THE
DOCKET The Official Publication of the Lake County Bar Association • Vol. 29 • No. 3 • March 2022
SEE PHOTOS FROM THE SHOW ON PAGE 22
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Contents THE DOCKET • Vol. 29 • No. 3 • March 2022
FEATURES 8 Ten Things I LOVE About Zoom … a Rebuttal BY NANCY CHAUSOW-SHAFER
10 As of January 2022, the Illinois Supreme Court has done it again!
BY ERIN CARTWRIGHT WEINSTEIN
A publication of the
12 The Intersection of the Law, Vaccinations, and Covid-19
BY LISA L. DUNN 300 Grand Avenue, Suite A Waukegan, Illinois 60085 (847) 244-3143 • Fax: (847) 244-8259 www.lakebar.org • info@lakebar.org THE DOCKET EDITORIAL COMMITTEE Jeffrey A. Berman,Co-Editor Hon. Charles D. Johnson,Co-Editor Jennifer C. Beeler Hon. Michael J. Fusz Hon. Daniel L. Jasica Kevin K. McCormick Hon. Raymond J. McKoski Tracy Poulakidas Stephen J. Rice Neal A. Simon Hon. James K. Simonian Rebecca J. Whitcombe Alex Zagor STAFF Greg Weider Executive Director Jose Gonzalez Assistant Executive Director Nancy Rodriguez Receptionist
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16 Amendments to Section 11a of the Illinois Probate Act: A Roadmap for Guardianship Attorneys
BY KATHRYN G. SHORES AND FREDRIC BRYAN LESSER
COLUMNS 2 President’s Page A Hope for Spring
BY JOSEPH FUSZ, PRESIDENT
4 The Chief Judge’s Page Changes To Anticipate
BY CHIEF JUDGE MARK L. LEVITT
6 Bar Foundation The Year is Still Young BY DOUGLAS DORANDO, PRESIDENT
22 Foundation & Committee Minutes 24 The Meeting Minutes January 20, 2022 BY DANIEL HODGKINSON, SECRETARY
26 In the Director’s Chair Executive Director’s View BY GREG WEIDER, EXECUTIVE DIRECTOR
LCBA EVENTS IFC Office Rental Pricing 3 New LCBA Members 3 Calendar of Events 7 Grapevine 9 Installation Social 19 LCBA 2022 Annual Meeting 20 Foundation & Committee Minutes 21 2022 Family Law Virtual Seminar 22 Gridiron 25 2022 Real Estate Virtual Seminar 28 Monthly Committee Meetings BC Member Reception Sponsorship Opportunities
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.
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A Hope for Spring “If we had no winter, the spring would not be so pleasant; if we did not sometimes taste of adversity, prosperity would not be so welcome.”
The
President’s Page
– Anne Bradstreet
W
hile we are not living in the Massachusetts Bay Colony and balancing a Puritan lifestyle with the harsh conditions of
Joseph Fusz President Tara Devine First Vice President Katharine Hatch Second Vice President Kevin Berrill Treasurer Daniel Hodgkinson Secretary Hon. Patricia Cornell Immediate Past President Dwayne Douglas Hon. Jacquelyn Melius Craig Mandell Sarah Raisch Jeffrey O’Kelley Jeremy Harter
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colonial life, as Anne Bradstreet did, the past two years of pandemic life have not been without their shares of hardship and struggle. This month represents the second anniversary of the shutdown of the legal system in Lake County due to the coronavirus pandemic, and the divergent path forward that our lives have taken since then. It has been a difficult time, and we have suffered a tremendous amount of loss over the last 24 months. Loss of the familiar professional surroundings that we experienced in-person at the courthouse; loss of personal interactions with our family, friends and colleagues; loss of civic norms and customary courtesies that have been weathered away by stress, anxiety, and uncertainty
brought on by coronavirus. This says nothing of the death of family and friends due to the pandemic. We truly have faced our share of adversity. Adversity can be a difficult thing to quantify, especially in a profession which is built upon “comparables” and the principles of stare decisis. Tort practitioners often look to the Jury Verdict Reporter for the value of personal injury or medical malpractice cases. Criminal litigators often talk about the “value of a case” based on prior fully negotiated pleas between attorneys or sentences imposed by the judiciary. In family law, legal advice can be given based upon past results and local practice. Therefore, there can be a natural inclination to judge someone’s situation based on another’s experience
BY JOSEPH FUSZ PRESIDENT
However, everyone has unique circumstances when it comes to their pandemic experience. Be it at home or at work, we are not all similarly situated. Moreover, comparing one person’s situation to someone else’s is not fair or equitable to either side. All of us are carrying tremendous responsibilities on our shoulders. Just because it appears that someone is carrying more than you does not mean that your own load to bear isn’t heavy. As one popular Internet image extolls, “Everyone you meet is fighting a battle you know nothing about. Be kind. Always.” That also includes being kind and fair to ourselves in our introspection and self-reflection. It has been a difficult time. But as Thomas Fuller first wrote in 1650,
“It is always darkest just before the day dawneth.” Darkness helps us to appreciate the light, just as adversity helps us to appreciate prosperity. If nothing else, I hope that the pandemic has taught everyone to appreciate the people in their lives, the moments that we are fortunate enough to share with each other, the opportunity to grow and prosper, collectively and in our individual self. There is good reason to hope for prosperity this spring. Like the months of winter weather, the Omicron variant appears to be receding, as reflected by the dwindling COVID
cases. People’s faces have begun to reappear as the formal mask mandates have begun to roll back. With prevalent vaccinations and warmer weather, there is ample reason to hope that we will continue to move forward and make progress toward more in-person events, both in our personal and professional lives. In March, there is plenty to look forward to in the LCBA. The final CLE session in the outstanding GAL Training series will be on March 3rd via Zoom. Furthermore, the 2022 Gridiron Show will be on March 4 and 5 at the Gorton Community Center in
2
Welcome
New LCBA Members
ATTORNEY Matthew Vincent Romano Ben Dillon Lake County State’s Attorney’s Office Lawrence Steingold Law Office of Lawrence Steingold Evan J. Smith Zane D. Smith & Associates Jennifer Tier Feinberg Sharma P.C. Tyler Jon Thut Prairie State Legal Services Inc. Brandon Ethan Peck Peck Ritchey, LLC Robert Edelstein Attorney at Law STUDENT Katelynn M. Blake Kiesha S. Mull
The
Lake Forest, and is always an amazing performance. Additionally, there will be a food drive and cookout hosted by the Community Outreach and Diversity Committee on March 10, and a Brown Bag CLE hosted by the Immigration Law Committee on March 15. Finally, we will be having our Annual Member Meeting on Tuesday, March 22. This event will feature the presentation of the Gideon’s Award and the Justice Robert H. Jackson Award to deserving recipients. Please watch for an email from the Lake County Bar Association soliciting nominations for these two awards, as well
as a detailed description of the criteria and meaning behind them. We welcome all Bar Association members to submit nominations for the Board’s consideration. We may not have realized how fortunate we all were more than two years ago. We have had our taste of adversity and a long winter. But we have an opportunity to begin again, and there is much to look forward to. Here’s hope for much prosperity and a warm spring, and that the change in seasons will also usher in a new chapter of excitement and progress for the Bar Association. Thank you.
2
2 2
Calendar of Events
Community Outreach and Diversity Committee Food Drive and Cookout Thursday, March 10, 2022 4:00 P.M. - 6:00 P.M. LCBA Parking Lot Brown Bag CLE Obtaining a Green Card 1.0 General CLE Tuesday, March 15, 2022 12:00 P.M. Virtual Zoom Annual Meeting Tuesday, March 22, 2022 12:00PM Virtual Zoom Real Estate Seminar Wednesday, March 23, 2022 8:30 a.m. - 12:30 p.m. Virtual Zoom
March 2022
3
Changes to Anticipate
W
elcome to the March edition of The Docket! March means spring, baseball, and most importantly . . . March Madness! This is a time when people come together and root for their favorite college basketball teams. There is nothing more exciting—and daunting—than filling out that precious tournament bracket-and trying to pick The Cinderella Team that could go all the way. March also means a time for news networks to remind us about how much work time is wasted by people following the tournament. With all the change in and around the courthouse it’s hard to imagine any time being wasted. As I mentioned in February, each of our divisions is undergoing change. Many of you are aware of new courtroom assignments for some of our judges. Moves around the courthouse are
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designed to enhance our circuit’s operation by exposing our stakeholders and the public at large to different perspectives. Whether by introducing judges to different divisions or by creating new structural alignments, the changes are intended to improve our organization. Operationally, the circuit benefits when we continually strive to evaluate our needs and match them with the resources we have at our disposal. In this vein, I am interested in both expanding the reach of our specialty courts and aligning our internal structure to address our community’s needs. The history of specialty courts dates to the late 1980s when the first Drug Court was launched in Florida. The court was designed as a response to what was recognized to be a nationwide problem with drug addiction and the concomitant involve-
The
Chief Judge’s Page ment of the criminal justice system. While the criminal justice system is adept at processing and punishing offenders, the idea that proactive steps could be taken to address the root of the problem, rather than dealing with the result, was innovative. The late Judge John Phillips was instrumental in bringing the concept of “specialty courts” to the 19th Circuit. Beginning with our Drug Court in 2005, Judge Phillips was able to assemble a dedicated group of interested stakeholders to address addiction issues that would otherwise have been dealt with in our felony division. Soon thereafter, buoyed by the success of Drug Court, Mental Health Court was formed. Veteran’s Court joined our circuit in 2010 to assist those who have served our nation in the military. In addition, we are now exploring a DUI
BY CHIEF JUDGE MARK L. LEVITT courtroom dedicated to not only handling these cases, but also the underlying addiction that fuels them. This model and the success we have built continues to drive the circuit forward. To continue our progress in identifying ways in which our justice system can improve our service to our community, we have merged two of our divisions and reallocated some of our court resources. The Restorative Justice Division now includes the Juvenile Justice and Specialty Courts. In addition, the division will be tasked with handling all our fitness and expungement proceedings. The division is tasked with handling those cases that have restoration as a critical component and will be headed by Judge Bishop, who will serve as the presiding judge. Judge Bishop brings a wealth of experience to the division. She served as supervising
DC-KP-pubad022022-02_final.pdf 1 2/9/2022 4:31:27 PM
attorney for several years in juvenile court and has extensive experience in all case types handled in the division. She has been assigned exclusively to the specialty courts, most recently serving as the presiding judge of that division. It is my hope that combining these divisions will enhance our ability to serve the community and accelerate our
efforts to reach individuals in need. I believe that the forward-looking objectives of the division will result in successes inside and outside of our courtrooms. There is much to look forward to as we move into spring. Change is all around us. But if I can offer one small bit of advice . . . always trust your gut when you fill out your bracket!
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March 2022
5
The Year is Still Young
A
s you read this, we are now nearly a quarter of the way
BOARD OF TRUSTEES Douglas Dorando President Carey Schiever Vice President Perry Smith, Jr. Treasurer Joan Fratianni Secretary Nicholas Riewer Past President Jennifer L. Ashley Jeffrey A. Berman Nandia P. Black Kristie Fingerhut Hon. Fred Foreman (Ret.) Scott B. Gibson David J. Gordon Keith C. Grant Fredric B. Lesser Amy L. Lonergan Steven P. McCollum Joseph McHugh Hon. Michael Nerheim Michael Ori Shyama Parikh John Quinn, Sr. Eric Rinehart Melanie Rummel David Stepanich Hon. Henry C. Tonigan (Ret.)
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into the new year. The Gridiron has (presumably) been a wild success, replete with inside jokes of questionable taste, and the community can again retire for two years to generate new content to be wildly scandalized by when reminded of the events. Jokes aside, the directors, writers, cast, and crew of the Gridiron put in a tremendous amount of work, and our sincere congratulations and thanks go out to them for bringing some levity to such a serious profession (along with the sordid navel gazing which follows). Although we’re only a quarter of our way into the calendar year, the Foundation is entering the third quarter of its fiscal year. (With that lead-in, I’m sure everyone is waiting with bated breath to see where I’m going . . . or perhaps
BY DOUGLAS DORANDO PRESIDENT turning the page to see the pretty pictures from the aforementioned Gridiron . . . ). As a Board we’ve already had a successful year: we put together our virtual “Breakneck Shakespeare” night, and we’ve continued to partner with local organizations to further the legal commu-
nity’s involvement in our geographic community. As just one such example in the last few weeks, the Foundation partnered with the LCBA, the 19th Judicial Circuit, AWALC, and United Way of Lake County to conduct a book drive for local elementary schools. This is the kind of charitable work that your
dollars support: funding education and books for the next generation of lawyers. The year is still young— both calendar and fiscal. And there are many great events and opportunities to give back to your communities (both legal and geographic) coming in the next few weeks that we will be excited to announce. We hope you’ll keep your eyes peeled for those, and be as excited about participating in them as we are in facilitating them. We also are constantly on the lookout for new grant opportunities and
ways to give back, both in monetary gifts and volunteer assistance. We look to you to let us know of organizations and efforts that you want us to support. Encourage organizations to read about the Foundation and apply for support through our grants page on the LCBA website at https://www.lakebar.org/ page/LCBF_Grants In the meantime, continue giving the Gridiron participants grief for their portrayals of you and your peers, and please consider how you stay involved in your community in 2022.
Visit the LCBA Website lakebar.org
The
Grapevine
Congratulations to Rick Lesser on receiving the Lake County Bar Association Lifetime Achievement Award.
March 2022
7
Ten Things I LOVE About Zoom … a Rebuttal BY NANCY CHAUSOW-SHAFER 1. Savings of time – The most expensive and rare While waiting for my Zoom court appearance, I can work thing we have is time. Once spent, we can never get it back. on other matters at my ‘desk’ in another window on my Zoom allows us to avoid travel time to various court dates screen. I can check emails, return phone calls, review, and and meetings, returning that time to the ‘bank’ to be spent edit documents, while waiting patiently for my turn. On doing things we love rather than spending time in transit. most days, it doesn’t really matter to me how long it takes 2. Savings of money – Not only do I not have to spend the judge to get to my case. Since I am forced to wait, I time traveling back and forth to meetings and court dates, may as well get work done while I sit there. This has been but I am saving on the expenses of getting there and back. great for my productivity. My gas and other car expenses have been reduced signifi5. Reduction of business clothing expenses – In cantly, even driving a hybrid vehicle. In 2020 and 2021, I the ‘before time,’ one daily struggle was what to wear to only filled my gas tank 4 or 5 times total. Also, I had no auto court. I had several suits, and if I was on trial, I needed to repair and maintenance expenses in the last 2 years. carefully consider the wardrobe choices ahead of time so 3. Reduction of client costs – In the interests of I was not caught short and have to repeat the same outfit. “Access to Justice,” having court and bar Horrors). Now with Zoom, no one is meetings remotely eliminates costs to focusing on my wardrobe, and I only Nancy Chauthe client in terms of both time and exhave to look professional in the Zoom sow Shafer is a penses (such as parking). An in-person window (usually only chest up). Good principal in the Highland Park court appearance for status downtown thing, as the ”COVID 19 lbs” is a real IL firm, Sage at the Daley Center may require an thing, and pants with buttons, snaps Counsel, LLC, hour of travel time each way, parking and zippers have been relegated to the concentrating in fees, time spent in the courtroom waitcharity donation box. Matrimonial Law, ing for my client’s case to be called, all 6. Savings on shoes and boots including Litigation, Mediation for only 5 minutes in front of the judge. – since we started with Zoom court inand Collaboration. A focus of her On Zoom, I can login and have my 5 stead of in-person, I barely wear shoes energies is to increase the education minutes with the Court and only spend at all, and if I am not going outside, I of professionals and the public on and charge that amount of time to the don’t need boots and trudging through options for the divorce process and client. the snow or sliding on ice. Shoes are wise (sage) financial decisions. 4. No (or less?) wasted time unnecessary for a Zoom appearance,
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and my feet have enjoyed the freedom. And by the way, I get to wear all the fun, fluffy socks I accumulate and can never wear IRL. 7. Savings on makeup, hair products and other beauty enhancers – who needs all those bottles and tubes when you have “Touch up my appearance” in Zoom. I can change my lipstick color or enhance my brows with a click of the mouse (or actually virtually wear lipstick when I never do IRL). 8. Brush up on my Solitaire or Wordle skills or browse websites while I wait for my case to be called. While I could be doing other work I may get paid for someday by a grateful client, another use of the waiting time on Zoom is some mindless R & R, enhancing my relaxation and mental health, or maybe even finding a bargain I can’t live without. 9. Easier attendance at bar meetings and seminars – On many occasions in the ‘before time’ I would have
every intention of going to Waukegan or downtown for a noontime bar meeting, only to cancel those plans because leaving the office mid-morning to drive there, park, attend the meeting, and then drive back would eat up too much time and energy, not to mention the exhaustion afterwards that would inhibit getting anything else done for a good chunk of the remaining afternoon. Since remote attendance was not possible before 2020 for most of these meetings, I would get lazy or swamped and miss the window to leave in time to make it to the meeting, and then just miss it altogether. Now, I Zoom in just in time and the rest of my day and my efforts can be directed more productively. 10. And the Best Thing About Zoom – we have been able to continue to do our work, have the court system remain open, and provide assistance to our clients while avoiding infection when the country shut down either partially or completely during this awful pandemic.
We have been able to continue to do our work, have the court system remain open, and provide assistance to our clients.
SAVE THE DATE NOW! FRIDAY, JUNE 3
2022 INSTALLATION SOCIAL
Entertainment Provided by Dueling Pianos
Formal Invites to Follow March 2022
9
As of January 2022, the Illinois Supreme Court has done it again!
A
BY ERIN CARTWRIGHT WEINSTEIN
s I am sure that you have heard—the Illinois Supreme Court’s Access to Justice Commission (which includes our own Judge Jorge Ortiz) has been working hard to create a more uniform court system throughout the state.
At present, it is clear from discussions with the circuit clerks throughout the State that there are still some inconsistencies between the counties. But even so, this past year has brought even MORE changes that will help us get closer to homogeneous judicial district and circuit clerk processes. No matter what, the staff at the Lake County Circuit Clerk’s Office will be here to provide all of you with the assistance you need to navigate through the changes. After January 1, 2022,1 the case types went through a revamp — some will be modified, some eliminated, some divided into separate categories, and some new! For your filings submitted in 2022, it is important that you are aware of Erin how it will look after it is entered into Cartwright Weinstein is our system. This article provides an the Circuit overview of that revamp. Clerk for the The Circuit Clerks’ Offices throughNineteenth out the State of Illinois follow guidelines Judicial as set forth by the Supreme Court in the Circuit. Manual on Recordkeeping.2 It was creat1 See Author’s Note, infra 2 Administrative Office of Illinois Courts,
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ed and is frequently modified by the Illinois Supreme Court. Below are a series of tables that show what case types are new, remaining the same, being divided up, or disappearing. The second change is that there will be one case number per filing/event, and each case number will have multiple counts for each allegation. The most significant allegation will establish the case number, and additional counts will be included on the remaining allegations. The hierarchy will be as follows: 1. Civil
a.Chancery b. Miscellaneous Remedy c. Foreclosure d. Eviction e. Law f. Law Magistrate/ Arbitration Manual on Recordkeeping 4th Edition (Jan. 1, 2022), available at: https://ilcourtsaudio. blob.core.windows.net/antilles-resources/ resources/89f29131-2311-4aa8-aa7f2032921bc80a/Manual%20on%20Recordkeeping.pdf
g. Small Claims h. Eminent Domain i. Mental Health j. Probate k. Tax l. Guardianship m. Civil Law 2. Criminal and Traffic a. Criminal Felony b. Domestic Violence c. Driving Under the Influence d. Criminal Misdemeanor e. Major Traffic f. Traffic g. Conservation Violations h. Quasi Criminal i. Ordinance Violation 3. These files are not included in a hierarchy: a. Orders of Protection b. Contempt of Court c. Civil Law Violation d. Miscellaneous Criminal
ogies, would not complete the changes for Lake County’s “civil” filings until February 1, 2022. But the other counties should have been updated on January 1st. In other words, starting on February 1st, the numbering for new case filings filed into a new case category will start over (e.g., 22DC0001, et seq.). Criminal, juvenile, and traffic case types began with the new case categories as planned on January 1st. We welcome these changes, as we welcome all of our legislative and Supreme Court rule amendments. We are here if you have questions, and we will be right there with you! New case types were established to distinguish certain allegations. The new case types are as follows: New Case Type DV (Domestic Violence)
The list of the retired case types and the new case types replacing them are as follows: Current Case Type to be Retired
Additional Information
CF (Felony)
CM (Misdemeanor)
The third change, which will come with Lake County’s new case management system, is the inclusion of the full four-digit year at the beginning of the case number. Author’s Note – After I wrote this article, I learned that the company supporting the E-Filing system, Tyler Technol-
New Case Type to be Implemented
Former Case Type
Additional Information
DN (W/ No Minor Children)
EV (Eviction)
L (Law)
LM (Law Magistrate)
Residential and Commercial Evictions
Includes Emancipation
FC (Foreclosure)
CH (Chancery)
Residential and Commercial Foreclosure
GR (Guardianship)
PR (Probate)
MT (Major Traffic)
TR (Traffic)
Established pursuant to SCR 501(f)(1)(i)
QC (QuasiCriminal)
CM (Misdemeanor)
Includes Petty or Business offenses defined by 730 ILCS 5/5-1, and is not defined under DT, MT, TR or CV.
MX (Miscellaneous Criminal)
MR (Miscellaneous Remedy)
Assigned to civil processes for criminal proceedings. Asset forfeitures, Sealing and Expungement Petitions, Habeas Corpus, Search Warrants and Eaves Dropping
These case types are not being changed: Case Type
DC (W/ Minor Children)
D (Dissolution)
AD (Adoption)
FA (Family)
F (Family)
AR (Arbitration)
JV (Juvenile)
J (Juvenile)
Includes Emancipation
LA (LAW)
L (Law)
New filing will include municipal corporations as parties to a lawsuit as appropriate
PR (Probate)
P (Probate)
GC (Government Corporation)
MC (Municipal Corporation)
A new GC case number shall be assigned for new petitions that are filed. TX (Tax)
TD (Tax Deed)
Operating Under the Influence (OUI)
DUI
Every governmental corporation shall have one permanent case number which will include 1) organizations, 2) appointment of officers, 3) approval of bonds, & 4) routine orders confirming annexation.
Additional Information Will include municipalities that are parties to a lawsuit as appropriate
CM (Misdemeanor) CF (Felony) CH (Chancery) DT (Driving Under the Influence) LM (Law Magistrate) TR (Traffic) SC (Small Claims) ED (Eminent Domain) CL (Civil Law Violations) OV (Ordinance Violations) OP (Order of Protection) CV (Conservation Offenses) CC (Contempt of Court) MH (Mental Health) MR (Miscellaneous Remedy) JA (Juvenile Abuse and Neglect)
Will include OUI (boating DUI), and OUI will be retired. Minor Traffic only
Included Jury Duty No Shows
JD (Juvenile Delinquent)
March 2022
11
The Intersection of the Law, Vaccinations, and Covid-19
T
BY LISA L. DUNN
he family courts, as well as possibly every part of our society, have been hit hard by the global pandemic. The courts have been asked to decide if children should be allowed to spend time with a parent that may be employed in a setting where he or she is more likely to be exposed to COVID-19.
Judges are requested to make decisions regarding The medical community considers this to be a watershed whether a child should travel given potential exposure moment in the COVID-19 pandemic, as it represents an to COVID-19. Additionally, a court might be required to opportunity to protect as many as 28 million Americans opine about whether or not a child should be allowed to from an illness that has claimed the lives of over five miltravel at all if the child would be obligated to quarantine lion people worldwide. upon return and thus be temporarily unable to attend Healthcare providers advocate for getting children in-person school or extracurricular activities. The court vaccinated. The reasons may include: might be asked to rule on whether a child should travel 1. Although COVID-19 in children is usually less seor engage in certain activities if that vere, children can become seriously ill will expose other people in the home and die from the disease. For examLisa L. who are more susceptible to the virus. ple, there were more than 200,000 peDunn is a Furthermore, courts have been asked diatric cases in the month of October partner with the Law to determine if it is in the child’s best 2021 in the United States. Over 700 Offices of interest to enjoin out of state travel. children have died from the disease in Massucci, And, now, the courts are being asked the U.S. through November 2021. Blomquist, to decide if a child should receive the 2. Vaccinating children directly Anderson COVID-19 vaccine. affects vulnerable populations with & Dunn in Arlington As of early-February, 2022, whom they interact. This could inHeights. She the CDC has approved the Pfizer clude grandparents, parents, teachers represents COVID-19 vaccine for children aged and others who may be vaccinated, clients in family and matrimonial 12 and older and recently authorized but could be more susceptible to law matters. the vaccine for children 5-11 years old. serious illness.
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3. The arrival of cold weather and return to more indoor activities, as well as the expected surge of variants, has proven to be the perfect recipe for new COVID-19 cases, particularly for the unvaccinated. 4. The vaccine trials on 5-11 year olds have established that the vaccine is safe and effective. Many medical authorities, including the American Academy of Pediatrics, American Academy of Family Physicians, Mayo Clinic, Centers for Disease Control and Prevention, World Health Organization, and Lurie Children’s Hospital of Chicago, recommend that children receive the COVID-19 vaccine. These recommendations are available as publicly-accessible resources to use if you represent the party who wants the child vaccinated. Some parents may be opposed to getting their children vaccinated. The reasons are varied and tailored to the child’s and family’s specific circumstances. Vaccines are not new to the general population or the courts. The United States Supreme Court in Jacobson v. Massachusetts held that mandatory vaccination programs are constitutional.1 Various statutes require children to be vaccinated in Illinois. For example, students entering 6th and 12th grades must receive the meningococcal vaccine 2. Many Illinois universities require students to receive the meningitis vaccine, including but not limited to University of Illinois 3, Illinois State University 4, and Northern Illinois University 5. The Seventh Circuit Court of Appeals upheld an Indiana University mandate that all students must be vaccinated against COVID-19 unless exempt for religious or medical reasons.6 The Seventh Circuit refused to enjoin enforcement of the mandate pending an appeal. The Court concluded that getting the vaccine is a permissible condition of attending Indiana University and that if a student does not want to get vaccinated, he or she can attend college elsewhere. Each university has the discretion to decide what is necessary to keep its students safe. As of the writing of this article, there have been no Illinois appellate court decisions specifically addressing the
COVID-19 vaccination of minor children. However, that is likely to change. The trial courts have been grappling with this issue since the COVID-19 vaccine was approved for children aged 12 and older. Against this backdrop, let’s consider some factual scenarios and the best way to present your client’s case to a judge: If the case is pre-decree and there has been no determination of medical decision-making, you should ask the court to appoint a guardian ad litem or child representative. The guardian ad litem or child representative, in the course of his or her investigation, should contact the child’s pediatrician. In my experience, pediatricians are usually agreeable to providing a written letter setting forth his or her medical opinion about the necessity for a vaccination. The letter may also include information about the child’s health and whether the child is current in his other mandated vaccinations. In addition to considering a doctor’s recommendation, the other factors the court may consider are: • whether the child has received all other state-mandated vaccines; • whether the child received those vaccines on a timely basis; • whether the child’s school requires the vaccine for attendance or for participation in extracurricular activities; • whether the child has any underlying medical conditions that may affect the decision to vaccinate; • whether one or both of the parents are vaccinated; and • the child’s preferences and a parent’s religious convictions. Generally, in this writer’s opinion, the court should find that in the absence of any legitimate medical or religious issues, a child should be vaccinated. Vaccination will allow the child to fully participate in school, extracurricular activities, and travel opportunities. This is important for a child’s mental and emotional health and well being. Vaccination serves a child’s best interest by protecting her health, fostering her psychological and emotional health, and imparting important social lessons. These include receiving the vaccine to maintain and protect her health for her sake and for those around her. Furthermore, courts tend to rely upon established scientific principles and recommendations from experts,
As part of our representation of clients, we need to inform the court of all the reasons our clients either oppose or are in favor of their child receiving the COVID-19 vaccine.
1 2 3 4 5 6
Jacobson v. Massachusetts, 197 U.S. 11 (1905). 410 ILCS 315/1.10. 110 IlCS 305/21. 110 ILCS 675/20-120. 110 ILCS 685/30-125. Klaassen v. Trs. Of Ind. Univ., 7 F.4th 592 (7th Cir. 2021).
January 2022
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and those experts are recommending the vaccine. Therefore, the court may find that the benefits of immunization outweigh the potential risks to the child. However, the court may take the approach that it is not for it to decide if a child should be vaccinated. In such instances, the court must decide which parent should be allocated the decision-making authority for either medical decisions generally, or more specifically, vaccinations. In a pre-decree case where there is no court ordered decision-making, or there is shared decision-making authority, the parent who wants the child vaccinated should not act unilaterally. If a child receives the COVID-19 vaccine without the other parent’s approval that may leave the vaccinating parent subject to the court’s contempt powers. If you represent the parent who does not want the child vaccinated, you may file a petition for temporary restraining order and preliminary injunction. Once again, if you are the movant, you will need valid religious reasons or medical reasons to convince the court. If your case is post-decree and the parents have shared
Sheriff Idleburg is reinstating the expedited screening process for Lake County private attorneys, effective Monday, February 28, 2022 Attorneys with a 2021-2022 courthouse access pass are authorized to utilize the expedited screening lanes at Lake County Courthouses (Waukegan and branch courts). • This privilege is for members of the Lake County Bar Association who hold a current Courthouse access pass. • Attorneys are required to show their 2021-22 Lake County Bar Association court access pass • We cannot allow exceptions to this rule, even if the attorney is known to security screening staff • If an attorney does not have their Lake County Bar Association court access pass, Monterrey staff will politely ask them to be screened in the general public line • Attorneys may wear their belt and suit coat, sport coat, dress blazer, etc. through the magnetometer • Winter coats, rain jackets, trench coats, etc. will still need to be removed and scanned in the x-ray machine • All pockets should be emptied prior to walking through the magnetometer, items in pockets will need to be screened in the x-ray machine • Should the magnetometer beep, the individual will need to be scanned with a hand-held wand (it is possible the belt buckle could activate the magnetometer) • Should any LCBA member not wish to utilize this benefit, they are under no obligation to do so. Should the expedited lane be temporarily closed at one of the entrances, your membership can still utilize the above outlined process – they just won’t have a separate lane.
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or joint decision-making authority, then the court’s analysis will differ. The court may require both parties to attend mediation. The court may appoint a guardian ad litem or child representative. The court may decline to hear the matter and require a party to file for sole decision-making authority. In Canada, there have been rulings regarding the COVID-19 vaccine. A court in Alberta, Canada found that a father’s desire to keep his children from receiving the vaccine was not in their best interest and ruled that the mother may vaccinate the children without the father’s consent. 7 The father was ordered not to discuss the COVID-19 vaccine or the pandemic in general with the children because the father did not believe the pandemic existed and considered the vaccine “experimental.” The court determined that one of the children suffered from “vaccine anxiety” after receiving false information from his father. The father was ordered not to supply the children with social media or other information about the virus. The mother was given sole decision-making authority with respect to the medical and health related decisions associated with COVID-19 vaccination or treatment, as reported in the December 18, 2021 edition of “Newsweek.”. Does your argument before the court change if you bring an emergency motion requesting a minor child get vaccinated? The answer depends on whether there is truly an emergency. In Cook County, Judge Pamela E. Loza ruled that the request for the child to be vaccinated was an emergency. Judge Loza held that because the child attended a private school and the school required the children to be vaccinated to participate in extracurricular activities, this justified an order that the child get vaccinated. The court considered that the school rules had recently changed, and the motion was brought at the start of the school year. The court also weighed the impact on the child’s education if he was not vaccinated, the impact on the child’s participation in extracurricular activities, the consequences if the child traveled unvaccinated, and the effect of an unvaccinated child on close family members.8 As part of our representation of clients, we need to inform the court of all the reasons our clients either oppose or are in favor of their child receiving the COVID-19 vaccine. Until such time as there is an Illinois appellate court ruling on this issue, we as practitioners need to continue to analyze the issues and be creative and intelligent in our arguments to the court. Lisa L. Dunn is a partner with the Law Offices of Massucci, Blomquist, Anderson & Dunn in Arlington Heights. She represents clients in family and matrimonial law matters.
7 8
TRB v KWPB, 2021 ABQB 997 (Court of Queen’s Bench of Alberta). Thank you to Rebecca Melzer for her assistance and explanation of her representation of the father in this case, Lott v. Lott, 2018 D 3016.
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March 2022
15
Amendments to Section 11a of the Illinois Probate Act:
A Roadmap for Guardianship Attorneys
R
BY KATHRYN G. SHORES AND FREDRIC BRYAN LESSER
ecently, without fanfare or preamble, the General Assembly amended that portion of the Illinois Probate Act which addresses guardianships of persons with a disability. The changes, effective January 1, 2022, are important to the procedure and substance of guardianship appointments, and so attorneys who practice in the field should become familiar with the rules. This article will review the most substantive of the changes, as well as make recommendations for practitioners in the field of guardianship. I. APPOINTMENT OF CO-GUARDIANS Although Illinois courts have regularly appointed two (or more) persons to act as co-guardians for a person with a disability, the Probate Act had never explicitly provided for this possibility. In fact, the Illinois Power of Attorney Act expressly prohibits the nomination of co-agents when using the statutory short form powers of attorney; the Probate Act’s new, express permission for a guardianship court to appoint co-guardians is a diversion from the 1
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755 ILCS 5/11a-5(b-5).
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Kathryn G. Shores is a partner with Lesser Lutrey Pasquesi & Howe LLP, where she focuses her practice on guardianship administration and litigation, as well as all other aspects of estate planning, administration, and litigation. Fredric Bryan (“Rick”) Lesser is the lead name partner in the largest Estate Planning law firm in Lake County. He and his law firm regularly represent guardians as well as alleged disabled people.
related Power of Attorney Act. With the amendment of Section 11a-5 of the Probate Act1, the court’s authority to appoint co-guardians is now clear. The new Section 11a-5(b-5) (2) allows the court to appoint co-guardians to act as “guardian of the person, guardian of the estate, or both the guardian of the person and guardian of the estate,” however, to do so, the court must first make a finding that the appointment of co-guardians is in the best interests of the person with a disability. The Section now specifically requires the court to consider the proposed co-guardians’ history of cooperating and working together on behalf of the person with a disability. The court may appoint co-guardians only after the co-guardians have expressly agreed to serve
together; note that co-guardians may not be appointed where one of the co-guardians is the Office of the State Guardian or the public guardian. In light of these new rules, attorneys seeking the appointment of co-guardians should be sure to tailor their petition for appointment of a guardian to address the mandatory factors the court must now consider. For example, it would be wise to expressly allege facts reflecting the co-guardians’ history of working together and their agreement to serve as co-guardians. In some cases, this may require you to abandon the court-issued form petition, but a wise practitioner should always favor preparing the most appropriate and compelling pleading, even where it may differ from the court’s form. The amended statute requires that the guardians agree to serve together and that they have a history of working well together, but even the most amicable of co-guardians may sometimes disagree. Notably absent from the amended statute is any guidance as to the authority of co-guardians to act independently of one another (e.g., must both co-guardians sign checks for the guardianship estate?), nor does the Act dictate how to proceed if the co-guardians do not agree. When faced with a disagreement, the co-guardians might consider filing a petition for instruction. Attorneys should carefully consider their role in this situation. If the same attorney represents both co-guardians, and the co-guardians cannot agree, the attorney may be forced to withdraw from representing one or both of the co-guardians.
III. REQUIRED NOTICES The recent amendments to the Probate Act also included substantial changes to the statutory notices that must be provided to the respondent (prior to appointment of a guardian) and the person with a disability (after the appointment of a guardian). Appropriately, the changes seem aimed at protecting the rights of respondents and persons with a disability both before and after the appointment of a guardian. In light of the current national conversation regarding the appropriate use of guardianships and conservatorships, the Illinois General Assembly’s attention to protecting the rights of persons with a disability is timely.
II. APPOINTMENT OF SEPARATE GUARDIANS Similar to the appointment of co-guardians, it has long been common practice to appoint separate persons as guardian of the person and guardian of the estate. Although this was arguably already permitted in subsection (b) of Section 11-5, the addition of new subsection (b-5)(1) and additional language in Section 11a-12(d) now makes this power crystal clear.2 Newly added Section 11a-5(b-5)(1) expressly permits the appointment of separate guardians of the person and the estate. As with the appointment of co-guardians, the court must find that appointing separate guardians is in the best interests of the person with a disability; however, unlike with co-guardians, the court need not find that these two guardians will cooperate or
A. S UMMONS AND LIMITED GUARDIANSHIP The first revision to the notice requirement is the statutory summons, which contains the Notice of Rights of Respondent, defined in Section 11a-10(e).3 When a guardian ad litem has been appointed, the guardian must personally serve the respondent with this notice. The guardian ad litem must also advise the respondent orally and in writing of the contents of the petition and the rights outlined in subsection (e). While the substance of the notice of rights is not much changed, a newly-added paragraph (8) advises: “You have the right to ask a judge to find that although you lack some capacity to make your own decisions, you can make other decisions, and therefore it is best for the court to appoint only a limited guardian for you.”4 This
2
3 4
agree to work with one another. The exception, again, is where the Office of the State Guardian or the public guardian is appointed; either entity must agree to the appointment of a separate guardian in the other role. Section 11a-12(d), which addresses the order of appointment, goes on to require that the court’s written order state the factual basis for its findings supporting the appointment of separate guardians. Again, while this practice is not entirely new to guardianship, the procedure is new to the statute. Accordingly, in drafting their petitions for guardianship and orders appointing a guardian, attorneys should be careful to include the required statutory “best interests” element in the petition and include the factual basis for the appointment of separate guardians in the proposed order.
With the amendment of Section 11a-5 of the Probate Act , the court’s authority to appoint co-guardians is now clear.
755 ILCS 5/11a(b-5); 755 ILCS 5/11a-12(d).
Previously defined by Section 11a-11. 755 ILCS 5/11a-10(e).
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addition is the first time a guardian ad litem has been required to advise a respondent that appointment of a limited guardian may be possible. Any attorney practicing in the field of guardianship should not only be aware of limited guardianships5 but should be a champion of their use where appropriate. The Probate Act favors the use of limited guardianships, a concept that effectively balances the freedom of the person with a disability with their need for assistance. In reality, limited guardianships may be underutilized. This may stem from the difficulty of crafting an order that defines the authority of the limited guardian, but attorneys should not shy away from the task of doing so where it means the liberty of a person will be better protected. Guardians ad litem should not only advise the alleged person with a disability of their right to request a limited guardianship but, where suitable, should discuss the parameters of a limited guardianship with the respondent and make appropriate recommendations to the court when limited guardianship is warranted. B. N OTICE OF RIGHT TO SEEK MODIFICATION Newly amended Section 11a makes additions to the statutory Notice of Right to Seek Modification that must be provided to the person with a disability in writing at the time of the appointment of a guardian, either directly or by mail.6 The amended statute now requires that the name of the guardian be included in the notice, which previously was not a requirement. Additionally, the language of the notice is now more informal than the previous version. In addition, a notice of rights must be included, similar to those that were read to the respondent by the guardian ad litem and recited in the summons served upon the respondent. This additional paragraph must state: The court may appoint a Guardian ad litem to investigate and report to the court. You have the right to have a lawyer appointed for you, to have a hearing before the court, to have a jury of six persons decide the facts, to present evidence and tell your story, and to ask witnesses any questions in cross-examination.7 These rights too have been colloquialized for the benefit of the person with a disability. It is difficult to read these required rights and not consider the allegation made by pop star Britney Spears, who said she had no idea until recently that she was entitled to be heard by the court. Courts in Illinois and throughout the nation, along with attorneys as officers of those courts, must do their best to ensure that every person with a disability coming before 5 6 7
18
See 755 ILCS 5/11a-3(b) and 755 ILCS 5/11a-12(b). 755 ILCS 5/11a-19. Id.
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them for guardianship is aware of, and understands, their rights to the best of their ability. A final note on notices: the speed with which local forms committees learn about and update county court forms will inevitably vary. Attorneys would be wise to check the amended statute for the required language before relying solely on a court-issued form. IV. GUARDIAN FEES Next, the amended statute addresses the topic of guardian fees. It has generally been understood that the fees of a guardian are governed by Section 27-1, as are the fees of an executor or administrator.8 Now, however, the fees of a guardian are addressed separately from the fees of a representative in a decedent’s estate. These new directives can be found in two places in the Probate Act: Section 11a-13.5 and Section 27-1.9 Section 13.5 is an entirely new section of the Probate Act. It permits the guardian to collect “reasonable and appropriate” compensation for his services as guardian. The guardian’s fees under this section must be reviewed and approved by the court pursuant to a fee petition. The court must consider the following statutory factors when reviewing a guardian’s fee petition: (1) the powers and duties assigned to the guardian by the court; (2) the necessity of any services provided; (3) the time required, the degree of difficulty, and the experience needed to complete the task; (4) the needs of the ward and the costs of alternatives; and (5) other facts and circumstances material to the best interests of the ward or his or her estate. While it is the first time these factors have been defined by statute, they are not unlike the common law factors courts have been using to determine the reasonableness of fees for many years.10 In Lake County, court approval of the guardian’s and the guardian’s attorney’s fees have been required by Local Rule 5-3.20. Thus, while it is notable that the fees of the guardian are now statutorily regulated, it should not change much in the way that guardians record and collect their fees in practice. Guardianship attorneys will want to update their fee petitions to include this statutory language. And, of course, as always, guardians should be sure to keep detailed, contemporaneous records of their time in support of a future fee petition. Lastly, one substantive addition worth noting is found at the end of Section 11a-13.5, which classifies the fees of the guardian as a first class claim against the estate of a ward or deceased ward. 8 9 10
755 ILCS 5/27-1. 755 ILCS 5/11a-13.5 and 755 ILCS 5/27-1. See, e.g., In re Estate of Halas, 159 Ill.App.3d 818, 832 (1st Dist. 1987).
V. GUARDIANSHIPS & POWERS OF ATTORNEY Finally, the amendments to Section 11a must also be read in pairing with amendments made to the Illinois Power of Attorney Act.11 It is not uncommon for these two statutes to meet in litigation over the construction of a power of attorney or removal of an agent acting under a power of attorney. The new amendments to both acts clarify the procedure for petitioning for guardianship where an existing power of attorney is in place. First, an addition to Section 11a-812 of the Probate Act directs that a petitioner seeking the revocation or construction of a power of attorney, or review of the agent’s conduct, must do so in conformity with the already-existing Sections 11a-17 and 11a-18 of the Illinois Power of Attorney Act. This addition seems to be not so much a substantive change as a procedural roadmap for litigants balancing a petition for guardianship with an existing power of attorney. A second change was made to Section 2-10 of the Power of Attorney Act. This amendment is a bit more substantive than the roadmap provided in Section 11a-8. Specifically, the amended Section 2-10(g) now states that where an existing agent under a power of attorney seeks guardianship of the principal, the agent must specifically 11 11 12
755 ILCS 45/1 et seq. 755 ILCS 5/11a-8. 755 ILCS 45/2-10(g).
identify those powers not already included in the power of attorney for which appointment of a guardian is needed. As an example, this might occur when the agent wants to execute estate planning or gifting documents for the principal but the power of attorney does not expressly permit such actions. In that case, the agent could seek appointment as a limited guardian of the estate for the express and limited purpose of executing proposed estate plan documents on behalf of the principal. Once the documents are executed, the limited guardianship can be closed. Under the newly amended Section 2-10, the agent/petitioner must be specific in his petition as to what authority he requires that the existing power of attorney does not already provide. The final sentence of Section 2-10(g), as amended, is most interesting. It provides, “The petition for temporary, limited, or plenary guardianship of the principal under the Probate Act of 1975 may include a prayer for relief to suspend a power of attorney or to revoke a power of attorney in accordance with subsection (b).” This addition seemingly indicates that filing separate petitions to revoke, suspend, or invalidate a power of attorney, as has traditionally been the practice, may not be necessary. Instead, it may be possible to seek all relief in one filing. A result that would simplify current procedure. These and other minor amendments to Section 11a of the Probate Act became effective as of the start of the year. Probate and guardianship attorneys would be well advised to review them and update their own practices as needed.
LCBA 2022 Annual Meeting (Virtual) Tuesday, March 22, 2022 • 12 Pm The Lake County Bar Association’s 2022 Annual Meeting will be held remotely via Zoom on Tuesday, March 22, 2022, starting at 12:00 p.m. Join the Lake County Bar Association Nominating Committee as they announce the slate of candidates for purposes of electing the LCBA 2022-2023 Board of Directors and Officers and approval of the Lake County Bar Association’s proposed revisions to the LCBA Bylaws. A vote of the membership for the LCBA Bylaws and accepting the below slate will occur at the LCBA Annual Meeting on March 22, 2022, Virtually via Zoom at 12:00 p.m.: 2nd Vice President Daniel Hodgkinson, McCollum Hodgkinson, P.C. Treasurer Kevin Berrill, Lake County State’s Attorney’s Office. Secretary Jeffrey Berman, Anderson + Wanca Directors 3-Year Term Jeremy Harter, Harter & Schottland, P.C. Judy Maldonado, Law Office of Judy K Maldonado Lake County Bar Association Proposed Revised LCBA By-laws You must sign in and register to receive the zoom information
March 2022
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Foundation & Committee Minutes LAKE COUNTY BAR FOUNDATION BOARD OF TRUSTEES MEETING JANUARY 18, 2022
II. APPROVAL OF MINUTES: \The Minutes of November 16, 2021 were presented for approval. Motion to approve the IN ATTENDANCE: minutes was made by Amy BY ZOOM: Lonergan and seconded by Joann Fratianni Mike Ori. Motion carried. Nandia Black John Quinn, Sr. III. TREASURER’S Hon. Fred Foreman (Ret.) REPORT: Jennifer Ashley A. STATUS AND Perry Smith BALANCES OF LCBF Kristie Fingerhut ACCOUNTS: Amy Lonergan Treasurer Perry Smith Joe McHugh reported there is Michael Ori approximately $136,700 Melanie Rummel in our operations fund Rick Lesser account as well as Steven McCollum approximately $94,500 in David Gordon our building fund. We also had a profit from our virtual ALSO IN fundraiser of $9,061.96 ATTENDANCE: with several donations Greg Weider, Executive received since that date. A Director, LCBA, LCBF. Cy Pres award of $43,242.67 was received along with a I. CALL TO ORDER: building pledge donation. Meeting was called The funds in the VET to order by Executive and TIM Court accounts Director, Greg Weider at showed an increase in 4:03 p.m. November and December
Contact the LCBA office for pricing. 847-244-3143 20 The Docket
2021. The funds for the Veteran’s History Project resulted in decrease due to the amount used for the Veteran’s Memorial Service. B. WARRANT/ APPROVAL OF EXPENSES PAID: The Warrants for Expenses for November and December 2021 were presented for Approval. Motion to approve the expenses made by Amy Lonergan and seconded by Rick Lesser. Motion carried. IV. CONTINUING BUSINESS: A. FUNDRAISING SUBCOMMITTEE MEETING: The Virtual Shakespeare event with Timothy Mooney exceeded our expectations of netting over $8,000. Mr. Mooney donated his fee for the event back to the LCBF. We still have some gift baskets and LCBF Logo glasses left over from the event. Net revenue as of December 10, 2021, was $9,061.96. B. BUILDING RENTAL: The Chicago Workers Coalition, a not-for-profit organization is interested in entering into a cost sharing agreement with the LCBF for the use of Unit C. This organization reaches out to minority and underserved communities to assist residents in finding work. We need to verify that this organization
will use the unit for charitable purposes. Motion made by Perry Smith and seconded by Melanie Rummel to allow President Dorando to appoint a committee to develop the cost sharing agreement between the LCBF and The Chicago Workers Coalition. Motion carried. C. LCBF/LCBA BUILDING FUND: President Dorando will set up a committee from our trustees to meet with the LCBA regarding this issue. D. PROPERTY TAX EXEMPTION: Amy Lonergan reported that we are still awaiting a decision on our taxexempt status. We still need to complete an application for the 2022 tax year and also complete an annual certificate of status. V. NEW BUSINESS: A. CY PRES AWARD: The LCBF received $43,242.67 on December 14, 2021, from a Cy Pres Award as noted in the Treasurer’s Report. VI. ADJOURNMENT: A Motion to Adjourn was made by Steve McCollum and seconded by Mike Ori. Motion carried and the Meeting adjourned at 4:26 p.m. Respectfully submitted, Joann M. Fratianni Secretary
March 2022
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MARCH 4–5, 2022
Board of Directors’ Meeting
The
January 20, 2022 CONSENT AGENDA • Minutes • New Members A motion was made and seconded to approve the consent agenda. The motion was unanimously approved. DISCUSSION ITEMS • Treasurer’s Report Discussion continued about accounting. The Bar is right on track for another positive year, even with continued pandemic issues. There have not been any unexpected expenses.
BY DANIEL HODGKINSON SECRETARY Membership should keep an eye out for emails if they believe that they may be delinquent in dues. OLD BUSINESS: Finance Committee Update Estimates are being given for Quickbooks and bidding out additional firms to handle the Bar accounting. Discussion was had concerning the need for four quarterly review reports. Bylaws Committee Jeff O’Kelley lead a
FREE CLE DISCOUNTED CLE BUSINESS MEETINGS LAWYER REFERRAL SERVICE COMMITTEE MEMBERSHIP THE DOCKET & WEEKLY E-NEWS
24 The Docket
Meeting Minutes
discussion concerning the Bylaw Committee submitting the changes as a policy or a bylaw amendment. New Business: Board Nominations Discussion was had concerning board nomination process and that an email will be going out requesting nominations. Spring Events: Discussion was had concerning the spring slate of events being in person or via Zoom. That will be left to the current state of the pandemic at the time of the specific events. Gridiron Update The rehearsals are going very well. Executive Director Report Discussion was had concerning the Doctor Lawyer Dinner. Due to the pandemic, there will not
be a dinner. There has been a slight uptick in membership.
BOARD MEMBERS PRESENT Joseph Fusz President Tara Devine First Vice President Kevin Berrill Treasurer Daniel Hodgkinson Secretary Katharine S. Hatch Second Vice President Hon. Patricia Cornell Past President Dwayne Douglas Director Craig Mandell Director Hon. Jacquelyn Melius Director Jeremy Harter Director Jeff O’Kelley Director Sarah Raisch Director Greg Weider Executive Director
2022
REAL ESTATE VIRTUAL SEMINAR March 23, 2022 8:30 a.m. - 12:45 p.m. Virtual- Zoom 3.75 CLE Including 1 hr ethics/mental health credt LCBA MEMBER PRICING $75 The Mindful Attorney Dr. Diana Uchiyama, Illinois Lawyers’ Assistance Program Title Claims: Avoidance and Defenses Nicholas Iarocci, Corporate Counsel, Liberty Title The DS-1 Disclosure of Financial Interest Form Hank Shulruff, Senior Vice President, ATG Survey Review Dick Bales, Underwriter, Proper Title Gone Phishin'? Cyber Fraud Update Irene Chase, Senior Underwriter, Chicago Title Update of 2022 IL Real Estate Laws Martin Cann, Underwriter, First American Title Insurance Company
March 2022 25
“The show must go on!”
I
am not sure if it was Freddie Mercury or The Phantom of the Opera who said it first, but no truer words have been spoken. For decades the Gridiron has been a Lake County Bar Association tradition. Since the closing of the last show Lake County, our Nation and the entire world has been wrestling with an unprecedented public health emergency. It has required us to isolate and disconnect changing every aspect of our personal and professional lives. Twenty-four months later we are
Visit the LCBA Website lakebar.org
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all in desperate need of a good laugh and night out with friends. First and foremost, I would like to thank our directors Craig Mandell and Stella Day for their “the show will go on” attitude. While Omicron was pushing the positivity numbers skyward our fearless directors engaged the Gridiron writing team and moved the show forward. I have great regard for their professionalism and passion. They looked adversity in the face and with a satirical smile and a lampooning stare
In the
Director’s Chair
said…“bring it on”. I would like to recognize the cast. Dedicated legal professionals by day, champions of the comedic parody by night. I appreciate their sacrifice of multiple evenings of rehearsals. Taking the time away from family and career to add their talents to the show. I have witness firsthand creative tensions, collaborative frustrations, and a genuine bond between cast members as they work to put on an outstanding show. A special thank you to our tech crew, the band, and our costume maven. There could be no show without their efforts. Thank you to our playbill sponsors and those who contributed to “Feed the Cast”. Your generosity has made all the difference. Thanks to Steve Rice for championing the playbill and all his extra efforts in helping us make things happen. I would also like
BY GREG WEIDER EXECUTIVE DIRECTOR to recognize Jose Gonzales and Nancy Rodriguez. Many of their behindthe-scenes efforts are not always noticed at first glance but they play a vital role in making the show a success. I have heard about the Gridiron since the first day I walked through the doors at 300 Grand Avenue. Three hundred and fifty-nine days later I am filled with anticipation for my first show. I am a fan of satire and enjoy a well performed musical number. The thing I find most amazing about this endeavor is that it is 97.4% volunteer driven. The cast and crew did not have to be part of the show. They chose to be. The Gridiron is not just about funny jokes and catchy tunes. It is about service and community. It is about celebrating a noble profession and the women and men who work tirelessly to provide justice for all.
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
March 2022 27
Monthly
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DAY
GO TO
WWW.LAKEBAR.ORG FOR THE MOST UP-TO-DATE CALENDAR INFORMATION
Bar
Bulletin Board
To place an ad or for information on advertising rates, call (847) 244-3143
MEETING
LOCATION
TIME
1st Tuesday
Diversity & Community Outreach
Virtual Until Further Notice
12:15-1:15
1st Thursday
Real Estate
VUFN
5:30-6:30
Docket Editorial Committee
VUFN
12:15-1:15
2nd Tuesday
Criminal Law
VUFN
12:15-1:15
2nd Tuesday (Odd Mo.)
Immigration
VUFN
4:30-5:30
2nd Wednesday
Family Law Advisory Group (FLAG)
VUFN
12:00-1:00
2nd Wednesday
Civil Trial and Appeals
VUFN
4:00-5:00
2nd Thursday
Young & New Lawyers
VUFN
12:15-1:15
2nd Thursday
Trusts and Estates
VUFN
12:15-1:15
3rd Monday (Odd Mo.)
Solo & Small Firms
VUFN
12:00 noon
3rd Tuesday
Local Government
VUFN
12:15-1:15
3rd Tuesday
LCBF Board of Trustees
VUFN
4:00
Family Law
VUFN
12:00-1:00
LCBA Board of Directors
VUFN
12:00 noon
VUFN
5:30-6:30
VUFN
5:15-6:15
1st Thursday (Even Mo.)
3rd Wednesday 3rd Thursday 3rd Thursday 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.
ANNOUNCING OUR NEW NAME!
STILL IN THE SAME LOCATION, CONTINUING TO PRACTICE IN LITIGATION & APPEALS, RESIDENTIAL & COMMERCIAL REAL ESTATE, BUSINESS LAW, ESTATE PLANNING, & TRUST ADMINISTRATION
ROBERT W. CHURCHILL WILLIAM A. CHURCHILL JOHN W. QUINN MARK T. HAMILTON MARK VAN DONSELAAR JOHN L. QUINN LEO J. DELANEY AMBER L. DESSELLES MARY LEE BERRESHEIM
TWO SOUTH WHITNEY, GRAYSLAKE, IL 60030 • (847) 223-1500 • WWW.GRAYSLAKELAW.COM
28 The Docket
March 2022 29
300 Grand Avenue, Suite A Waukegan, IL 60085 Tel: 847-244-3143 Fax: 847-244-8259
MEMBER RECEPTION
MEMBER RECEPTION SPONSORSHIP OPPORTUNITIES
LCBA Member Receptions will generally be held on the 4th Thursday of every month.
Your $500 sponsorship includes: • Recognition in advertising before the event and on signage at the event • Reception from 4:30 – 6:30 p.m. • Complimentary beer and wine. Upgrades available for additional fee.
Contact info@lakebar.org to add your name to a reception.
