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Our panel of leading appellate attorneys review Friday's Illinois Supreme Court opinions in the civil cases Hayashi v. Illinois Department of Financial & Professional Regulation and Lake County Grading Co. v. Village of Antioch and the criminal case People v. Patterson.


Hayashi v. Illinois Department of Financial & Professional Regulation

By Alyssa M. Reiter, Williams, Montgomery & John Ltd.

The plaintiffs in this case were physicians whose health care licenses were permanently revoked based upon prior convictions for battery or criminal sexual abuse of their patients.  They argued that section 2105-165 of the Department of Professional Regulation Law, which was the basis for the revocation, did not apply to people whose convictions predated the Act, that the Act was impermissibly retroactive, and that the enforcement violated various state and federal constitutional provisions.

The Supreme Court found “no merit” in any of plaintiff’s claims. The Court affirmed the dismissal of plaintiffs’ complaints for declaratory and injunctive relief.

Section 2105-165 was enacted in 2011. It mandates permanent revocation, without a hearing, of the license of a health care worker who has been convicted of certain types of criminal offenses, such as “Sex Offender” offenses. Each of the plaintiffs had been convicted, before 2011, of the types of offenses included within the Act.

The Court held that the language of the Act, which provides that revocation applies when a health care worker “has been convicted,” indicated that the Act was intended to apply to convictions that predated the Act.

Chief Circuit Judge John T. Elsner is pleased to announce that following a tabulation of ballots by the Administrative Office of the Illinois Courts, the Circuit Judges of the 18th Judicial Court, DuPage County, have appointed Ann Celine O'Hallaren Walsh to the position of Associate Judge.

She fills the vacancy created by the retirement of Associate Judge Patrick J. Leston.

Ms. O'Hallaren Walsh received her J.D. from Chicago Kent College of Law in 1998 and is currently the Supervisor of the Sex Crimes/Domestic Violence and Child Abuse Unit for the DuPage County State's Attorney's Office. She is an active member of the DuPage County Bar Association, the Illinois State Bar Association, DuPage Association of Women Lawyers and Illinois Prosecutors Association.

It's no secret that some divorce seekers meet with a lawyer at every high-profile matrimonial firm in town for one reason -- to take those firms out of the case. "What should a lawyer and judge do when confronted with a litigant who has interviewed many attorneys in a field and now attempts to disqualify all those he does not retain from representing his opponent?"

That's the question David W. Inlander and Deborah Jo Soehlig address in the latest ISBA Bench and Bar newsletter. They analyze Illinois Rule of Professional Conduct 1.18, "Duties to Prospective Client," and look at how it can allow a would-be disqualified firm to represent the opposing party if "potentially disqualified attorneys within [the firm are] properly screened and take no share of the fee." Read their article.

Q.  I was appointed as the receiver of a recently deceased lawyer’s files. What are my duties?

A.  IRPC 1.3, Comment [5] suggests that lawyers prepare a plan that designates another competent lawyer to review their files in case of death or disability. If no other lawyer is appointed, Illinois Supreme Court Rule 775 allows the presiding judge in the judicial circuit to appoint a receiver. The duties of the receiver include taking custody and making an inventory of files; contacting clients; take steps to sequester funds; and take whatever action necessary to protect the interests of the attorney, his clients, and other parties.

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

Tim Bertschy
Tim Bertschy
Heyl Royster announces that ISBA Past President Tim Bertschy has succeeded Gary Nelson as the firm’s Managing Partner. Mr. Nelson will continue at the firm as a shareholder and a member of the firm’s Executive Committee.

“Tim and I have worked closely together during the past few years, and I have great confidence that he will succeed in his new role,” said Mr. Nelson. “His vision for the firm has made it a seamless transition.”

Mr. Bertschy, who also serves as the chair of the firm’s Governmental and Business & Commercial Practices, said, “I’m honored to have the opportunity to serve Heyl Royster and its wonderful, hardworking team of attorneys during this period of unprecedented growth for the firm.”

Richard Felice, president of the Illinois State Bar Association (ISBA) said “Tim is well deserving of this opportunity. When he served as ISBA president, he did a great job. Two things I must say about Tim is that he has a reputation as a great attorney and he is an advocate for his clients. He also has a wonderful way with people.”

Asked and Answered

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am the managing partner of a 14 attorney business law firm in Baltimore, Maryland. Our marketing committee has been discussing marketing initiatives and is planning on a client service initiative. Where do you suggest that we start?

The DuPage Chapter of the Justinian Society of Lawyers is hosting its annual Charity Ball on Friday, Oct. 24. The fundraiser will benefit the Ronald McDonald House currently under construction on the Central DuPage Hospital campus in Winfield.

Tickets are $125 each. The event will be begin at 6 p.m. at Ashton Place Banquets, 341 75th Street in Willowbrook. Costume or Black tie optional.

For more information, please contact Ginger Stevenson at (630) 910-6400 or or Maria T. Mack at (630) 852-1100 or

The Illinois Supreme Court announced on Tuesday that its standards and principles on electronic filing have been amended and expanded to allow trial courts in Illinois to begin electronic filing of court documents in criminal and traffic cases.

"I wholeheartedly support the increased use of technology in our courthouses and courtrooms," Chief Justice Rita B. Garman said. "Amending our electronic filing standards will streamline the system and increase its efficiency by expanding the types of cases that can be e-filed, generating savings to the taxpayer and conserving environmental resources."

This e-filing expansion also will greatly benefit counties that would implement an e-Traffic Citation program along with e-filing, allowing participating counties to eliminate the need to transmit the paper copy of the e-Citation, which makes up the highest volume of filed documents.

Originally, electronic filing in Illinois circuit courts began in September 2002, when the Supreme Court approved e-filing of civil case court documents as a pilot program. That program took effect January 1, 2003. During that time, a total of five counties were approved to operate e-filing pilots: Cook, DuPage, Madison, St. Clair, and Will.

In October 2012, the Supreme Court announced new statewide standards and principles that completed the pilot stage of civil case e-filing in Illinois' circuit courts. The new standards and principles permit and encourage all circuit court clerks, in partnership with the chief circuit judge, to apply for approval for permanent and on-going e-filing procedures.

Michael J. Tardy, Director of the Administrative Office of the Illinois Courts, announced today that the Twenty-Third Judicial Circuit judges voted to select Philip G. Montgomery and Joseph R. Voiland as associate judges of the Twenty-Third Judicial Circuit.

Mr. Montgomery received his undergraduate degree in 1984 from Eastern Illinois University in Charleston, and his Juris Doctor in 1987 from Drake University in Des Moines, Iowa. Mr. Montgomery is currently affiliated with the DeKalb County State's Attorney's Office in Sycamore.

Mr. Voiland received his undergraduate degree in 1974 from Washington State University in Pullman, Washington and his Juris Doctor in 1977 from Loyola University in Chicago. Mr. Voiland is currently engaged in solo practice in Yorkville and as a bankruptcy trustee with the U.S. Department of Justice in Chicago.

See a photo gallery from the event at