of Directors in many ways and I appreciate all the time you have devoted. I am dragged out of the forest and in a really nice downtown area. It kind of resembles Highland Park. I’m in a basement with no dry wall and lots of pins and I immediately realize I’m in Craig Mandell’s house. I hear Craig’s wife call for him from upstairs because he is needed to change a diaper and he runs up the stairs. On Craig’s chair I see several folders labeled with various committees of the LCBA. I jot down a note and tell him I truly appreciate his dedication and enthusiasm in our organization. I am so tired now and I’m seeing only in black and white. I ask that pushy Ghost if I am losing my vision and he simply rolls his eyes at me. I look closer and I

see our 2nd Vice President with her family in a creative RV scene. I tell Tara Devine that I am grateful another woman is not far behind me and I appreciate her frank demeanor during board meetings. The Ghost says we have to go now because the people involved in the last visit are getting antsy… I enter a family home in Lake County, Illinois. The first thing I see are parents saying “just one more!” The kids are putting up such a fuss but the parents are so patient. And I realize that I am now in the 1st Vice President’s house. I smile. I try to tell Joe that he has the right amount of patience for his upcoming role in the Lake County Bar Association. I also tell him I hope it’s a totally different kind of year for him. The Ghost of Christmas Past yanks on my arm and we are out the door. The last thing I remember is being told I may have two additional visitors. But the next thing I know I’m waking up. I get my cup of coffee and I think

about all the places and people I visited the night prior. It was nice to see all of the Lake County Bar Association Board Members “in person” because we haven’t done that since I have been President. I’m not sure why I didn’t see the Ghost of Christmas Present or the Ghost of Christmas Yet to Come, but I can say that I did realize that while I may not be able to fully control my present or my future, I can try to make the best with what I have. I am grateful I still get to see all of these board members every month - even if it is only by Zoom. I am also grateful that the Lake County Bar Association has attempted to step up during the current pandemic and continue to offer services to our members and the public. I wish all of our members a happy holiday season –

let’s all try to make the most of what we have right now. The Lake County Bar Association is making the best of what it has by creating a photo contest. The hope is a little holiday fun will lighten the spirits of our members. In the e-News and on social media, a notice was sent from the Lake County Bar Association about participating in this photo contest. All that is required is emailing a picture of something you decorated – inside or outside; your office or your residence; or even a snowman. Send your photos to info@lakebar.org and the picture will be placed on social media. Be sure to also follow our Instagram and Twitter. The photo with the greatest number of likes or double taps will win! Remember, only one photo per member so make sure you capture the perfect shot!

Join in the fun and enter the

Holiday Photo Contest Email a picture of something you decorated. Send your photos to info@lakebar.org.

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December 2020

19th Judicial Circuit Court Update

ere we are again. COVID positivity rates are climbing at an alarming pace. In the Spring, we had very few judges or other court personnel exposed or test positive. As I write this Docket page on November 6th, we are stretching to cover five judges isolating due to possible COVID exposure. Some of the judges can conduct their calls from home without access to the files, 2

The

2 0

Calendar of Events

December 2 LCBA Committee Chair’s Mid-Year Meeting 12 – 1 pm December 22 LCBA/LCBF Holiday Virtual Concert 5 pm – 6:30 pm December 24 & 25 Christmas Holiday Courthouse and LCBA Office Closed January 1 New Year’s Day Courthouse & LCBA Office Closed

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others cannot. The staff of the Nineteenth is also down in numbers either from COVID or possible exposure. This is also true of the Clerk’s Office, State’s Attorney, Public Defender, and the Sheriff’s Office. In response to these personnel changes, the justice partners continue to work closely with the Lake County Health Department to develop safety protocols for their employees and the public. Everyone is adhering to the recommended periods of quarantine or isolation. Mark Pfister, the Executive Director and Lea Bacci, our assigned liaison, have been an integral part of the Court’s fact gathering for

Welcome

New LCBA Members ATTORNEYS

Mary Cole Lake County State’s Attorney’s Office Elin Shoback Lake County State’s Attorney’s Office

STUDENTS

Kyle Winston

The

Chief Judge’s Page decisions on court operations and employee welfare in a constantly changing environment. So, for November, and probably until the end of the year, jury trials have been put on pause. But, being ever optimistic, the Nineteenth Judicial Circuit will continue to issue Jury Summonses. Jury Summonses are mailed to prospective jurors five to six weeks in advance of a jury date. So, to avoid delay in restarting jury trials, summonses will continue to be issued weekly, but the jurors will not be called to come to the courthouse. Once the positivity rates drop to acceptable levels, we will call jurors into jury assembly and resume jury trials. Judges will keep counsel advised on the availability of jurors for their trial dates. The Nineteenth Judicial Circuit will welcome Marnie Slavin on December 7th

BY CHIEF JUDGE DIANE WINTER

Marnie Slavin

when she will take the oath of office as the 3rd Judicial Sub-Circuit Circuit Judge. She is busy referring clients and closing up her solo practice. She is looking forward to beginning her judicial training and career. A virtual ceremonial swearing in will be scheduled at a future date and we will keep the bar membership advised. Have a Merry Christmas, Happy Holidays, and so looking forward, I think, to 2021.

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December 2020

Thank You and Happy Holiday!

e just concluded the “Art With A Heart” online auction and I am very pleased to inform you that we achieved better than anticipated results. This was the first time we have 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.)

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done an online fundraiser, and we were not sure what to expect. Because of the generosity of our sponsors, the purchasers of the canvases, and the people who participated in the auction, we were able to raise just under $15,000.00. I would like to thank all of you who were involved, whether as a sponsor, artist, or bidder. I would also like to give a special thanks to Dale and Jose for all of their hard work, which was necessary to make this a success. The three charities that we designated, prior to the auction, to receive the proceeds are: The Art Impact Project, the Self-Represented Litigants Program, and Waukegan-to-College. As I indicated in my prior column, all of the proceeds from the “Art With A Heart” will be given to these charities. Hopefully, our donations will make a difference to the people who receive help from these three charities and possibly brighten their holiday season. Speaking of the holi-

BY NICHOLAS A. RIEWER PRESIDENT day season, I find it ironic how our current society somewhat mimics the classic holiday movies and songs. For example, there is the heartwarming movie, “Miracle on Pennsylvania Avenue” where Little Joey is having a hard time believing until Santa steps in and grants his wish. Then there is the classic holiday song, “We Three Kings”. That is a song about three kings, Donald, Jr., Eric and Jared, who go around the country doing and saying whatever the hell they want. It almost brings a tear to my eye. Who can forget the children’s classic “Joey the Snowman”, the beloved story of Little Joey who becomes coherent once a year and brings joy to just a little over half of the country. Another Christmas classic that can’t be missed

is “Rudy the Red-Nosed Attorney”. It’s the loving story of Little Rudy, the attorney, who really doesn’t know what he wants to do or, in fact, what he’s doing. During this beloved Christmas classic, Little Rudy sings the unforgettable song “Why am I such a Misfit”. Finally, you can’t go through the holiday (or election) season without watching that mischievous, yet classic holiday tale, “How the Grinch Almost Stole the Election”, the classic tale of Little Donald the Grinch trying to steal the joy from just over half of the people in the country. On a more serious note, given the difficult times we are enduring, I hope that you all can find some happiness and a positive outlook during this holiday season. Stay Safe and Healthy!

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December 2020

October & November 2020

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

Illinois Supreme Court – Civil In re Marriage of Zamudio and Ochoa Supreme Court of Illinois, November 21, 2019, 2019 IL 124676, 155 N.E.3d 1096 Background: Wife petitioned to dissolve marriage. The Circuit Court, 14th Judicial Circuit, Whiteside County, No. 14-D-94, John L. Hauptman, J., dissolved marriage and found that husband›s permissive military service credit, which he earned prior to marriage, but purchased with marital funds to enhance his state pension, was not marital property. Wife appealed. The Appellate Court, Holdridge, J., 129 N.E.3d 569, reversed and remanded, and husband appealed. Holding: The Supreme Court, Kilbride, J., held that husband’s permissive military service credit was marital property. Appellate Court judgment affirmed; Circuit Court judgment reversed; cause remanded. ________________________________________________ McCarthy v. Taylor Supreme Court of Illinois, June 20, 2019, 2019 IL 123622, 155 N.E.3d 359 Background: Defendant in action for tortious interference, in which both parties were attorneys who proceeded pro se, moved for sanctions against plaintiff in the form of attorney fees, based on the contention that the action was frivolous. The Circuit Court, Cook County, No. 14 CH 09651, Kathleen M. Pantle, J., dismissed the action and issued sanctions. Plaintiff appealed. The Appellate Court, 423 Ill.Dec. 186, 104 N.E.3d 1275, affirmed the dismissal, affirmed the finding that plaintiff filed a frivolous claim, but reversed the award of attorney fees. Defendant petitioned for leave to appeal. Note: Opinion Modified on Denial of Rehearing, October 1, 2019. Holding: On denial of rehearing, the Supreme Court, Kilbride, J., held as a matter of first impression, that a court is authorized under the rule governing sanctions for frivolous pleadings to impose sanctions in the form of attorney fees against a plaintiff to compensate an attorney defending himself against a frivolous cause of action.

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Affirmed in part, reversed in part, and remanded with directions. Karmeier, C.J., concurred in part, dissented in part, and filed opinion. Garman, J., concurred in part, dissented in part, and filed opinion. ________________________________________________ Accettura v. Vacationland, Inc. Supreme Court of Illinois, September 19, 2019, 2019 IL 124285, 155 N.E.3d 406 Background: Buyers of recreational vehicle (RV) brought products liability action against seller, alleging breach of implied warranty of merchantability and seeking revocation of acceptance, based on alleged defects in the RV’s emergency exit window that allowed water to enter, causing interior and electrical damage. The Circuit Court, Kane County, David R. Akemann, J., entered summary judgment for seller, 2017 WL 11179912, and then denied buyers’ motion for reconsideration, 2017 WL 11179914. Buyers appealed, and the Appellate Court, 2018 IL App (2d) 170972, 112 N.E.3d 1054affirmed. Buyers appealed. Holding: The Supreme Court, Garman, J., held that buyers were not required under the Uniform Commercial Code to give RV retailer an opportunity to cure a defect in the RV before revoking acceptance. Reversed and remanded. ________________________________________________ Yakich v. Aulds Supreme Court of Illinois, October 24, 2019, 2019 IL 123667, 155 N.E.3d 1093 Background: Biological father, who had been ordered to pay 40% of his daughter›s anticipated college expenses, brought an action challenging the Marriage and Dissolution of Marriage Act on Equal Protection grounds. The Circuit Court, Du Page County, Thomas A. Else, J., found the Act violated the Equal Protection clause as applied to father. Mother appealed directly to the Illinois Supreme Court under Supreme Court Rule 302(a)(1), which allows for direct appeals to the Supreme Court in cases in which a statute has been held invalid. Holding: The Supreme Court, Kilbride, J., held that because the trial court’s decision was contrary to existing

Supreme Court precedent on point, it was serious error for the trial court not to apply that precedent and to declare unconstitutional statutory provisions of the Illinois Marriage and Dissolution of Marriage Act on Equal Protection grounds. Judgment vacated, appeal dismissed, and remanded. ________________________________________________ Carmichael v. Union Pacific Railroad Company Supreme Court of Illinois, September 19, 2019, 2019 IL 123853, 155 N.E.3d 386 Background: Employee transport van passenger brought a declaratory judgment action against the van’s owner, seeking a declaration that the owner was legally responsible for the passenger’s damages resulting from a motor vehicle accident, based on a statutory violation. Specifically, plaintiff alleged that the vehicle’s insurance policy did not contain the minimum coverage required by section 8-101(c) of the Illinois Vehicle Code (625 ILCS 5/8-101(c)).The van owner filed a purported counterclaim, alleging that the statute was unconstitutional. The Circuit Court, Cook County, No. 12 CH 38582, Sophia H. Hall, J., dismissed the purported counterclaim, and the passenger voluntarily dismissed the complaint. The van owner appealed. The Appellate Court, 121 N.E.3d 963428 Ill.Dec. 189, affirmed on different grounds. Passenger petitioned for leave to appeal, which was allowed, and the State was granted leave to intervene. Holding: The Supreme Court, Burke, J., held that owner›s counterclaim did not state an independent cause of action or request affirmative relief and thus was not a proper counterclaim. Therefore, dismissal of the purported counterclaim did not give rise to any appeal rights. Vacated and remanded. ________________________________________________

Illinois Supreme Court – Criminal People v. Custer Supreme Court of Illinois, September 19, 2019, 2019 IL 123339, 155 N.E.3d 374 Background: Defendant filed an amended petition for postconviction relief. Following an evidentiary hearing, but before a ruling was entered on the petition, defendant petitioner sent letter to the Circuit Court claiming that postconviction counsel failed to provide him with adequate representation at the hearing by refusing to call defendant’s girlfriend as a witness. Defendant also filed a pro se motion to reconsider the Circuit Court’s ruling on the amended petition even though no

ruling had yet been entered. The Circuit Court, Peoria County, Albert Purham, J., denied amended petition and declined to consider motion for reconsideration. Defendant appealed. The Appellate Court reversed and remanded for ruling on the motion for reconsideration. On remand, following hearing, the Circuit Court denied reconsideration. Defendant appealed. The Appellate Court, 2018 IL App (3d) 160202, 97 N.E.3d 166, reversed and remanded for inquiry into defendant’s pro se claim of unreasonable assistance of postconviction counsel. People petitioned for and was granted leave to appeal. Holdings: The Supreme Court, Kilbride, J., held that: 1. Defendant’s claim that People v. Krankel, 464 N.E.2d 1045, which mandated preliminary inquiry into factual basis for pro se claim of ineffective assistance of trial counsel extended to claims of unreasonable assistance of postconviction counsel was not moot, and 2. As matter of first impression, a Krankel-inquiry into the factual basis for post-trial claim of ineffective assistance of trial counsel did not apply to a claim of unreasonable assistance by appointed postconviction counsel. Judgment of Appellate Court reversed; remanded. ________________________________________________ People v. Austin Supreme Court of Illinois, October 18, 2019, 2019 IL 123910, 155 N.E.3d 439 Background: Defendant was charged with violating statute criminalizing nonconsensual dissemination of private sexual images, or so called “revenge porn.” The Circuit Court, McHenry County, Joel D. Berg, J., granted defendant’s motion to dismiss the charge, finding the statute facially unconstitutional. State filed direct appeal. Holdings: The Supreme Court, Neville, J., held that: 1. Nonconsensual dissemination of private sexual images was not categorically excepted from First Amendment; 2. Statute was subject to intermediate scrutiny under First Amendment; 3. Statute served substantial government interest in protecting privacy of persons who had not consented to dissemination of their private sexual images; 4. Statute was narrowly tailored to serve that substantial government interest; 5. Statute was not unconstitutionally overbroad under First Amendment; and 6. Statute was not void for vagueness as applied to defendant. Reversed and remanded. Garman, J., dissented, with opinion, joined by Theis, J. ________________________________________________

People v. Smith Supreme Court of Illinois, September 19, 2019, 2019 IL 123901, 155 N.E.3d 396 Background: Following simultaneous but severed bench trials, defendant and codefendant were convicted in the Circuit Court, Cook County, Michele M. Pitman, J., of robbery and aggravated battery of a senior citizen. Both defendant and codefendant appealed. The Appellate Court vacated convictions and sentences on the aggravated battery count in both cases, see 2018 IL App (1st) 151311-B, 107 N.E.3d 919, and 2018 IL App (1st) 151312-B, 110 N.E.3d 274, based on violations one-act, one-crime rule. Supervisory orders were issued directing the Appellate Court to reconsider in light of People v. Coats, 2018 IL 121926, 104 N.E.3d 1102. On remand, the Appellate Court reaffirmed its original decision. People petitioned for and was granted leave to appeal. Holdings: Upon consolidation of petitions for appeal, the Supreme Court, Theis, J., held that: 1. Unpreserved one-act, one-crime challenge to separate convictions was reviewable for plain error; 2. Separate convictions and sentences for robbery and aggravated battery of senior citizen were not carved out of same single physical act, namely, punching victim in his side; and 3. aggravated battery of senior citizen was not a lesser included offense of robbery, for purposes of one-act, one-crime analysis. Judgments of Appellate Court reversed; remanded. ________________________________________________ People v. Murray Supreme Court of Illinois, October 18, 2019, 2019 IL 123289, 155 N.E.3d 412 Background: Defendant was convicted in the Circuit Court, Boone County, C. Robert Tobin III, J., of firstdegree murder and unlawful possession of a firearm by a street gang member. Defendant appealed, and the Appellate Court, 419 Ill.Dec. 674, 94 N.E.3d 212, affirmed. Defendant sought leave to appeal, which was allowed. Holdings: The Supreme Court, Neville, J., held that: 1. Under due process, the burden was on the State to prove that the organization of which defendant was a member was a street gang as defined by Streetgang Terrorism Omnibus Prevention Act, in order to support a conviction for unlawful possession of firearm by a street gang member; 2. Expert’s testimony was insufficient to support a verdict that the organization of which defendant was a member was a street gang;

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3. Testimony regarding specific crimes committed by the organization is required to establish that an organization is a street gang as defined by Streetgang Terrorism Omnibus Prevention Act, in order to support a conviction for unlawful possession of firearm by a street gang member; overruling People v. Jamesson, 329 Ill.App.3d 446, 768 N.E.2d 817, and People v. Berrios, 2018 IL App (2d) 150824, 103 N.E.3d 574; 4. Evidence of defendant’s own behavior on day of charged offense was insufficient to support verdict that organization of which defendant was a member was a street gang; and 5. Evidence of defendant’s alleged creation of graffiti, purportedly including gang symbols, was insufficient to support a verdict that the organization of which defendant was a member was a street gang. Reversed in part and remanded with directions. Kilbride, J., specially concurred with opinion in which Karmeier, C.J., joined. Garman, J., filed dissention opinion in which Thomas, J. and Theis, J., joined. ________________________________________________

Illinois Second Appellate District – Civil 3BC Properties, LLC v. State Farm Fire and Casualty Company Appellate Court of Illinois, Second District, July 27, 2020, 2020 IL App (2d) 190501, 156 N.E.3d 626 Background: Employer sued insurer for declaratory judgment to determine coverage under its business owners’ insurance policy, following insurer’s denial of coverage for employee’s intentional falsification of time records leading to a $66,000 overpayment. The Circuit Court, DuPage County, Paul M. Fullerton, J., granted insurer’s motion for summary judgment. Employer appealed. Holding: The Appellate Court, Hutchinson, J., held that policy rider and exclusion indemnifying employer for some losses arising employee’s dishonesty did not cover salaries not earned in the normal course of employment. Affirmed. ________________________________________________ In re Marriage of Onishi-Chong and Chong Appellate Court of Illinois, Second District, February 20, 2020, 2020 IL App (2d) 180824, 153 N.E.3d 1071 Background: Wife petitioned to set aside marital settlement agreement (MSA) based on alleged fraudulent concealment of purported scheme to reduce salary of

husband while their divorce was pending. The Circuit Court, DuPage County, Timothy J. McJoynt, J., granted husband’s motion for summary judgment. Wife appealed. Holdings: The Appellate Court, Michael J. Burke, J., held that: 1. Pretrial memorandum was admissible to establish that if financial advisor and husband’s business partner lied to wife about husband’s income, wife could have discovered such conduct prior to MSA; 2. Memorandum was admissible under rule of evidence governing compromise and offers to compromise to demonstrate wife could have discovered husband’s alleged fraud prior to MSA; and 3. Wife did not exercise reasonable diligence in presenting her motion for relief from judgment. Affirmed. ________________________________________________ West Bend Mutual Insurance Company v. TRRS Corporation Appellate Court of Illinois, Second District, March 01, 2019, 2019 IL App (2d) 180934, 153 N.E.3d 997 Background: Insurer brought declaratory judgment action alleging that it had no duty to defend or indemnify employers in connection with workers’ compensation claim by an employee who was injured in a forklift accident. The Circuit Court of McHenry County. No. 18-MR-798, Thomas A. Meyer, J., granted insurer’s motion for a stay order in Illinois Workers’ Compensation Commission (IWCC) proceeding and entered a continuance order on employers’ motion to vacate the stay order. Employers appealed. Holdings: The Appellate Court, Hutchinson, J., held that: 1. Order providing a continuance on motion to vacate the stay was not reviewable on appeal; 2. Circuit Court was not authorized to stay IWCC proceeding under doctrine of primary jurisdiction; and 3. Circuit Court, rather than IWCC, was the proper venue for dispute over whether insurer was required to indemnify employers workers’ compensation claimant. Reversed and remanded. ________________________________________________ JPMorgan Chase Bank, N.A. v. Robinson Appellate Court of Illinois, Second District, April 13, 2020, 2020 IL App (2d) 190275, 156 N.E.3d 98

Background: Mortgagee brought foreclosure action against mortgagor. The Circuit Court, DuPage County, granted mortgagee›s motion for default judgment. After sale of property, mortgagor filed petition for relief from void judgment. The Circuit Court, Bonnie M. Wheaton, J., granted motions to dismiss filed by bona fide purchaser, her mortgagee, and loan servicer. Mortgagor appealed. Holdings: The Appellate Court, McLaren, J., held that: 1. Special-process-server affidavit did not create jurisdictional defect on the face of the record; 2. Bona fide purchaser protections entitled purchaser’s mortgagee to dismissal; and 3. Bona fide purchaser protections entitled loan servicer to dismissal. Affirmed. ________________________________________________

Illinois Second Appellate District – Criminal People v. Borizov Appellate Court of Illinois, Second District, November 22, 2019, 2019 IL App (2d) 170004, 153 N.E.3d 1038 Background: Following affirmance of conviction for first-degree murder and solicitation to commit murder, 2015 WL 7074697, Hutchinson, J., defendant filed a petition for postconviction relief. The Circuit Court, Du Page County, No. 10-CF-569, Daniel P. Guerin, J., dismissed defendant’s petition. Defendant appealed. Holdings: The Appellate Court, Hutchinson, J., held that: 1. Defendant’s ineffective assistance petition under Post-Conviction Relief Act did not set forth gist of constitutional ineffective assistance claim, and thus could not establish prejudice, as necessary to prove ineffective assistance, and 2. The Circuit Court’s finding that juror was competent to sit on jury at trial for murder and solicitation to commit murder was not against manifest weight of evidence. Affirmed. ________________________________________________ People v. Winston Appellate Court of Illinois, Second District, May 26, 2020, 2020 IL App (2d) 180289, 155 N.E.3d 1125 Background: After pleading guilty to aggravated battery, defendant moved to withdraw her plea. The

December 2020

Circuit Court, DeKalb County, Robbin J. Stuckert, C.J., denied the motion. , Defendant appealed. The Appellate Court remanded to the trial court because defendant’s counsel failed to properly certify compliance with rule requiring consultation with defendant and any necessary amendment to the motion. After defendant’s counsel filed facially valid certificate of compliance, the Circuit Court, Stuckert, C.J., denied defendant’s motion to withdraw plea, and defendant appealed. The Appellate Court, Zenoff, J., 2017 WL 1066694, found that hearing was deficient and remanded. On remand, defendant’s counsel filed another certificate of compliance, and the Circuit Court, Stuckert, C.J., again denied defendant’s motion to withdraw plea. Defendant appealed. Holdings: The Appellate Court, Zenoff, J., held that: 1. Record refuted defendant’s counsel’s certificate of compliance, and thus remand was warranted; 2. Defendant’s counsel was at least arguably deficient by failing to secure the attendance of witnesses and by failing to raise insufficiency of evidence argument in defendant’s motion, thus supporting remand; and 3. Trial court would determine whether or not a hearing would be necessary to determine whether defendant’s allegation of ineffective assistance of counsel showed possible neglect, such as would warrant appointment of new counsel. Vacated and remanded. ________________________________________________ People v. Shipp Appellate Court of Illinois, Second District, June 4, 2020, 2020 IL App (2d) 190027, 155 N.E.3d 1138 Background: Following affirmance of conviction for armed violence, unlawful possession of controlled substance with intent to deliver, and unlawful possession of firearm by felon on appeal, 2012 WL 6967583, defendant filed a petition for postconviction relief, alleging ineffective assistance of appellate counsel. The Circuit Court summarily dismissed, and defendant appealed. The Appellate Court, Birkett, J., 2015 IL App (2d) 130587, 34 N.E.3d 204, reversed and remanded. On remand, the Circuit Court, Stephenson County,

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No. 09-CF-38, James M. Hauser, J., granted defendant’s postconviction petition. State appealed. Holdings: The Appellate Court, Birkett, P.J., held that: 1. The mandate reversing the Circuit Court’s summary dismissal of petitioner’s postconviction claim did not preclude the Circuit Court, under law-of-the-case doctrine, from conducting an independent analysis on remand of whether stop of petitioner leading to his arrest was valid; 2. State did not waive its claim, alleging petitioner’s appellate counsel acted reasonably in not challenging denial of petitioner’s motion to suppress, by failing to raise it on petitioner’s appeal from the Circuit Court’s summary dismissal; and 3. Petitioner created substantial showing of constitutional violation, as required for postconviction relief. Affirmed. ________________________________________________ People v. Johnson Appellate Court of Illinois, Second District, February 20, 2020, 2020 IL App (2d) 170646, 156 N.E.3d 50 Background: Defendant whose conviction and 27-year sentence for first-degree murder were affirmed by the Appellate Court, 368 Ill. App. 3d 1073, 859 N.E.2d 153, on direct appeal, and the dismissal of whose first petition for postconviction relief was also affirmed, filed motion for leave to file a successive postconviction petition, along with the substantive petition. The Circuit Court, Kane County, Divya K. Sarang, J., denied the motion. Defendant appealed. Holdings: The Appellate Court, Seminara-Schostok, J., held that: 1. Provision of truth in sentencing statute requiring offenders to serve first-degree murder sentences without the possibility of parole was not facially unconstitutional, and 2. Provision was not unconstitutional as applied to defendant. Affirmed.

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

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 December 2020

Board of Directors’ Meeting

The

Thursday, September 17, 2020 ACTION ITEMS: 1. Consent Agenda: a. August Minutes - P3 b. August New Members – P6 2. Treasurer’s report: a. August 2020 Financial Report - P7. Motion to Approve August Minutes, Motion passes. Treasurer’s report Discussed, including Projected Decrease in Seminar Income. OLD BUSINESS: 1. Diploma Privilege – Update on law student’s request to be granted Diploma Privilege so they do not have to take the Bar Exam either in person or remotely during the COVID pamdemic. – P18 2. LCBA/LCBF Joint Sub-Committee Update: update based on joint meeting was held on 8/31/20 at 4:00 p.m. Quarterly Meetings will continue to take place between the LCBA executive board and the LCBF executive board. Discussion of LCBF

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Fundraising event taking place in November. 3. Candidate Forum Update: Final details discussed including registration. 4. Social Media Subcommittee Update: looking into acquiring info@lakebar.info to use with social media The main LCBA email will be used for all social media accounts at no extra cost. New Instagram Account created. 5. Pro-Bono Awards Luncheon Speaker: Justice Michael Burke secured. Motion to approve Old Business, Motion Seconded, Motion passes. NEW BUSINESS: 1. Board Meeting and Position Requirements: Discussion Surrounding Expectations for members of the Board of Directors. 2. 2019 990 Tax Return:

Meeting Minutes BY KATHARINE S. HATCH SECRETARY

Review for Board Approval before submitting to IRS – P21. Motion to approve Submission of 990 Tax Return, Motion Seconded, Motion passes. 3. Eliot Pinsel Holiday Gift Drive & LCBA Open House: Update on Eliot’s Gift Drive and the Open House. The Gift Drive will take place this year and the LCBA will continue to be a drop off center for gifts. 4. Wayne Flanigan Award Nominations – 4 nominations for 3 different people received. Community Outreach Committee’s recommendation will be provided at the meeting. – P90 Motion to approve Community Outreach Committee recommendation for Wayne Flannigan award, Motion Seconded, Motion Passes. 5. Foundation Proposed Bylaw Change: The Foundation has proposed to add

the following to their bylaws under Article III, Section 2 – Officers & Directors: “With the consent of the Association President, BOARD MEMBERS PRESENT Hon. Patricia Cornell President Joseph Fusz First Vice President Tara Devine Second Vice President Katharine S. Hatch Secretary Stephen Rice Past President 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

the Foundation Board of Trustees may designate the Foundation Vice President as an ex officio member and liaison to the Association Board of Directors.” Informed of possible LCBF bylaw modification by Executive Director.

Member each year by providing a complimentary LCBA membership.

6. Justice Corps Volunteer Member: Alex Akre Discussed recognizing Justice Corps Volunteer

8. Virtual Coffee Klatch Idea: The Family Law Committee would like the LCBA to host a daily Cof-

7. Executive Director’s Annual Review Timeline: Date of annual review changed to March to coincide with budgeting process.

fee Klatch via Zoom. The Family Law Committee may facilitate a weekly Coffee Klatch virtually and Dale Perrin will send out the zoom link. Motion to approve New Business; Motion Seconded, Motion passes. OTHER MATTERS: 1. Committee Updates: Contact your assigned

committee chair for a report. Each Board Member Provided an Update of their respective Committees. 2. Executive Director Report: Dale Perrin Provided a General Business update for the Board. Motion to adjourn: Motion to Adjurn made at 12:58, Motion seconed, Motion Passes.

Need Some

Holiday Cheer

without the risk of being licked by your fellow attorneys? Then grab a beverage and please join us for a short and entertaining holiday celebration on December 22 at 5:30p.m. Zoom link will be sent via email. There will be: music • poetry • dramatic readings Plus, some entertaining interludes from your fellow judges and attorneys The year is almost over–hooray! Come hang out with your LCBA one last time in 2020!

December 2020

Gratitude

s 2020 comes to a close, thank God, we all hope and pray that 2021 will bring back some normalcy, prosperity, and a healthy and effective vaccine to help put the COVID-19 pandemic in the rear-view mirror. As is commonplace when we begin a new year, many of us reflect on the past year and set some goals, either formally on paper or just mental notes, of things we’d like to do for the new year. Generally, these are things to improve ourselves or to try to make the world around us better. Things like, read more and watch TV less (I swear I will not watch any more Tiger King), exercise more and heat heathy (why did they open that donut shop a block from my office?), reconnect with old friends, volunteer (at the Bar Association) more, donate more money to my favorite charity (like the Bar Foundation), organize my office files or house (clean

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In the out those two junk drawers in the kitchen), or just try to be a better friend, spouse and/or parent (get less frustrated with the kids not completing their schoolwork on time or making loud noises while I’m on a Zoom call). Top on my list for this next year is to get better at, and more consistent with, expressing my appreciation and thanks. Especially to those who volunteer their time, knowledge and funds to the Bar Association and Foundation and help to make these organizations beneficial to all who belong. There are so many people actively involved in our two organizations who I am so grateful for and should publicly thank every day but unfortunately take for granted and forget to say thank you to as one project or event ends and we immediately move on to the next. To all of the Board of Directors and Trustees,

Director’s Chair

Committee Chairs and Co-Chairs, CLE presenters and seminar speakers, Legal advice volunteers, and the many contributors to the various Foundation fundraising events, please know that if you did not receive a personal thank you note from me this year, it is not because I’m ungrateful or thankful for your involvement. It’s because I’m really bad at taking the time to write and send cards or notes. So, the top Resolution on my list this year is to personally thank each and every one of you and let you know how truly grateful and thankful I am for your involvement and participation in our organizations. Let me end this month’s article by thanking everyone who contributed art, sponsored and purchased art for the Foundation’s Art With a Heart fundraiser. A total of 180 pieces of art were

BY DALE PERRIN EXECUTIVE DIRECTOR created and donated, contributing $1,800 to the fundraising event. Eleven businesses and individuals stepped up as sponsors contributing $5,500. 121 of the 142 people registered as bidders won bids for a total of $8,030. Although this year’s Foundation fundraising event lacked the fun and camaraderie of the large gatherings of past galas, it did have tremendous involvement by many individuals, provided tremendous community exposure and was as financially successful as past galas. Special thank you to the event beneficiaries, Art Impact Project, Waukegan to College, and the 19th Judicial Circuit’s Self-Represented Litigant Program for helping to promote the event and the involvement of your staff and volunteers. Happy Holiday to you and your family and Cheers to the New Year.

Holiday Office

DecoratingContest

Decorate Inside Your Office

Send us your photos by

Outside Your Office

All photos will be published on the LCBA Website and Social Media.

Build a Snowman

December 18

Winners will be determined by the number of Likes and Shares.

Decorate Your Yard Build an Igloo Be Creative

December 2020

Visit the LCBA Website lakebar.org

Monthly

Committee Meetings

DAY 1st Tuesday

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

1st Thursday

LOCATION

TIME

Diversity & Community Outreach

Virtual Until Further Notice

12:15-1:15

Real Estate

VUFN

5:30-6:30

Docket Editorial Committee

VUFN

12:15-1:15

2nd Tuesday

Criminal Law

VUFN

12:15-1:15

2nd Tuesday (Odd Mo.)

Immigration

VUFN

4:30-5:30

2nd Wednesday

Family Law Advisory Group (FLAG)

VUFN

12:00-1:00

2nd Wednesday

Civil Trial and Appeals

VUFN

4:00-5:00

2nd Thursday

Young & New Lawyers

VUFN

12:15-1:15

2nd Thursday

Trusts and Estates

VUFN

12:15-1:15

3rd Monday (Odd Mo.)

Solo & Small Firms

VUFN

12:00 noon

3rd Tuesday

Local Government

VUFN

12:15-1:15

3rd Tuesday

LCBF Board of Trustees

VUFN

4:00

Family Law

VUFN

12:00-1:00

LCBA Board of Directors

VUFN

12:00 noon

VUFN

5:30-6:30

VUFN

5:15-6:15

1st Thursday (Even Mo.)

3rd Wednesday 3rd Thursday 3rd Thursday

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

MEETING

As Needed

Debtor/Creditor Rights Employment Law

• RSVP to a meeting at www.lakebar.org. • Meetings subject to change. Please check your weekly e-news, the on-line calendar at www.lakebar.org or call the LCBA Office @ (847) 244-3143. • Please feel free to bring your lunch to the LCBA office for any noon meetings. Food and beverages at restaurants are purchased on a individual basis.

Do you have a speaker idea or suggestion for our business meetings? We would like to hear from you! Send your ideas to: dale@lakebar.org 20 The Docket

December 2020

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