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Illinois Supreme Court

Amendment to Supreme Court Rule 39 takes effect Sept. 1, 2015

The Illinois Supreme Court has announced a rule change that will allow associate judge applicants to submit their documents electronically.

The change does not require applicants to electronically submit their applications and supporting documents. The Administrative Office of the Illinois Courts (AOIC) will continue to accept paper copies of applications.

“Allowing electronic applications for those seeking associate judgeships is the latest step in the Court’s continuing effort to utilize technology to make the entire judicial process more efficient and accessible," Chief Justice Rita B. Garman said.

"Recent applicants for vacant judgeships have told us that the current paper-based application system is cumbersome and costly, and this amendment to Rule 39 is responsive to their input. In addition, the electronic application process will benefit not only those individuals who apply for associate judgeships, but also the judges who review the applications.”

Prior to the amendment, those seeking to apply for appointment to an associate judge vacancy in Illinois had to go the Supreme Court's website, download a 16-page PDF application, fill in the blanks, sign it, print it and then mail or hand-deliver two signed, original applications to the AOIC.

Starting on Sept. 1, applicants will be able to electronically sign their applications and securely email them to the AOIC.

"By allowing an application to be electronically completed and emailed to the Administrative Office, it will streamline and improve the process for applicants; and in turn will greatly reduce the amount of paper used," AOIC Director Michael J. Tardy said.

Chief Justice Rita B. Garman and the Illinois Supreme Court have announced the appointment of Appellate Court Justice Mary K. Rochford as the new Chair of the Commission on Access to Justice.

Justice Rochford's appointment took effect July 6 and will terminate on June 15, 2017. She replaces Bloomington attorney Timothy W. Kelly, who resigned as Chair on July 6. Mr. Kelly will continue to serve on the Commission as a member.

The Illinois Supreme Court Rules Committee will hear comments July 22 at a public hearing in Chicago on several proposals, including one calling for changes to the rules that govern the legal profession and another seeking to use a word count instead of a page limit to regulate the length of appellate briefs.

The Illinois Supreme Court has announced the formation of a Committee on Equality, charged with promoting equality and fairness in all aspects of the administration of justice in Illinois Courts.

The Committee on Equality will consist of 15 judges and attorneys appointed by the Supreme Court. The membership of the Committee will reflect the diversity of the State of Illinois itself, based on age, race, gender, and background, as well as including members from urban, suburban, and rural parts of the state.

Chief Justice Rita B. Garman and the Illinois Supreme Court announced on Wednesday changes to a rule that will now require attorneys to register online each year.

Under Amended Supreme Court Rule 756, attorneys will also have to provide specific practice-related information to the Illinois Attorney Registration and Disciplinary Commission (ARDC).

The amendments to Rule 756, which governs the annual attorney registration process, will make Illinois one of at least seven states that will require the online submission of registration data by next year. At least a handful of states already mandate lawyers to do so.

ARDC Administrator Jerome Larkin said while 81 percent of Illinois' approximate 95,000 attorneys registered online this year, the rule's mandate for online registration will allow the ARDC to collect practice-related information from all lawyers, not just those who provide it voluntarily.

Historically, lawyers have been required to provide an address and telephone number for inclusion on their public listing on the Master Roll. With the amendments, an attorney will also have to furnish to the ARDC a residential address; the name of all other states in which he or she is licensed to practice law; the type of entity at which the attorney practices; the number of lawyers working there; the areas of law the lawyer primarily practices; and whether that organization has created a written succession plan.

"The disclosure of practice-related demographic information will allow us [the ARDC] to better understand lawyers' practices," Mr. Larkin said. "We'll be able to target our educational and regulatory resources to lawyers and assess whether those approaches are working."

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases Marks v. Vanderventer, McVey v. M.L.K. Enterprises, LLC, Turcios v. The DeBruler Company and Warren County Soil and Water Conservation Dist. v. Walters and the criminal cases People v. Allen, People v. Gaytan and People v. Kuehner.

CIVIL

Marks v. Vanderventer

By Karen Kies DeGrand, Donohue Brown Mathewson & Smyth, LLC

Here the Illinois Supreme Court overturned the trial court’s rulings that held unconstitutional a $10 surcharge collected by a county recorder of deeds as set forth in the original and amended versions of state legislation primarily aimed at funding the Rental Housing Support Program, which the General Assembly created to help local governments address the shortage in the state of affordable, decent rental housing. The circuit court certified a class of plaintiffs required to pay the fee for recording real estate-related documents and a class of defendants consisting of the county recorders of deeds throughout the state.

The Supreme Court of Illinois announced the filing of lawyer disciplinary orders on May 14, 2015, during the May Term of Court. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.

DISBARRED

  • Karim G. Dure, Evanston

Mr. Dure, who was licensed in 1999, was disbarred on consent. He pled guilty to a federal criminal indictment charging him with wire fraud. Mr. Dure participated in a scheme to fraudulently obtain mortgage loan funds from a lender for use in a client’s purchase of two Chicago properties. Mr. Dure assisted the client in making misrepresentations to the lender regarding the client’s assets.

  • Deeba Khursheed Mallick, Arlington, Va.

Ms. Mallick, who was licensed in 2006, was disbarred on consent. She pled guilty to a federal charge of misprison of felony. In her plea agreement, she admitted that, while holding various roles at Gallant Pharma International, Inc., including office manager, she identified prospective customers for misbranded, non-FDA approved drugs and arranged for the importation and distribution of those drugs. The imported drugs included injectable chemotherapeutic agents, injectable cosmetic fillers, and injectable agents used to treat side effects of chemotherapy, many of which were subject to federally-mandated strict temperature controls which were not complied with by Gallant. She was sentenced to a nine-month prison term. She was suspended on an interim basis on February 27, 2015.

Chief Justice Garman with her "Spirit of Lincoln Award"
Chief Justice Garman with her "Spirit of Lincoln Award"
The Abraham Lincoln Association (ALA) awarded Illinois Supreme Court Chief Justice Rita B. Garman with its first-ever “Spirit of Lincoln Award”. The award was established to recognize individuals who have displayed the spirit of Abraham Lincoln in their professional careers for the betterment of humanity. The award was presented by Robert A. Stuart, Jr., President of the ALA, at the Sangamon County Bar Association Law Day luncheon. The award itself is a bust of Abraham Lincoln by Illinois sculptor John McClarey specifically created for this award.

President Stuart stated that in President Lincoln’s legal career he represented integrity, professional ability, reverence for the law, fair mindedness, professional neutrality, goodwill and collegiality. The ALA believes that Judge Garman has upheld these principles as the longest-serving female judge and the second-longest serving judge in Illinois. She also has received a lifetime achievement award from the Illinois Judges Association and she was named Person of the Year by Chicago Lawyer magazine in 2013.

President Lincoln and his administration were the force behind many laws that Americans still feel the effects of today. The fact that he worked to improve the lives of Americans through legislation while serving as commander-in-chief during the Civil War inspired a committee of the ALA board members to create this annual award.

The Illinois Supreme Court overturned the 2013 pension law on Friday, ruling it unconstitutional. Justice Karmeierdelivered the judgment of the court, with opinion. Chief Justice Garman and Justices Freeman, Thomas, Kilbride, Burke, and Theis concurred in the judgment and opinion, which can be found at http://illinoiscourts.gov/Opinions/SupremeCourt/2015/118585.pdf

ISBA President Richard D. Felice (left) delivered remarks at the 1st District Admission Ceremony in Chicago and is pictured with (from left) new admittee Kevin Fritz, Illinois Supreme Court Justice Charles Freeman and Illinois Appellate Justice Cynthia Cobbs.
ISBA President Richard D. Felice (left) delivered remarks at the 1st District Admission Ceremony in Chicago and is pictured with (from left) new admittee Kevin Fritz, Illinois Supreme Court Justice Charles Freeman and Illinois Appellate Justice Cynthia Cobbs.
Justices of the Illinois Supreme Court administered the attorney’s oath to 600 new attorneys on Thursday, May 7 at five separate locations across the state.

The largest group, 403, were admitted in the First Judicial District during three ceremonies at the James R. Thompson Center Assembly Hall, 100 W. Randolph St. in Chicago. The ceremonies were held at 9 a.m., 11:30 a.m. and 2:30 p.m.

Justice Anne M. Burke presided over the 9 a.m. ceremony in the First District. Guests of the morning ceremony included Thomas A. Clancy, of the Illinois Board of Admissions to the Bar; Celestia L. Mays, president of the Cook County Bar Association; and Anita DeCarlo, president of the Justinian Society who moved for admission of the class.

Justice Charles Freeman and Appellate Justice Cynthia Cobbs presided over the 11:30 a.m. ceremony. Guests of the second First District ceremony included: Sheila B. Kennedy, of the Illinois Board of Admissions to the Bar; Illinois State Bar Association President Richard D. Felice; and John Litchfield, president of the Lesbian and Gay Bar Association.