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Practice News

The Hon. Marianne Jackson, associate judge of Cook County, has been appointed Circuit Judge of Cook County, 7th Subcircuit. This vacancy was created by the death of the Hon. Anthony L. Burrell is effective Nov. 7, 2014 to Dec. 5, 2016.

Asked and Answered

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

Q. I am the managing partner of a 5 attorney general practice firm in Kansas City, Missouri. My book of business is down and I have been considering taking on insurance defense work. During the past year I had the opportunity of working as co-counsel on a couple of insurance defense matters and enjoyed the experience and the work. It seems to me that representing insurance companies would represent a steady flow of work. I would appreciate your thoughts.

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.

CIVIL

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.

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.

Next training cycle begins November 5

Volunteer hotline attorneys wanted to give advice to low-income clients in the areas of landlord/tenant, consumer debt, and family law. Day and night shifts are available. Daily hotline shifts are Mondays-Fridays 9 a.m.-1 p.m. or 1 p.m.-5 p.m. A minimum commitment of 1 shift per week over a 10-week session is requested. Evening shifts are Mondays and Wednesdays from 5:30 p.m.–8 p.m. We seek a minimum commitment of 36 hours over a one-year period. Training (with CLE credit) and malpractice insurance provided.

Our next training cycle begins Wednesday, November 5, 2014 from 4 p.m.-8 p.m. For more information, contact Leslie Wallin at 312/421-4427 or lwallin@carpls.org or go to http://www.carpls.org/getinvolved/hotlinevolunteer/

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 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.