The Docket - September 2019 by Town Square Publications, LLC

THE

DOCKET The Official Publication of the Lake County Bar Association • Vol. 26, No. 9 • September 2019

Win! A WEEK IN CABO, MEXICO! DETAILS ON PAGE 17

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

2019 LCBA OFFICE RENTAL PRICING

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

MEMBER CENTER “The Bar” Accommodates up to 100 people During business hours (8 am – 5 pm) Members (add $25/hour for after hour events) • Meeting only (individual or group, no food or beverages served: Free • Self-Service reception or party (provide own alcoholic beverages): $50 per hour • Hosted beer & wine reception or party (beer & wine provided by Association): $250/ 1st hour, $50/hour after Non-Members: (add $50/hour for after hour events) • Meeting only (individual or group, no food or beverages served): $50 per hour • Self-Service reception or party (provide own alcoholic beverages and food): $300/ 1st hour, $50/hour after • Hosted beer & wine reception or party – Not Available Non-Member, Not-for-Profit: (add $25/hour for after hour events) • Meeting only (individual or group, no food or beverages served): $25 per hour • Self-Service reception or party (provide own alcoholic beverages and food): $150/1st hour, $25/hour after • Hosted beer & wine reception or party – Not Available Association Committee Meetings (Conference Room or Member Center) Without beer & Wine - Free With Hosted Beer & Wine - $150 flat fee (for 5 – 15 people), $200 (over 15 people) Room rentals are based on availability. Rentals include use of A/V already in room (phone, TV, Speaker. WIFI). All rentals include free parking in our large, well-lit, 45 vehicle parking lot adjacent to the LCBA building.

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

Contents THE DOCKET • Vol. 26, No. 9 • September 2019

FEATURES

8 Alateen – Recovery for the Whole Family BY KEVIN M. KELLY

10 Understanding and Defeating Privilege Claims Under the Illinois Medical Studies Act

A publication of the

BY MICHAEL VIGLIONE

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

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

Back Cover

ONE ISSUE

6 ISSUES

BY GARY L. SCHLESINGER

Lazy Dog Restaurant Review

BY HON. CHARLES D. JOHNSON

COLUMNS

2 President’s Page This Story About the Vietnam War is Brought to You by Your Bar Foundation

BY STEPHEN J. RICE, PRESIDENT

4 The Chief Judge’s Page Short History of Ravinia

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

AD SIZE

18 May a Guardian ad Litem Under the Illinois Marriage and Dissolution Act File Pleadings?

6 Bar Foundation A Little Help Please

BY NICHOLAS A. RIEWER, PRESIDENT

24 The Meeting Minutes July 18, 2019

BY TARA R. DEVINE, SECRETARY 26 In the Director’s Chair Expectations BY DALE PERRIN, EXECUTIVE DIRECTOR

LCBA EVENTS

IFC 2019 LCBA Office Rental Pricing 3 New LCBA Members 5 Holiday Party 5 The Calendar of Events 7 Fall Luncheons 7 LCBA Office Space 13 Veterans History Project 17 Cabo Raffle 23 Criminal Law Seminar 28 Monthly Committee Meetings IBC Member Reception

BY CHIEF JUDGE JAY W. UKENA

12 ISSUES

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

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

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

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

This Story About the Vietnam War is Brought to You by Your Bar Foundation

dd title for a President’s Page, no? I hope you’ll read on. One thing our Bar Foundation does each year is sponsor the Vet-

2019-2020 OFFICERS & DIRECTORS Stephen J. Rice President Hon. Patricia L. Cornell First Vice President Joseph M. Fusz Second Vice President Kathleen Curtin Treasurer Tara R. Devine Secretary Brian J. Lewis Immediate Past President Hon. Christen L. Bishop Katharine S. Hatch David R. Del Re Thomas A. Pasquesi Dwayne Douglas Daniel Hodgkinson

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eran’s History Project at our courthouse. At these events, well over 100 military veterans have had their stories recorded for the Library of Congress. This event will again occur this Veteran’s Day, November 11, 2019. If you know a veteran whose story we might record, please contact Brian McClain at bmcclain3@ lakecountyil.gov. Below is one such story, which I wrote the day my interview occurred in 2017 because of the profound impact it had on me. Jeffrey Russell had a sweet smile, but it was a smile hard-won. When the time came to have our picture taken, the photographer reviewed the initial few shots he took and deadpanned that Russell—a former Marine Corporal—looked like he wanted to kill him. That got Mr. Russell to smile, and the next picture was a winner. I interviewed Mr. Rus-

The

President’s Page

sell on Veteran’s Day 2017 at the courthouse event that is annually co-sponsored by the Lake County Bar Foundation. He was the fifth person I had interviewed over the years, and each experience has made a tremendous impact on me. In over half of these interviews, the veteran’s story has brought us—the court reporter, the veteran, and me—to tears. But Mr. Russell’s story is likely to stick with me most, as does that hardwon smile. Jeffrey Russell described a difficult life from the get-go. His father was a World War II veteran who fought up through Italy. We tend to think of World War II as a bloodless victory march because of the glory it ultimately bestowed upon our nation, the exploits of the “Greatest Generation” that fought it, and its good-versus-evil narrative. Except it was, of course, a thoroughly

BY STEPHEN J. RICE PRESIDENT modern—meaning mechanized—war, and one that scarred its participants deeply. Mr. Russell described his father as bearing those scars as he raised his family. Born in Ohio, Mr. Russell’s family moved around a lot. By young adulthood, the family had moved to Chicago and Mr. Russell started high school there. Only, he quit school at age 16 and went to work in a steel mill. That work would pale in comparison to his next job—fighting in Vietnam—but milling steel was not easy, and it was also not how he envisioned his future. So at age 20, he traveled down to Pershing Avenue to the military recruiting office to enlist in the Marines. There, he was told that his ingrown toenails prevented him from serving. (For context on what follows, our current President was,

at around this same time in 1968, diagnosed with bone spurs in his heels, justifying a medical deferment.) Mr. Russell’s condition might have been a lucky sign from above, but it’s not one he heeded. He proceeded to spend $1,000 on foot surgery to remedy the condition so that he might qualify for service. He returned to the recruitment station thereafter, and although he was told his feet were little better, they not only allowed him in, but put him on a plane departing O’Hare to San Diego just three hours later. Basic training resulted in more toe surgery (his feet bled terribly from marching), and then, separately, two broken feet (with one more surgery to fix that). But he made it through. Mind you, this was not just any year in American history, or even just any year in the history of the Vietnam war. This was 1968. Some “highlights”: • The Tet offensive began on January 31, belying the narrative that America was winning the war and amplifying antiwar sentiment in public opinion. • President Johnson surprisingly announced he would not run for re-election on March 31. • On April 4, Martin Luther King was assassinated; nationwide riots ensued. • Two months later, Robert Kennedy was assassinated. • On November 14, college students conducted a “National Turn in Your Draft Card Day” with protests on campuses throughout the U.S. That Mr. Russell would

enlist during that momentous year—much less go through the trauma he went through to get into the Marines—qualifies him for a medal by itself.1 It did not take long for him to earn his first actual combat award. Less than a day into his stay in Vietnam (now December 1968), upon being dispatched to replace a man who had just been killed, he boarded a truck bound for his new position. Just as the truck pulled out of the encampment, two helicopters were rising up in front of it. The lead helicopter was hit by a round and started trailing smoke. Disabled and descending, the lead helicopter made contact with the second helicopter, which was unable to avoid it, and that chopper’s blades chewed into the lead aircraft’s underside, dismembering the soldiers in it. Both helicopters disintegrated, spewing soldiers around the crash zone. But-for the truck stopping, the choppers would have landed on it and killed Mr. Russell as well. That was his first day in Vietnam, and he did not describe the ensuing 13 months as any bit of a respite from it. He teared up visibly in describing one battle that killed or wounded the better part of a battalion, which consisted of around 800 soldiers. And he related that you didn’t 1

We associate Vietnam with the draft, but apparently between “1964 and 1973, volunteers outnumbered enlisted troops by nearly four to one.” See Washington Post, Five Myths About the Vietnam War, https:// wapo.st/2KDibca (Sept. 29, 2017).

want to get to know anyone in Vietnam, because it just set you up for the emotional trauma of losing them. On whole, Mr. Russell described a mostly terrifying and isolating tour-ofduty—the kind of bloody, confused, chaotic war that movies about it depict. In fact, however, far fewer than half of all soldiers participated in combat. (In a previous Veteran’s History Project interview I conducted, the veteran I interviewed spent his year near the beaches of Danang running IBM mainframe computers.) Sadly for Mr. Russell, the horrid Hollywood version of combat aligns closely to what he described. Jeffrey Russell returned to the U.S. after 13 months in theater. On his return, he says another soldier told him that the back of his jacket had been spit on— ponder that as you recall the effort he put into enlisting in the first place. It was 1970. Life would go on. Only, it would never be easy. Mr. Russell married, had a daughter, but then lost his wife to cancer. He worked in the roofing trades, but he described a difficult path, one perhaps reminiscent of the difficulties his father had endured. He was homeless for a time. The nation has perhaps moved on from Vietnam— we fight new wars now— but for soldiers who fought there, Vietnam can be a permanent scar. Does it fade with time? For Mr. Russell, it seems to have faded somewhat. In the past few years, he has found the comradery he avoided in Vietnam at the North Chicago VA. He

made clear that the VA and its services have helped him. A staff member there referred him to the Veterans History Project at the courthouse. That is how I witnessed his smile, and a story I will never forget.

Welcome

New LCBA Members Attorneys

Lauren Callinan Lake County State’s Attorney’s Office Ronald Wittmeyer Attorney At Law Katherine McCollum The Law Offices of David R. Del Re, P.C. Ismael Salam United States Navy Dan Brown Lake County State’s Attorney Sheila Collins Collins Family Law January Stramaglia January Family Law, LLC Edward Speights Lake County Public Defender’s Office Kimberly Powers Law offices of Kimberly Powers S.C. Shalom Bersson Katz & Stefani, LLC Manuel Cardenas Attorney At Law Professional Jennifer Merida The Tranel Financial Group Lorena Hernandez Nineteenth Judicial Circuit Court

September 2019

Short History of Ravinia

rom the Chicago Symphony Orchestra to Weird Al Yankovic, from Lenny Kravitz to Classical Jazz, from Itzhak Perlman to Steely Dan and everything in between, the 2019 Ravinia Festival features a robust and diverse lineup with literally something for everyone. With offerings that include both modern and classical, music, dance, theatre and children’s programming, its often difficult to remember that Ravinia is one of the oldest and most diverse music festivals in North America. Ravinia opened on August 15, 1905 as a high end amusement park, complete with a music pavilion, dance hall, baseball stadium, theatre and an electric swing. This was developed by the AC Frost Company as a lure to get Chicagoans to ride its fledging Chicago Milwaukee electric railroad to this respite in the

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woods far from the heat and smells of the city known as the Hog Butcher to the world. The first piece of music ever performed at Ravinia was “Bill Bailey Won’t You Please Come Home,” on a steam calliope no less. As Ravinia grew in popularity, summer cottages popped up nearby and despite the train company going bust, Ravinia continued to thrive under the leadership of a group of North Shore philanthropists who created the Ravinia Company headed by Louis Epstein. Today, Ravinia operates as a self-owned not-for-profit, still run by a volunteer board of business and community leaders, now overseen by a professional staff. And of course, the train still stops at Ravinia’s historic entrance gate. From 1919 through 1931, Ravinia was known as the summer opera

The

Chief Judge’s Page capital of the world, welcoming to its stage some of the most celebrated singers from Europe who sailed to America to perform at the Metropolitan Opera in New York City. When the final curtain closed for the operas at the Met, the artists often were in no hurry to make the return voyage to Europe. Instead, they frequently stayed in the U.S. and went to Ravinia, where they performed many of the world’s great operas of the day. Ravinia closed down during the Great Depression, but reopened in 1936 with an emphasis on symphonic music. In 1938, Benny Goodman made headlines for breaking racial barriers by performing at Ravinia with an integrated band. In May 1949, the original pavilion burned down. Six weeks later, the festi-

BY CHIEF JUDGE JAY W. UKENA val reopened and presented a full season under the shelter of a 33-ton canvas cover, originally designed to shelter B-29 bombers. In 1970, it was given a new stage floor designed by the legendary choreographer George Balanchine to offer the right resistance to dancing feet. With a new stage floor, it began to offer more and more headline-making artists. That summer of 1970, they even invited Janis Joplin to play at Ravinia. 200 police officers from seven suburban police departments were on hand to keep the peace. I happened to be one of the lucky concert goers in attendance. Eight days after her performance at Ravinia, Joplin gave her final public concert at Harvard Stadium in Boston. On October 4, in the middle of recording her album Pearl, Janis failed

to show up at the studio, and at the age of 27 was discovered dead of an overdose at Hollywood’s Landmark Hotel. Today, Ravinia brings in about 600,000 music lovers to the festival each year. Ravinia has become an economic engine for the City of Highland Park, attracting visitors to the area, providing jobs and supplementing the salaries of many first responders, sharing revenue with the City,

providing positive publicity and supporting many worthwhile causes. Less than half the revenue it takes to run Ravinia is contributed by corporate sponsors. The rest comes from group and individual ticket sales. So, if you have some time this summer, don’t forget about this Lake County treasure. Grab some friends, pack a picnic and spread out a blanket on the lawn for what is sure to be a classic Ravinia experience.

You are invited to the

2019 Annual Membership

Holiday Party December 6, 2019 5:00 - 7:30 PM

Hors d’oeuvres and Good Cheer

300 Grand Avenue, Waukegan

The

Calendar of Events

September 19 Family Law Mid-Year Seminar Jury Assembly Room

October 22 Membership Luncheon – Pro Bono Awards Waukegan City Hall

September 23 Anatomy of a Trial – Cross Examination Courtroom T810

October 24 Member Reception Hosted by Fuqua Winter, Ltd. LCBA Member Center

September 24 Membership Luncheon – Lake Co. Updates Waukegan City Hall

October 28 Anatomy of a Trial – Impeachment Courtroom T810

October 10-11 Criminal Law Seminar Hilton Milwaukee City Center

October 29 Brown Bag CLE – Collaborative Law Basics LCBA Office

September 2019

A Little Help Please

n August 10, I had the pleasure of hosting a barbeque at my house on behalf of the Lake County Bar Foundation. Invitations were sent out to all 940 members of the Lake County Bar Association/FoundaBOARD 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 Morrison Michael G. Nerheim Melanie Rummel Hon. Henry C. Tonigan (Ret.) Hon. Joseph R. Waldeck (Ret.)

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tion. The barbeque was for all of the members including their spouses and children. The idea of the barbeque was to hopefully get members and their families who do not normally go to our functions, to come out and meet new people and have a good time. The fee to attend was modest and all of the money collected from the fees went to the Lake County Bar Foundation for future charitable endeavors. To say that I was disappointed in the turnout is somewhat of an understatement. We had approximately 100 people attend the event. Of that, approximately 25 people were not attorneys who were friends of mine from my neighborhood. We did have a very strong judicial turnout and I would like to thank all of the Judges who took time to attend. We probably had in the area of 30 to 40 bar association/foundation members attend, many of whom

BY NICHOLAS A. RIEWER PRESIDENT brought their families. The weather was perfect and for those who did attend, we had a wonderful day of eating, drinking, and swimming. Although 100 people may sound like a lot, there were probably only 30 to 40 association/foundation members out of approximately 940 members. For those of you who did attend, thank you, and for those of you who didnâ&#x20AC;&#x2122;t, I need your help. The Lake County Bar Foundation hosts a gala every two years, which is an adults only event. The barbeque was an idea to try to get not only the members involved, but their families and kids as well. The help I need from the members is very simple. What type of events would you like the foundation to organize and put on? Which you would be

willing to attend? Are you more interested in adults only events during the evening or more family oriented functions? As I indicated above, the barbeque took place on August 10. Was that a time that was too close to kids going back to school or is that a very popular vacation time? Would a summer function such as the barbeque be more convenient for you if it was done either in later July or early September, shortly after Labor Day? With respect to the Biennial Gala, we have hosted that in the past at North Shore Harley Davidson, Lake Forest Sports Car, and Halas Hall. Are there other venues that you would like to see us consider, so that you would be more willing to attend? The theme of the last two galas has been a casino

night. Are there other themes that you would like us to consider which would make it more likely that you would attend? I would appreciate your

input, thoughts, and guidance with respect to future events to be hosted by the Foundation. Please email me at nriewer@strategicdivorce.com.

Thanks for your input and cooperation. Finally, at the recent barbeque, we did launch the annual raffle ticket sales for the one week stay

at a condo in Cabo San Lucas. Please contact the Lake County Bar Association office for tickets. Tickets are $25.00 each or a packet of five for $100.00.

Fall Luncheons WAUKEGAN CITY HALL 12:00 – 1:30 pm September 24 Lake County Update October 22 Pro Bono Awards Luncheon November 19 ARDC Update with James Grogan

Your New Office Could be in the LCBA Building

• Furnished • Approximately 2,000 square feet • Two blocks from the courthouse • Two private offices • Conference room

• • • •

Large reception area Men’s and women’s bathrooms Small kitchen Free parking for staff and clients

Available Now Contact Dale Perrin at dale@lakebar.org to view the property and get more details. September 2019

Alateen â&#x20AC;&#x201C; Recovery for the Whole Family

BY KEVIN M. KELLY, LAP CONTRIBUTING AUTHOR

recently received the Karl Rolewick award from Lawyers Assistance Program (LAP), an award recognizing those who volunteer in the area of addictions recovery. I would like to thank LAP for the award. I am very honored and humbled at the same time. I have been a LAP volunteer for the last 7 years, mentoring young attorneys with issues. I also have been an Alateen sponsor for the last 19 years. For those of us who work in the area of addictions disease of alcoholism. recovery, all our work is done in private and behind When asked what Alateen is, I usually first ask in closed doors to protect the privacy and anonymity of return the personâ&#x20AC;&#x2122;s notion or definition of alcoholism those with whom we work. I never discuss what is told and/or drug addiction. I usually receive the same anto me by the young attorneys I menswer 90% of the time: the alcoholic tor and told to me by the Alateens in drinks, the drug addict uses drugs, Kevin M. our weekly meetings. Privacy engenand the alcohol and the drugs make Kelly is a ders trust. After 19 years of weekly the addict do crazy things. I wish partner at Markoff Alateen meetings held in private and alcoholism and addiction were that Law, LLC, in a cloak of secrecy, to be recognized simple. I wish the simple solution to practicing in publicly for my efforts is quite a treat. the disease of addiction was abstithe areas of, Thank you LAP for the honor. nence from alcohol and drugs. I also Collections, Quite often, I am asked what is wish that abstinence from alcohol Creditors Rights, Civil Alateen and what do we do in our and drugs alone would lead to a Litigation weekly meetings. The simple answer healthy life. However, nothing could and Judgis that Alateen is a 12-step self-help be further from the truth. ment Enforcement. He is a Certified program, similar to Alanon, but foFrom my own personal observaAlateen sponsor providing councused on the teenage children of the tions, having been raised in a home seling services for teenagers and pre-teens whose parents are drug drug addicts and alcoholics. The more with an alcoholic father, there is addicts and alcoholics. thorough answer is as complex as the something about the brain of the al-

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coholic/drug addict which reverses the pain and pleasure sensors. As a result, the alcoholic/addict rejects everything meaningful in their lives (career, family, physical health, mental health, etc.) and instead seeks out that which destroys everything meaningful in their lives (drugs, alcohol, chaos, etc.) The alcoholic/addict is drawn to chaos and bad decision-making. True recovery from addiction is more than abstinence from alcohol and drugs, more than sobriety. True recovery addresses all the bad behaviors, the bad decision-making and the self-made chaos. True recovery makes the person whole. For the children raised in a household with an alcoholic/drug addict, the result is devastating. Teens begin to behave like the alcoholic/drug addict, begin to make all the same bad decisions, seek the same chaos and follow the same path of self-destructive behavior, even though they do not use drugs or alcohol. If not stopped, arrested or changed, the life of a child raised in an alcoholic home will be equally chaotic, full of misery, full of failed relationships and constant underachievement. The job of an Alateen sponsor is to break the cycle of self-destructive behavior. When the Alateens first show up at our weekly meeting, their feelings, their fears and their angers are, for the most part, universally the same: They feel completely isolated, as though they are the only people on the face of the earth with the problem. We show them that they are not alone. They are thoroughly confused about why all the chaos keeps happening. We teach them that the confusion is normal, that the disease of alcoholism and drug addiction is very baffling and confuses most adults. They feel guilt ridden because they have been blamed or told by the alcoholic that they are the cause of all problems. We teach them that the alcoholic is responsible for their own lives. The teens are not at fault. They are fearful and scared because they been told to lie and never to discuss the family problems with anybody. We teach them that Alateen is a safe place to talk about the family situation, that they will not be judged, they will not be criticized and they will not be silenced. Alateen is a place where they can find their voices. They arrive at our doors angry about their situation. Often the anger is turned inward resulting in self-destructive behaviors such as cutting, burning and other forms of self-harm. We teach them healthy ways

to deal with and express their anger and not to turn their anger inward. They feel hopeless about their situation. Many newcomers arrive with suicidal thoughts. We teach them that even though they have been dealt a crappy hand of cards, if they focus on themselves and make good decisions they can build a good life for themselves irrespective of whether or not the alcoholic is drinking. I asked my Alateens a few weeks before receiving the LAP award for their comments about the program and what Alateen means to them. Here are a few of their comments: “Transforming” “Life-changing” “If not for Alateen, I would not have made it to where I am now” “If not for Alateen, I would’ve committed suicide by now” I am so proud of my Alateens for their courage to deal with their problems openly and honestly, and to be examples of healthy behavior, even if the other family members are not. For those with addiction issues, their struggles can be and often are life or death. I cannot emphasize the gravity of this disease. My own father died from the disease of alcoholism at the age of 49. His drinking began to get out of control when he was 42 years old and I was only 11. I was 20 years old when he died. Despite his demons, he was my best friend and the most important person in my life. His death still affects me to this day because I lost the person I cherished the most. We all need to recognize the tremendous mission of LAP, of AA, of Al-Anon and all the 12 step programs because without them, lives will be lost and families would be shattered. All the 12 step programs foster true recovery for the whole family. I encourage everyone in our industry, whether a judge, a prosecutor, an attorney in private practice, whenever you come across a situation where alcohol and drug addiction has taken hold of a family member, please refer the spouses to Al-Anon and the children to Alateen. Without addressing the effects of addiction on all the family members, true recovery is not possible and the families will continue to suffer. If you have any questions or concerns and/or need help or assistance, please contact LAP. We are happy to talk to you about any matters and help you find the best solution to increase and optimize your overall well-being and functioning. All services are free and confidential. We are here to help you! Please contact us at illinoislap. org, at 1-800-LAP-1233, or gethelp@illinoislap.org

I wish the simple solution to the disease of addiction is abstinence from alcohol and drugs.

September 2019

Understanding and Defeating Privilege Claims Under the Illinois Medical Studies Act

BY MICHAEL VIGLIONE

ou are in your office and receive a defendant hospital’s discovery responses in a medical negligence case. The responses contain a privilege log and affidavit from a risk manager. The defendant alleges that several internal review documents are privileged from disclosure under the Illinois Medical Studies Act. The affidavit claims the documents are information of a peer review committee. This article addresses ways to defeat the privilege claims. STEP 1: UNDERSTAND THE STATUTE

recommendations, letters of reference or other Internal review documents concerning patient safety data of committees . . . used in the course of inevents constitute powerful evidence. Reports where a ternal quality control or of medical study for the medical provider’s peers analyzed purpose of reducing morbidity the provider’s conduct and found it or mortality, or for improving Michael Viglione is a partner to be inadequate can turn a good liapatient care or increasing organ with the law bility case into a great one. After all, and tissue donation, shall be firm of Ryan, if internal review reveals the care at privileged[.]1 Ryan & Viglione issue was negligent, how can a defenwho has been To establish a privilege under dant deny this very thing in court? practicing with the firm since the MSA, a party must show that the The statute blocking a plain2009. He devotes documents in question constitute “intiff’s path to this evidence is 735 ILCS his practice to formation” of a “committee” used for 5/8-2101, commonly called the Illinois representation purposes of internal quality control, Medical Studies Act (hereafter “the of injured victims of wrongful death, medical study, reducing morbidity MSA”). Section 8-2101 of the MSA medical malpractice, motor vehicle accidents, motorcycle accidents, and mortality, or for improving paprovides: trucking accidents, nursing home tient care.2 neglect, premises liability, construction All information, interviews, negligence, and institutional negligence. 1 735 ILCS 5/8-2101. reports, statements, memoranda, 2 Id.

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STEP 2: UNDERSTAND THE APPLICABLE CASE LAW Analysis of MSA precedent is vital to determine what constitutes “information of a committee.” Twenty-plus years of binding precedent holds that documents generated prior to a peer review committee formally meeting does not constitute information of a committee and are never privileged under the MSA. For example, in Roach v. Springfield Clinic, the defendant hospital claimed that conversations between the chairman of its anesthesiology department and a nurse anesthetist were privileged.3 The defendant argued that its peer review process began once the chairman learned of the plaintiff’s incident and began investigating. The Illinois Supreme Court held that the conversations were not privileged as they occurred prior to a peer review committee actually meeting, and they did not become privileged due to later being discussed at a committee meeting.3 Similarly, in Berry v. West Suburban Hospital Medical Center,4 the defendant hospital argued that according to hospital policy, a letter from a physician to a department chairperson began its peer review process. The Illinois Appellate Court noted that the letter was dated September 16, 1999, but no peer review committee met until February 11, 2000. The court stated: “[e]ven if the September 16 letter notified . . . the investigatory committee of a potential quality control issue, the Act’s privilege does not apply because the September 16 letter was information of the Hospital’s staff rather than information of any committee, peer review or otherwise.”5 In Kopolovic v. Shah,6 a peer review committee chairman told the defendant to draft a memorandum. The memorandum was dated May 16, 2007. The committee did not meet until June 25, 2007. In denying the defendant’s claim of privilege over the memorandum, the Illinois Appellate Court rejected the argument that the chairman began the peer review process by directing the defendant to draft the memorandum. The court noted that “actions of individual members of a committee are not the same as actions of that

committee itself.” Thus, the peer review process did not begin until the committee met.7 In Tunca v. Painter,8 the Illinois Appellate Court rejected the defendant’s argument that a hospital’s peer review process began when a patient returned from surgery with complications. The court stated that “even when statements are made in anticipation of peer review, the confidentiality provisions of the [MSA] are not invoked until there is a committee meeting on that incident.”9 This precedent was affirmed in the recent Second District decisions of Grosshuesch v. Edward Hospital,10 Nielson v. SwedishAmerican Hospital,11 and Lindsey v. Butterfield Health Care II, Inc.12 In Grosshuesch, the defendant claimed that per hospital policy, peer review began upon a patient’s death and concerns being raised. The Illinois Appellate Court rejected the defendant’s claim that it could invoke the MSA by having a hospital policy declare in advance that all documents prepared by the hospital staff were part of the peer review process. The court held that a peer review committee must meet and authorize an investigation into the specific incident at issue for any privilege to attach. In Nielson, the defendant argued that three quality control reports drafted prior to any peer review committee formally meeting were privileged under the MSA. The defendant claimed that its policies and procedures established that the reports were part of the peer review process. The Illinois Appellate court reiterated the holdings in Roach, Berry, and Kopolovic that only documents generated after a committee formally meets and at the behest of that committee are privileged under the MSA.13 In Lindsey, the defendant nursing home claimed that a report concerning the plaintiff’s fall and six witness statements were privileged under the MSA. The court found that the documents were all created prior to any peer review committee meeting. The court held that the documents did not become privileged due to later submission to a committee. The court “rejected the [defendant’s] suggestion that its

The Illinois Appellate Court has long recognized that the MSA “was never intended to shield hospitals from potential liability, and legal advice is not a goal of the protection offered by the MSA.”

3 4 5 6

Id. at 41. 338 Ill. App. 3d 49 (1st Dist. 2003). Id. at 79. 2012 IL App (2nd) 110383.

7 8 9 10 11 12 13

Id. at ¶ 31. 2012 IL App (1st) 110930. Id. at ¶18. 2017 IL App (2nd) 160972. 2017 IL App (2nd) 160743. 2017 IL App (2nd) 160042. Id. at ¶53.

September 2019

oversight committee could invoke the [MSA’s] protection by declaring in advance that all incident documents prepared by [defendant’s] staff were part of the peer review process.”14 The import of these decisions is clear. For the MSA to shield documents from disclosure, a peer review committee must: (1) formally meet; (2) authorize an investigation into a specific incident; and (3) the documents at issue must be generated during the course of this authorized investigation. Failure to fulfill these requirements destroys any privilege claim. The sole exception to the “meeting requirement” is addressed in Eid v. Loyola University Medical Center.15 In Eid, a risk manager informed the chair of the defendant hospital’s Medical Care Evaluation and Analysis Committee (MCEAC) that a minor had passed away. The chair told the risk manager to investigate. The defendant’s by-laws empowered the chair to unilaterally begin peer review investigations. The defendant argued that the chair’s exercise of his authority under the by-laws made the risk manager a “designee” of a peer review committee, thus rendering documents she subsequently created privileged. The Illinois Appellate Court affirmed that the documents were privileged. The court noted that the defendant’s bylaws empowered the chair to initiate investigations, that 14 15

the chair used this authority to commence peer review, and that this rendered the risk manager a committee “designee” under the MSA. Eid thus holds that a committee need not formally convene for a defendant to invoke privilege where a hospital’s by-laws empower a committee chair to unilaterally initiate peer review investigations. STEP 3: ATTACK THE PRIVILEGE LOG AND AFFIDAVIT “The burden of establishing a privilege is on the party seeking to invoke it.”16 When a defendant attempts to establish a privilege under the MSA with an inadequate privilege log and/or affidavit, go on the offensive. Use the applicable case law and discovery depositions to defeat the privilege claims. In Pietro v. Marriot Senior Living Serv., Inc.,17 the defendant submitted a privilege log that failed to provide dates, authors, recipients, or the subject matter for the claimed privileged documents. The Illinois Appellate Court affirmed the trial court’s finding that failure to provide this information violates Illinois Supreme Court Rule 201(n) and denied the defendant’s privilege claim based upon the MSA. In Chicago Trust v. Cook County Hospital,18 the defen16 17 18

2017 IL App (2nd) 160042, ¶ 13. 2017 IL App (2nd) 143967.

2017 IL App (2nd) 160042, ¶ 10. 348 Ill. App. 3d 541 (1st Dist. 2004) 298 Ill. App. 3d 396 (1st Dist. 1998)

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World War II, Korea, Vietnam, Iraq, Afghanistan &

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dant alleged that two incident reports were generated at the request of a peer review committee. The defendant submitted an affidavit which stated that a committee requested creation of the reports, but failed to outline when this committee met, who requested that the reports be generated, when this request was made, or where it was made. In overruling a claim of privilege under the MSA, the Illinois Appellate Court succinctly stated that the allegation that a committee requested these documents be created was “pure conclusion, bereft of facts.”19 The court ordered the documents produced. Attack the defendant’s privilege log and affidavit as insufficient. Move to strike these documents from consideration if they violate Rule 201(n) or are “pure conclusion bereft of facts.” Additionally, remember that under Illinois Supreme Court Rule 191, affidavits must be made on personal knowledge of the affiant and consist of facts admissible in evidence. Depose the affiant and determine whether they were actually part of the alleged peer review process. Ask the affiant: • Were you present for each of the discussions, meetings, etc. referenced in your affidavit? • When did the peer review committee initially meet? • Who were the members of the committee? 19 Id. at 404.

• What members were actually present at the initial meeting? • Who directed that the incident at issue be peer reviewed? • Who designated individuals to conduct that review? What rules govern the committee’s investigation process? If the affiant does not have personal knowledge of these matters, file a motion to strike their affidavit coupled with your motion to overrule the defendant’s privilege claims. Further, if the defendant submits an affidavit claiming that under its by-laws a chairperson initiated the peer review without a formal committee meeting as in Eid, do not allow this improper conclusory statement to stand untested.20 Request production of the by-laws to test this claim. Depose the chairperson and ascertain whether they exercised this authority. Ask foundational questions such as: • When and how did you initiate an investigation? • What information concerning the patient safety event did you have at that time? • Who did you direct to act? • What documents did you create in initiating an investigation? • What did you direct be done? Probing this assertion may reveal that the chairperson did not enjoy the authority they claim to have had and/or that the investigation did not begin in the manner suggested. STEP 4: DETERMINE WHETHER THE DOCUMENTS WERE USED FOR RISK MANAGEMENT The Illinois Appellate Court has long recognized that the MSA “was never intended to shield hospitals from potential liability, and legal advice is not a goal of the protection offered by the [MSA].”21 Moreover, “[a] document created . . . for the purpose of rendering legal opinions or to weigh potential liability risk for later corrective action by the hospital staff is not privileged even though it was later used by a committee in the peer review process.”22 In Nielson, the court noted that the defendant’s quality control reports that it claimed were privileged under the MSA were actually used for risk management. The court held that documents are not privileged under the MSA when they are used for dual purposes of peer review and risk management.23 If a risk manager signs an affidavit supporting an alleged privilege claim under the MSA, take their deposi20 Conclusory statements of this nature are not the proper subject of affidavit testimony. See Baudin v. Crystal Lake, 192 Ill.App. 3d 530, 537 (2nd Dist. 1989). 21 Frigo v. Silver Cross Hosp. & Med. Ctr., 377 Ill. App. 3d 43, 66 (2007). 22 Id. 23 2017 IL App (2nd) 160743, ¶ 75.

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tion. Ask them: • How can you evaluate a physician, nurse, etc. as a “peer” when you are not a physician, nurse, etc.? • Are you claiming that you sat on a peer review committee but did not use peer review documents for risk management purposes? • How can you separate your job as a risk manager from your role as a committee member? • Where are the alleged peer review documents stored? • Who has access to the peer review documents? • Do risk managers who were not part of any peer review committee have access to the alleged privileged documents? It is impossible for a risk manager to explain how they can sit on a peer review committee that generates reports concerning the adequacy of patient care, but simultaneously void themselves of knowledge concerning those reports in assessing liability against the hospital. Further, oftentimes alleged peer review documents will be stored in electronic folders that only risk managers (and not committee members) have access to. This is a strong fact suggesting the documents at issue are not privileged. STEP 5: REQUEST BLANK COPIES OF THE ALLEGEDLY PRIVILEGED DOCUMENTS More often than not allegedly privileged documents will be pre-printed forms that are filled in during the alleged peer review process. Request that the defendant provide

you with copies of these blank forms. There is no burden on the defendant in doing so and provision of blank forms cannot waive any claimed privilege. The forms themselves can be invaluable to defeating a privilege claim. If the form is titled “risk management worksheet,” it will be difficult for the defendant to argue that this document was not used for risk management purposes. Moreover, reviewing the blank form can provide insight concerning what conduct the defendant typically reviews, whether the form is typically circulated to multiple parties, whether the form is dated, and whether the form contains recommendations for corrective action. The request for blank forms should be made in conjunction with a request that the trial court conduct an in camera inspection of all allegedly privileged documents. The plaintiff should be able to view these documents during said inspection as a means of disputing the privilege claims. It is fundamentally unfair for a defendant to know everything in the documents while maintaining privilege, while forcing the plaintiff to argue against that privilege without viewing the documents in question. STEP 6: BEWARE THE MOTION FOR RECONSIDERATION Nothing is worse than winning your motion to overrule the defendant’s privilege claims, only to receive a motion for reconsideration containing an amended privilege log and new affidavits. You can bet that these amended

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materials will cure any prior deficiencies and clearly bring the alleged privileged documents within the protection of the MSA. Use the standard for a motion for reconsideration to your advantage. A motion for reconsideration is intended to bring to the court’s attention: (1) newly discovered evi-

dence which was not available at the time of the first hearing; (2) changes in law; or (3) errors in the court’s previous application of existing law. A defendant invoking privilege under the MSA inevitably has all information necessary to support its privilege claims from the inception of discovery. Therefore, a defendant cannot rightly claim that an amended privilege log or amended affidavits constitute “newly discovered evidence not available at the time of the first hearing.” These materials should be stricken from consideration per binding precedent. CONCLUSION It is worthwhile to expend the time and effort necessary to properly fight privilege claims under the MSA. Use the applicable case law, discovery depositions, and production requests to amass the evidence you need to derail the defendant’s privilege claims. The effort will be worth the reward to your client.

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July 2019

May a Guardian ad Litem Under the Illinois Marriage and Dissolution Act File Pleadings?

BY GARY L. SCHLESINGER

he Illinois Marriage and Dissolution Act grants a court power to appoint representatives for children. Section 5/506 of the Act addresses the different positions and duties of such representatives. 750 ILCS 5/506. Three different positions are listed. One position is an attorney for the child who owes Fahrenkamp, 2019 IL 123990. David Fahrenkamp was ap“the same duty of undivided loyalty, confidentially, pointed the Guardian ad Litem of a minor, Alexis Nichcompetent representation as are due to an adult client.” ols, in a probate guardianship case pursuant to 755 ILCS The second position is a child representative, who “shall 5/11-3. When she was a minor, Alexis was injured in an have the same authority and obligation to participate in accident and received a settlement. Her mother became the litigation as does an attorney for a party and shall the guardian and was in charge of the money, and David possess all the powers of investigation as does a GuardFahrenkamp was appointed her Guardian ad Litem. ian ad Litem.” The third position is a Alexis received $600,000 when she Guardian ad Litem. He or she “shall was 11 years old. In 2012, Alexis sued Gary testify or submit a written report to her mother claiming that her mother Schlesinger the Court regarding his or her rechad withdrawn $79,507 that was not has been ommendations in accordance with used for the benefit of Alexis. During an attorney the best interest of the child... may the 2013 trial, the judge asked “and since 1971 and has be called as a witness for purposes of where was the GAL in all of this?” practiced in crossexamination regarding [his or Judgment was entered in favor of Lake County her] report... [and] shall investigate Alexis and against her mother but not since 1972. facts of the case and interview the for the full amount taken. Alexis then He has been child and the parties.” Nowhere does filed a legal malpractice action against an active member of it say that this Guardian ad Litem the GAL. Fahrenkamp claimed that the ISBA and may file any pleadings. he had absolute immunity similar to the LCBA for many years. He is a One recent decision case is the Guardian ad Litem in a divorce former member of Ray and Glick. the Supreme Court case, Nichols v case. The Appellate Court disagreed,

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citing the Illinois Supreme Court opinion McCarthy v. Cain, 301 Ill. 534. (1922) for the proposition that a Guardian ad Litem should examine the case, determine what the rights are of his wards, what defense their interests demands, and then make such defense as the exercise of care and prudence would dictate. “The Guardian ad Litem who perfunctorily files an answer for his ward and then abandons the case fails to comprehend his duties as an officer of the court.” McCarthy, 301 Ill. at 539, citing Stunz v. Stunz, 131 Ill. 210 (Ill.1890). It should be noted that at the time McCarthy was decided (1922), Section 5/506 did not exist. In dealing with the immunity issue, the appellate court in Fahrenkamp distinguished Heisterkamp v Pacheco, 2016 IL App (2d) 150229. In that case, Dr. Fran Pacheco was appointed to do a custody evaluation and was sued by the person who

did not get the evaluation in his or her favor. The Illinois Appellate Court for the Second District held that if a person is court appointed and acts within the scope of the appointment to give advice to the court regarding the best interest of the minor, for use in the Court’s decision-making process, that individual must be cloaked with the same immunity as the Court. 2018 IL App. (5th) 160316. Since that was not the purpose of the appointment in Fahrenkamp, the appellate court found he did not have that immunity. Fahrenkamp filed a Petition for Leave to Appeal to the Illinois Supreme Court, which was granted on November 28, 2018. The Supreme Court ultimately reversed the Appellate Court and held that there is absolute immunity to a Guardian ad Litem appointed under the Probate Act. 2019 IL 123990. However, the question remains, if there is a situation in which the Guardian ad Litem believes that a pleading should

The question remains, if there is a situation in which the Guardian Ad Litem believes that a pleading should be filed, may he or she do so?

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be filed, may he or she do so? For example, if a child is obviously physically abused, may the GAL file a petition for an order of protection? May the GAL file the motion in the divorce case to restrict the parenting time of a parent? What if the GAL learns that a college fund established for the benefit of the child had been taken by one of the parents? May the GAL file a petition to get the money refunded? The answer does not appear to be statutory. Therefore, we must go to case law. One case that applies is In Re the Marriage of Apperson, 215 Ill. App. 3d 378 (1991). That case involved a petition to modify custody of two children. At the close of the evidence, the Guardian ad Litem recommended custody of both minors be placed with petitioner (the father). Timothy, the older boy, changed his mind about wanting to live with his father a few days before the trial and said he wanted to live with his mother. Prior to entry of a written order regarding the change of custody, a motion for reconsideration of the order was filed on behalf of Timothy by an independent attorney. The trial court said that Timothy had no standing to request a reconsideration of the order. The mother argued that minors in custody proceedings were similar to minors in abuse proceedings and thus entitled to their own lawyer. The court held that “…a Guardian ad Litem was appointed for both minors as provided by section 506 of the Act... Timothy was a witness in an in-chambers hearing before the trial court. The Guardian ad Litem, as Timothy’s representative, was a party to the action and, thus, the one to present in the trial court a motion for reconsideration of the judgment.” Apperson, 215 Ill. App. 3d 378 at 385 (emphasis added). If the Guardian ad Litem could have filed a motion for reconsideration, then he or she had the right to file pleadings similar to an attorney for the child and a child representative even though 750 ILCS 5/506 (a) (2) does not specifically authorize the filing of pleadings. In Griesmeyer v LaRosa, 302 Ill. App. 3d 905 (1st Dist. 1998) the court held that the Guardian ad Litem, appointed to protect the minor’s interests as a representative of the minor, is a party to the action. In Griesmeyer, a mother filed a petition to establish a father and child relationship between her daughter Ryan, who had been born during a prior marriage, and her current husband. Her ex-husband filed a motion to dismiss, arguing that the question of Ryan’s parentage had been conclusively determined in the prior, uncontested dissolution proceedings between the mother and the ex-husband. Importantly, the ex-husband argued that the minor child had been a party to that proceeding by virtue of a Guardian ad Litem, who took the position that the ex-husband was Ryan’s biological father. Despite this, the trial court denied the ex-husband’s motion to dismiss. An appeal was taken immediately. The specific issue presented on appeal was “whether or not the fact that a minor child was represented by an

20 The Docket

attorney and Guardian ad Litem in an ultimately uncontested dissolution proceeding in which the wife had originally disputed the husband’s paternity, precludes the relitigation of the issue of parentage in a subsequent action brought by the wife on behalf of said minor child.” Addressing the issue as one of collateral estoppel, the Appellate Court found that since there was a court-appointed Guardian ad Litem representing the minor during that dissolution proceeding, the minor was actually a party to that proceeding, and therefore the position taken by the GAL on behalf of the minor (that the ex-husband was the biological father) had been conclusively litigated in that proceeding. Therefore, the Appellate Court reversed the Circuit Court’s Order denying the Motion to Dismiss. The appellate court cited an Illinois Supreme Court opinion entitled Simcox v Simcox, 131 Ill. 2d 49l (1989). Simcox was a similar case in which a child was born during the marriage. After the divorce, the mother filed a paternity action seeking to declare that her ex-husband was not the father and that someone else was. The Simcox court held that the dissolution judgment did not constitute a bar to the paternity action filed by the minor because the child was not a party “or privy to the dissolution proceedings.” The Griesmeyer court discussed the case In re the Parentage of Mayberry, 222 Ill. App. 3d 1008 (1991), a Second District opinion in which a parentage action was settled without an acknowledgment of paternity. The minor was not a party to the agreement in her own proper person, nor by a Guardian ad Litem. Under these circumstances, the Mayberry court found that “the minor was neither a party to the prior action nor were her interests adequately represented.” The Griesmeyer court also discussed Majidi v Palmer, 175 Ill. App. 3d. 679 (1988), in which a putative father sought a declaratory judgment for parentage. The trial court dismissed it. The Appellate Court remanded the matter “for the appointment of a Guardian ad Litem who was ordered ‘to file a petition to determine paternity if she finds that such action is in the best interests of this child’.” The Griesmeyer court went on to say that “the appointment of a Guardian ad Litem is not a mere formality ... as the representative of a minor, the Guardian ad Litem is a party to the action... the duty of a Guardian ad Litem is to call the rights of the minor to the attention of the court to represent their interest and claim for them such protection as under the law they are entitled.” 302 Ill.App.3d 905, 913, citing Rom v Gephart, 30 Ill. App. 2d 199, 208 (1961). Based on these precedents, it appears that the Appellate Court opinions impose upon Guardians ad Litem a duty to actually be a representative of and to protect the interest of the minor, including the authority to file pleadings, even though 750 ILCS 5/506(a)(2) omits that as one of the duties of the GAL. That brings us to the Illinois Supreme Court case of In re the Marriage of Bates, 212 Ill. 2d. 489 (2004).

In that case, the mother had custody of the child, and a petition was filed by the father to change custody. The Court appointed a child’s representative, who reached certain conclusions and recommendations regarding the custody of the child. The mother attempted to cross-examine the child representative, but was denied the opportunity to do so by the trial court. The mother then argued that Section 506 of the Marriage and Dissolution Act, which appeared to preclude cross-examination of the child representative, was unconstitutional in that it deprived her of her due process right to cross-examine a witness. The trial court denied the mother’s request to find the statute unconstitutional as applied, and a change of custody to the father was affirmed. The Supreme Court discussed the due process interests involved in the case including the right of parents to companionship, care, custody, and management of their children. The Court found that these are fundamental liberties interests protected under the Constitution and therefore Norma, the mother, was entitled to cross-examine the child representative regarding his or her investigation and recommendation after reviewing the facts and circumstances of the case. Norma should have been permitted to cross-examine the witness about his or her observations, training, experience, the contacts between the child representative, the parties

and the child, the existence of any bias, or the tendency to see the favor of one gender of parent over the other. The failure of the Trial Court to allow cross-examination deprived Norma of these substantial Constitutional rights, and thus, the statute was unconstitutional as applied to Norma. However, the Supreme Court also held that, since the mother had presented no evidence to rebut the report, and the other evidence supporting the change of custody was overwhelming, the Court’s refusal to allow cross-examination of the child representative was harmless error. The award of custody to the father was upheld, but the opinion supports the proposition that GALs and Child Representatives are parties to court proceedings, and should therefore have the opportunity to file pleadings just like any other party. My conclusion is that, contrary to the practice in Lake County Illinois, Guardians ad Litem do have the right and the duty to file pleadings to protect the interests of a child. The Guardian ad Litem is frequently described as the eyes and ears of the court. However, going further, if something should be brought to the attention of the court and neither of the parents does so, it becomes incumbent and mandatory for the GAL to do so. Thank you to Beth McCormack of Beermann LLP in Chicago who started all of this with an article in the Chicago Daily Law Bulletin in the summer of 2015.

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Lazy Dog Restaurant Review

BY HON. CHARLES D. JOHNSON

y family and I were recently searching for someplace new to eat on a Saturday night, when my wife suggested the Lazy Dog Restaurant in Vernon Hills. It’s located at 1115 N. Milwaukee Avenue, in the new Mellody Farm development at the northeast corner of Milwaukee and 60, and it includes an outdoor eating area that allows dogs. So, always up for something new, we packed our candy. I am not exaggerating much when I say that this is daughter’s dog, Stella, into the car and headed over there. one of the best foods on earth. I could have eaten 10 or 12 I will admit, I was somewhat apprehensive about bringplates of them. ing Stella to such a stimulus-intensive atmosphere, but Since I thought I would look piggish ordering 10 or I’m proud to say that Stella was completely chill for the 12 plates of the Deviled Eggs, I restrained myself and entire visit. That may be in part due ordered the Grilled Lemon Chickto the extremely friendly atmosphere en that Jake recommended. It was Hon. and staff at Lazy Dog. We were seated absolutely fantastic, served on a bed Charles D. Johnson around the outdoor fire pit very quickof cauliflower mash (picture mashed has been ly, and our server Jake brought Stella potatoes, but cauliflower,) with green an Associa bowl of water as her before-dinner beans and almond-walnut crumble. ate Judge drink. I, being more accustomed to My wife had the Sesame Crusted for the 19th drinking out of a glass, had a RevoluLine-Caught Ahi Tuna, which she Judicial Circuit tion Anti-Hero, while my wife had a was kind enough to let me taste; it since 2005. Vodka Soda and our daughter had a also came on a bed of the cauliflowHe was Peach Bellini. We relaxed while waiter mash, but with a coconut curry an assising to order. cream sauce that added a great flatant Lake Jake came back quickly, and we vor. I’m not usually much for curry, County State’s Attorney from 1990 to 1994, ordered our food. First of all, let me but this was pretty exceptional. Our and a local prosecutor from 1994 sing the praises of the Crispy Deviled daughter wasn’t all that hungry, so to 2005. He is currently assigned to Eggs, which are essentially deep-fried she just had a Grilled Cheese Sandthe Criminal Division. deviled eggs with paprika and bacon wich with fries, which she seemed

22 The Docket

to thoroughly enjoy. In keeping with the theme, Lazy Dog also offers a menu for four-legged guests, and Stella had a grilled hamburger patty with carrots, peas and rice. She didn’t say specifically, but based on the tail-wagging, she appeared to enjoy it thoroughly. The rest of the menu is also very inviting, with unusual seasonal offerings like Pork Belly with Beans, and a nice selection of Asian Bowls with Chicken, Shrimp or Tofu in a selection of sauces. Speaking of sauces, the servers brought around a carrier with several different barbecue sauces, but I couldn’t figure out what I was supposed to put them on (my daughter’s grilled cheese?). I’m sure they’re very tasty in the right application. The menu also includes more standard fare, such as burgers and pizza.

All of the selections looked tempting and were reasonably priced. For the health-conscious, calories are prominently displayed for each menu selection. (Who knew Fried Chicken was 1600 calories!?) We ended the meal with an extremely good Apple-Huckleberry Open Faced Pie, which I’m sure rivaled the Fried Chicken in calories, but was too good to pass up. Our daughter had the banana pudding and said it was tops. Lazy Dog originated in California and has recently spread to Illinois, where this is the only location. It is a wonderful new addition to the Lake County eating scene, especially if you’re a dog person. All the food is “comfort food,” and the service and ambience are exceptional. I encourage you to make the trip to Vernon Hills to enjoy Lazy Dog.

First of all, let me sing the praises of the Crispy Deviled Eggs, which are essentially deep-fried deviled eggs with paprika and bacon candy.

Visit the LCBA Website: lakebar.org

2019 Annual Criminal Law Seminar October 10-11, 2019 Hilton Milwaukee City Center $169 per night 8.0 CLE Hours (2 CLE Professionalism Credit pending approval) Registration $225 October 4 deadline

Board of Directors’ Meeting July 18, 2019 CALL TO ORDER: 12:10

ing income/loss.

PRESIDENT’S REPORT:

OLD BUSINESS: 1. 2019-2020 Committees Board Liasion Assignments: Review active and proposed committees and assigned Board of Directors as Liasons. Board Members volunteered to be liaisons for each Committee.

ACTION ITEMS: 1. Consent Agenda: Moved and passed a. June Minutes b. June Members 2. Treasurer’s report: a. July 2018: June 2019 YEAR-END Financial Reports. The Treasurer presented the 2019-2020 highlights and net operatBOARD MEMBERS PRESENT Stephen Rice President Hon. Patricia Cornell First Vice President Kathleen Curtin Treasurer Tara Devine Secretary Brian Lewis Past President Hon. Christine L. Bishop 2017-2020 Director Katherine S. Hatch 2017-2020 Director David R. Del Re 2018-2021 Director Dwayne Douglas 2019-2022 Director Daniel Hodgkinson 2019-2022 Director Dale A. Perrin, Executive Director

24 The Docket

2. Government Membership Dues Rate: Finalize discussion on implementing a special reduced rate for attorneys employed by a government entity and/or a non-profit organization. Proposed motion: “For the 2019-2020 Fiscal Year, adopt Government/Non-Profit Organization Attorney membership dues rate of $199 for attorneys in practice for up to 15 years.” Motion made for a $175 rate for Government/Non-Profit attorneys. Moved, NOT approved.Subsidiary motion regarding whether there is a conflict of interest for board members who are attorneys employed in government positions voting on the proposed motion of a $175 Government/Non- Profit rate. Discussion about potential conflicts, and a majority of the Board voted to find a conflict. Revised Motion: For the 2019-2020 Fiscal year, adopt Government/

The

Meeting Minutes BY TARA R. DEVINE SECRETARY

Non-Profit Organization Attorney membership dues of $199 for attorneys practicing for 5 to 14 years.” Discussion ensued. Opportunity afforded to board members to discuss opinions. Moved and Approved Discussion had on May 2019 Motion on G/NP Rate. Motion to terminate/strike this prior Motion in light of the Board’s new decision. Moved and Approved. NEW BUSINESS: 1. Honorary Lifetime Membership Application: Review and take action on Honorary Lifetime Membership Application for Hercules Paul Zagoras. Motion for Paul Zagoras, who is retired (and no longer on the active roll of attorneys) to pay $0 for an Honorary Lifetime Membership. Moved and Approved. 2. Change date of August BOD Meeting to August 22: Discuss moving the date of the August Board meeting

to August 22, from the 15. Motion to move next Board of Directors Meeting from August 15th to August 22nd. Moved and Approved. FURTHER DISCUSSIONS: • Discussion on Appellate Justice Reception; • Discussion on upcoming Civil Trial Seminar & Golf Outing; • Discussion on potential candidates for Bylaw Subcommittee; • Discussion on potential Strategic Planning committee; • Discussion on Dues in/ not in; • Discussion on Young & New Lawyers June event; • Discussion on future Criminal Law Seminar; • Discussion on spam emails that appear to be from Board Members. Motion to adjourn: Passed at 1:08 Next Board Meeting Date: August 15 or 22

September 2019 25

Expectations

et me begin by expressing my sincere gratitude and by saying thank you to you for renewed your membership with the Lake County Bar Association for the 2019-2020 year. I’ve talked about it in a previous issue, but it’s worth saying again, as a membership-based organization, our strength and value comes from our members. The more active and involved members we have, the stronger our organization is providing greater value and benefits to you and the legal community as a whole. So, a huge THANK YOU to you! Those members who did not renew as of August 31 likely will not see this issue as they have been suspended. If someone mentions to you that they did not receive a Docket this month, please encourage them to contact the LCBA office to see if their membership is current. If you’re reading this, I’m likely preaching to the choir, but let’s talk briefly about expectations. What do you expect from

26 The Docket

your membership? What do you expect to happen now that you’ve renewed your membership, or just joined? And most importantly, what are you willing to do, or contribute to receive what you expect? The most frequent reason given for not renewing is no benefit. A week ago, I had a conversation with a member who did not renew this year. He told me he didn’t receive benefit and suggested that we should conduct more CLE programs. I asked him if he attended the CLE Buffet we held in May. He did not. I asked him if he attended the Family Law Conference in April. No. Did he attend any of the free Brown Bag Lunches we held throughout the year? He attended one. The point became obvious to him that he did not take advantage of the many opportunities available to him. He still decided not to renew. What were his expectations? I like to refer to this as the Gym Membership Syndrome. Some people join a gym with great

In the

Director’s Chair

expectations of getting in shape and losing weight. However, they never or very rarely go. A year later they don’t renew blaming the gym for not helping them get in shape. We fully understand that you expect to receive benefits from your membership. We (staff, Board and Committee Chairs) are continuously looking for ways to provide greater and new benefits. We expect you to share any suggestions and ideas you might have on how we can provide greater benefit to you and others. We also expect that you will pay attention to information sent to you from the Association and Foundation. Our quickest and most efficient means of communicating with the membership is via email. So we expect that when you see an email arrive from the Lake County Bar Association or Foundation, that you will

BY DALE PERRIN EXECUTIVE DIRECTOR take at least 10 seconds before the day’s end to see what it is. If it’s of no interest, delete it. If it is of interest, and let’s say it’s promoting an event that requires registration or to RSVP, take care of it right then and there. Registering for any event generally takes less than a minute. Let me finish by encouraging you to purchase one or more tickets for the Bar Foundation’s Cabo Raffle. For only $25 you could win a week’s stay in the Presidential Suite at the all-inclusive and beautiful Pueblo Bonito Sunset Beach Resort & Spa (airfare not include). The winning ticket will be drawn at the LCBA Holiday Party on December 6 (mark your calendar). You do not have to attend to win. Tickets are $25 each or $100 for a pack of 5. Call or stop in the LCBA office anytime to purchase your tickets before they are all sold.

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September 2019 27

Bar

Bulletin Board

Monthly

Committee Meetings

DAY

MEETING

LOCATION

TIME

1st Tuesday

Diversity & Community Outreach

LCBA

12:15-1:15

1 Thursday

Real Estate

Primo, Gurnee

5:30-6:30

Editorial 1st Thursday (Odd Mo.) Docket Committee

LCBA

12:15-1:15

2nd Tuesday

LCBA

12:15-1:15

LCBA

4:30-5:30

Criminal Law

2nd Tuesday (Odd Mo.) Immigration 2nd Wednesday

Family Law Advisory Group (FLAG)

LCBA

12:00-1:00

2nd Wednesday

Civil Trial and Appeals

LCBA

4:00-5:00

2 Thursday

Young & New Lawyers

TBD

5:30-6:30

3rd Tuesday

Local Government

LCBA

12:15-1:15

3rd Tuesday

LCBF Board of Trustees

LCBA

4:00

3rd Wednesday

Debtor/Creditor Rights

Varies

5:30-6:30

3rd Wednesday

Family Law

C-105

12:00-1:00

3nd Wednesday

Trusts and Estates

LCBA

12:15-1:15

3 Wednesday (Odd Mo.) Employment Law

Varies

5:15-6:15

3rd Thursday

LCBA

12:00 noon

LCBA Board of Directors

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

28 The Docket

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

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

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September 2019 29

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

MEMBER RECEPTION October 24, 2019 4:30 - 6:30 p.m. Join us after work to network with fellow members at the LCBA Member Center. Sponsored by

Help celebrate 100 years with Fuqua Winter Ltd.

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.