Two Great ISBA Member Benefits Sponsored by
A Value of $1,344, Included with Membership

The ABA Futures Initiative and the association's Center for Innovation have created ImmigrationJustice.us, a portal for attorneys and others responding to President Trump's executive order on immigration (now stayed by a restraining order). People interested in volunteering legal or language expertise can sign up there to work on behalf of affected immigrants. Attorneys and others can also find information on the travel ban and other immigration-related issues, such as habeas corpus and detention. Find our more from the ABA Journal.

Another new website, Airport Lawyer, connects travelers affected by President Donald Trump’s travel ban with free lawyers who can help them. The ABA Journal has more.


Don’t miss ISBA’s 8th Annual Animal Law Conference in Chicago or via live webcast on March 3, 2017. It features not only the leading areas of interest in the day-to-day practice of law concerning animals, but also avails the attendee of some of the nation’s top experts in specific animal law areas. Family law attorneys, municipal law practitioners, local government counsel, and animal law lawyers – with all levels of practice experience – who attend this seminar will better understand: how animal law and environmental law areas intersect; what animal law can learn from environmental law; what Chicago Tribune reporters David Jackson and Gary Marx learned during their research on agricultural animal abuse in Illinois; the controversy between community cat advocates and environmentalists concerned with the predatory nature of cats; how mediation can help address the family pet and family farm issues that can arise during a divorce; the current state of affairs on animal crime prosecution in Illinois; how prepared Illinois is to protect our pets during a natural disaster, as well as the legal considerations of disaster response for animals; the ethical issues that can arise in animal law cases; and much more!

The seminar is presented by the ISBA Animal Law Section and qualifies for 7.0 hours MCLE credit, including 2.0 hours Professional Responsibility MCLE credit (subject to approval).

Click here for more information and to register.


Effective March 3, the Illinois Supreme Court appointed David W. Dugan  to fill the Third Judicial Circuit Court vacancy created by the election of the Hon. John B. Barberis, Jr. to the fifth district appellate court. The appointment terminates December 3, 2018.


ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers administrative review, the Open Meetings Act, the Veterans and Servicemembers Court Treatment Act, collections, the Rent Control Preemption Act, the Guardians for Adults with Disabilities Article of the Probate Act of 1975, and the Illinois Administrative Procedure Act.

More information on each bill is available below the video.


Chief Judge Diane P. Wood of the United States Court of Appeals for the Seventh Circuit recently announced the appointment of Stephen R. Welby as Federal Public Defender for the Southern District of Illinois headquartered at East St. Louis.

Welby earned his bachelor’s degree from St. Mary’s University in San Antonio, Texas and his law degree from Washington University School of Law in St. Louis, Missouri where he was on the Washington University Law Review and the Jessup International Moot Court team. He was both Order of the Coif and Order of the Barristers. He is admitted to practice law in Illinois and Missouri.

He has been in private practice focusing on criminal law for the last 13 years. Prior to that he was an Assistant United States Attorney in the Eastern District of Missouri.

Welby has been a guest lecturer in ethics classes at Washington University School of Law and at the FBI Academy in Quantico. He is on the Criminal Justice Act panel of lawyers for the United States District Courts for the Southern District of Illinois and the Eastern District of Missouri. He has been on the planning committee for the Eastern Missouri Criminal Justice Act Panel Annual Training Seminar and was a past Member of the Eastern Missouri Magistrate Judge Selection Panel.

He is a member of the Illinois Bar Association, Missouri Bar Association, National Associations of Criminal Defense Lawyers, Missouri Association of Criminal Defense Lawyers, Bar Association of Metropolitan St. Louis and National Trial Lawyers. He has served as district chairperson and member of the board of directors for the Boy Scouts and was involved in starting five new Cub Scout packs in economically-challenged areas of St. Louis.


LAND OF LINCOLN LEGAL ASSISTANCE FOUNDATION, INC.

NOTICE OF JOB OPPORTUNITY

POSITION: STAFF ATTORNEY at the Northern Regional Office of Land of Lincoln Legal Assistance Foundation.

RESPONSIBILITIES: Representation of low-income persons in routine and complex family law litigation, particularly for victims of domestic violence, represent homeowners who need legal assistance to avoid foreclosure.

QUALIFICATIONS: Admission to the Illinois Bar and demonstrated commitment to the representation of low-income individuals. Prior legal services or clinical work experience strongly preferred.

PROGRAM DESCRIPTION: Land of Lincoln Legal Assistance Foundation is a non-profit organization which provides free legal services to low-income individuals in central and southern Illinois.  The program has a strong history of high quality and innovative advocacy for its clients. The Northern Regional office is located in Springfield, Illinois.

SALARY: $45,000+ with license (depending on experience).  Excellent fringe benefits.

APPLICATIONS: Send resume, letter and writing sample to:

Lauren J. Pashayan, Managing Attorney

Land of Lincoln Legal Assistance Foundation, Inc.

3085 Stevenson Drive, Suite 202

Springfield, Illinois 62703

217-529-8400

lpashayan@lollaf.org

EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER


Third Vice-President   (1 to be elected; 2 candidates)

  • Lisa M. Nyuli      1
  • Dennis J. Orsey      2

A proposed bill that is an initiative of the ISBA's International and Immigration Law Section Council would amend the Code of Criminal Procedure to improve compliance with a current law that requires judges to notify defendants of the immigration consequences of guilty pleas. The current law, found at 725 ILCS 5/113-8, requires judges to advise defendants that a misdemeanor or felony conviction may result in deportation, exclusion from admission to the United States, or denial of naturalization. However, since the law's adoption in 2004, it has been unevenly applied across Illinois courts.

In some cases, the required admonition is simply posted in courtrooms. In others, it may be contained in written agreements in court orders. It has not been uniformly given from the bench.

In 2009, the Supreme Court of Illinois found that the statute was directory, not mandatory. See People v. Del Villar (2009). The court reasoned that because the law does not provide a consequence for non-compliance, it is not truly mandatory.

The proposed legislation will add a consequence for non-compliance to make the law mandatory under the Del Villar standard. A defendant who is not given the admonition and who would risk deportation, exclusion, or denial of naturalization as a result of a guilty plea would be entitled to move to vacate the judgment, withdraw the guilty plea, and instead enter a plea of not guilty. Find out more about this and other ISBA-backed legislative proposals in the February Illinois Bar Journal.


Chicago lawyer and ISBA Construction Law Section Council member Margery Newman discusses the Illinois Mechanics Lien Act. For the definitive resource on mechanics lien practice, see Turner on Illinois Mechanics Liens.


Asked and Answered

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

Q. We have a 25-attorney firm based in San Antonio, Texas. We have 15 equity partners. We are equal partners and have equal ownership interests. Our partners are paid based upon ownership shares. Thus, each is paid the same. The system has worked well for us for many years and has supported our team-based collaborative culture. However, we are having issues with non-productive partners, and some of the productive partners feel that the compensation system is no longer fair. Some of the partners have suggested that we move to a formulaic system. Other partners in the firm feel that such a system would destroy the collaborative culture we have built. We appreciate your thoughts.