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Illinois Supreme Court

Illinois Supreme Court Justice Rita B. Garman announced Friday the formation of a judicial screening committee to help fill a vacancy in the Seventh Judicial Circuit. Justice Garman established the screening committee to assess the qualifications of those persons who have applied for appointment to the Circuit Court vacancy created by the appointment of Judge Thomas Appleton to the Fourth District Appellate Court in June. Under the Illinois Constitution, the vacancy will be filled by Supreme Court appointment. After the committee has received public input, gathered information and interviewed each of the applicants, it will report its findings to Justice Garman, who will make a recommendation to the Supreme Court from among those applicants submitting their credentials to the committee. The person appointed will serve until the General Election to be held in November 2012.
The Administrative Office of the Illinois Courts announced Monday that the Fifth Judicial Circuit judges voted to select Derek J. Girton and Karen E. Wall as associate judges of the Fifth Judicial Circuit. Mr. Girton received his undergraduate degree in 1988 from Pennsylvania State University in University Park, and his Juris Doctor in 1993 from Ohio Northern University in Ada. Mr. Girton has been affiliated with Acton & Sndyer, LLP in Danville. Ms. Wall received her undergraduate degree in 1994 from Illinois State University in Normal, and her Juris Doctor in 1997 from John Marshall Law in Chicago. Ms. Wall has been affiliated with Spiros & Wall, P.C. in Danville.
The Administrative Office of the Illinois Courts announced today that John M. Madonia, received a majority of the votes cast by the circuit judges in the Seventh Judicial Circuit and is declared to be appointed to the office of associate judge. Mr. Madonia received his undergraduate degree in 1994 from the University of Illinois in Urbana, and his Juris Doctor in 1997 from the University of Illinois in Urbana. Mr. Madonia is currently engaged in solo practice in Springfield, Illinois.
The Illinois Supreme Court has recalled retired Associate Judge Charles J. Gramlich effective August 2, 2010, to hold court in the Circuit Court of the Seventh Judicial Circuit through September 30, 2010.
The Rules Committee of the Illinois Supreme Court will hear comments at a public hearing on Wednesday, July 28 on three proposals dealing with discovery issues in civil cases. The hearing is scheduled to be held at 10 a.m., 160N. LaSalle Street, Room C-500 in Chicago. One of the proposals would allow a party's discovery deposition to be used as evidence at trial in "extremely limited" circumstances at the discretion of the trial judge. The proposal would amend Rule 212 to allow as evidence a party's discovery deposition if the party deponent is unable to testify at trial because of death or infirmity and the judge finds" such evidence will do substantial justice."
The Illinois Supreme Court on Tuesday appointed Associate Judge Richard A. Brown to fill the Circuit Court vacancy created by the retirement of Judge William A. Schuwerk Jr. The appointment is effective Wednesday, July 14. Judge Brown is a lifelong resident of Randolph County, served as the county’s public defender for 18 years, maintained a private law practice in the county for more than 25 years and has served as an associate judge since 2004. He has received excellent judicial advisory poll results conducted by the Illinois State Bar Association. Judge Brown is the only candidate seeking to succeed Judge Schuwerk, and will be unopposed on the November ballot. Supreme Court Justice Lloyd A. Karmeier made the recommendation to the full Court after Chief Judge C. John Baricevic of the 20th Circuit requested that the vacancy be filled before the election.
The Illinois Supreme Court has appointed Robert G. Gibson as Circuit Judge in DuPage County. Gibson replaces the Hon. Perry R. Thompson, who is retiring. The appointment is effective Aug. 2 and terminates on Dec. 3, 2012.

CRIMINAL

People v. Boeckmann

By Kerry J. Bryson, Office of the State Appellate Defender These consolidated cases involved a constitutional challenge to Section 6-206(a)(43) of the Illinois Vehicle Code, the statutory provision which requires suspension of driving privileges for 90 days for any person receiving court supervision for unlawful consumption of alcohol under 21 years of age. The circuit court held that the statute, as applied, violated due process because a vehicle was not involved in the commission of the offense. The Supreme Court disagreed. The purpose of 6-206(a)(43) is to "promote the safe and legal operation and ownership of motor vehicles." Suspension of driving privileges bears a rational relationship to that purpose because "young people who have a driver's license and consume alcohol illegally may also drive after consuming alcohol regardless of whether a motor vehicle is involved." And, the suspension of driving privileges is a reasonable method of furthering the public interest in safe and legal operation of motor vehicles, despite the absence of a vehicle or any plan to drive. So, for persons under 21, it doesn't matter if a vehicle is involved in the commission of the offense of unlawful consumption of alcohol. It doesn't even matter if a person under 21 who commits the offense of unlawful consumption of alcohol contemplates driving or not.
The Illinois Supreme Court has appointed Brendan A. Maher as Circuit Judge of the 17th Judicial Circuit, Third Subcircuit, Judgeship A. This appointment is effective Aug. 2, 2010 and terminates on Dec. 3, 2012.
Justice Rita B. Garman of the Supreme Court of Illinois has begun an application process for a Circuit Court vacancy in the Seventh Judicial Circuit. The vacancy was created by the appointment of Justice Thomas R. Appleton to the Fourth District Appellate Court on June 4, 2010. Justice Appleton has been an at-large Circuit Judge in Springfield since 1992. Under the Illinois Constitution, judicial vacancies are filled by Supreme Court appointment. The application process will lead to final Court approval. The applicants will undergo an evaluation and screening process. Notices of the vacancy has been posted in courthouses throughout the Circuit. The application form and instructions may be obtained by visiting the Illinois Supreme Court’s website at www.state.il.us/court and follow the instructions on the “Latest News” scroller announcing the Seventh Judicial Circuit vacancy. Applications must be submitted via mail to:
  • Supreme Court of Illinois
  • 3607 North Vermilion, Suite 1
  • Danville, Illinois 61832
No electronic or facsimile applications will be accepted. Deadline for submission of applications is Friday, July 16, 2010. The person appointed to fill the vacancy will serve until the position is filled by election in November, 2012. To be eligible for consideration for appointment, the applicant must be a lawyer licensed to practice law in Illinois. The Seventh Judicial Circuit is comprised of six counties: Greene, Jersey, Macoupin, Morgan, Sangamon and Scott counties.