THE CBA, CBF AND COOK COUNTY CIRCUIT COURT GO TO THE WHITE HOUSE FOR ACCESS TO JUSTICE

At the White House with
Judge Dorothy Kinnaird (left)

This morning Presiding Judge Dorothy Kinnaird of the Circuit Court of Cook County and I attended a special White House briefing on initiatives to increase access to justice coordinated by the Department of Justice’s Access to Justice Task Force and Vice President Joe Biden’s Middle Class Task Force. The CBA was invited to participate in the briefing because of our participation in a new lawyer referral program coordinated by the American Bar Association to provide referrals to lawyers qualified to represent workers in wage disputes under the FLSA. Judge Kinnaird, who was accompanied by Carina Segalini, administrator of the Circuit Court’s foreclosure mediation program, was invited because of the Court’s pioneering foreclosure mediation program. The Chicago Bar Foundation (CBF) was a key partner in the development of the mediation program and coordinates the program's legal assistance and mediation aspects.
 

Professor Laurence Tribe, Special Counsel on Access to Justice issues, kicked off the event, telling us that we must see access to justice “not only as a snapshot that we view from 35,000 feet, but as it is lived day to day.” He stressed the need to form new innovative, community-based initiatives, like the mediation foreclosure program and the lawyer referral program, to increase real access to justice not only to the indigent, but to Americans who need affordable legal services. 



Vice President Joseph Biden



Vice President Biden followed Professor Tribe, and declared that all individuals should be treated the same in the eyes of the law, which means that we have to ensure that every American has real access to justice. This is increasingly a problem for middle income Americans – 60% of judges responding to a recent study reported that they have more pro se litigants in their courtrooms this year than last year. The Vice President announced three initiatives developed jointly by his office, the DOJ, the Department of Labor, the Office of Veterans’ Affairs and the Federal Trade Commission:

 - Providing referrals to affordable legal services to protect workers’ rights

- Helping veterans get access to their benefits

- Assisting homeowners at risk of losing their homes in foreclosure


From left, American Bar Association President-Elect Bill
Robinson, me, Judge Kinnaird, and Jack Rives



As the Vice President put it, “you have to know what you need to know,” and that is difficult for most Americans without the help of a lawyer.

Panel presentations followed on each of those initiatives, with speakers including Secretary of Labor Solis, ABA President-Elect Bill Robinson, and the CBA’s own John Levi of Sidley & Austin, Chairman of the Board of the Legal Services Corporation, who spoke about the LSC’s new veterans’ rights initiative. During the presentations, the Cook County foreclosure mediation program, the CBA Lawyer Referral System for Wage Claims, and the Legal Assistance Foundation of Metropolitan Chicago program on veterans' rights (a CBF grantee) were mentioned as leading programs in improving access to justice.



U.S. Attroney General Eric Holder



Attorney General Eric Holder wrapped up the event with a call to action to the private Bar, community organizations, the government and legal services organizations to work on these and other initiatives.

We all should be very proud of the efforts of the organized Bar, the Courts and the public interest community in Chicago for all we are doing to improve access to justice – and we must resolve to do even more!

For more about the programs visit the White House web site at
http://www.whitehouse.gov.blog/2010/11/19/helping-middle-class-families-pursue-justice

or read an article about the program at Legal Times web site.

http://legaltimes.typepad.com/blt/2010/11/preparing-to-step-down-laurence-tribe-announces-major-access-to-justice-initiatives.html

November 4th Address to New Members of the Bar

I had the honor today to address the new lawyers being admitted to the Illinois Bar at their swearing in ceremony at McCormick Place, Chicago. Here are my remarks.

To commemorate your admission to the Bar today, you will receive a beautiful certificate, bearing the signatures of the Justices of the Illinois Supreme Court.  That certificate is not just a license to start billing clients.

It is the badge of admission to a noble profession, and with membership in this profession come some obligations.  In the United States, only two professions are commonly referred to as “callings”: ministers are “called” to a church, and lawyers are “called” to the Bar. That similarity is not mere coincidence, because both professions are service professions.

I believe that to be “called” to the Bar means that we are called to serve the public. Our democracy is a nation of laws, and lawyers are entrusted with enabling the public to negotiate their way through those laws. You took an oath today to protect and defend the constitution. Those are not just empty words.

As members of the profession, we are called to work to establish good laws and, when needed, to change the law for the better of society. We are called to represent those who can’t afford to hire a lawyer, to take on positions of public service and to work for the improvement of the profession through the organized Bar.

Listen for your call. Maybe your call will come from a homeowner who risks losing his home in foreclosure. Maybe your call will come from a battered woman who needs a lawyer to help her get an order of protection. Maybe your call will come from a young boy or girl who has been charged with a crime.  Maybe it will come from a charity that needs help to set up a not-for-profit corporation.  But the call will come, and it is your professional obligation to respond.

We members and leaders of the organized Bar are here to help you. We will be your mentors, your teachers, your friends. We will help you respond to the call.

As Winston Churchill said: We make a living by what we get, but we make a life by what we give.

Listen for your call, give freely, and you will have made for yourself a good life.

Retirement Celebration for Chief Justice Thomas R. Fitzgerald

At the November 3rd luncheon to honor recently retired Chief Justice
Thomas R. Fitzgerald are, from left, me, Justice Lloyd Karmeir, Justice Rita
Garman, Chief Justice Fitzgerald, Justice Mary Jane Theis, Justice Robert
Thomas, Mark Hassakis, President of the Illinois State Bar Association.

On November 3, 2010, over 500 lawyers, judges and public officials gathered for lunch in the International Ballroom of the Chicago Hilton and Towers to pay tribute to Illinois Chief Justice Thomas R. Fitzgerald upon his retirement from public office. The event, sponsored by several Bar Associations and co-hosted by the Chicago Bar Association, the Illinois State Bar Association and John Marshall Law School, was a moving celebration of Chief Justice Fitzgerald’s career of service to the people of the State of Illinois.

Four sitting Illinois Supreme Court Justices -- Justice Mary Jane Theis, Justice Rita B. Garman, Justice Lloyd A. Karmeier and Justice Robert R. Thomas -- appeared and spoke about their friendship with and admiration for Chief Justice Fitzgerald. In addition, Chief Justice Thomas L. Kilbride, unable to attend the luncheon, sent remarks honoring his friend and colleague.

The Justice and me.

The Justices described Chief Justice Fitzgerald as a wonderful mentor, friend, story-teller and “judge’s judge” who always asks the probing question that gets right to the heart of a case. They described how Chief Justice Fitzgerald worked to achieve compromise on the Court, and how he led in the development of the new Illinois Rules of Evidence. Several speakers mentioned also the critical leadership role that Chief Justice Fitzgerald played on the Circuit Court of Cook County, taking the helm of a troubled Traffic Court reeling from the disclosures of corruption ferreted out during the Operation Greylord investigation in the 1980s.

Chief Justice Fitzgerald spoke of his sadness in leaving the bench and the work that he has loved, and quoted from Lou Gherig who famously said, “I am the luckiest man in the world.” He also joked that he did not understand why everyone was being so nice to him, as he no longer has the authority to appoint judges.

A standing ovation greeted the introduction of the guest of
honor. Appaluding the Justice are Judge William J. Bauer,
U.S. Court of Appeals for the 7th Circuit, and Justice Mary
Jane Theis, Illinois Supreme Court.

The luncheon was a fitting tribute to Chief Justice Fitzgerald for his many years of public service. My thanks to ISBA President Mark Hassakis, who served as my co-emcee for the luncheon, to the CBA Scales of Justice and CBA musicians Frank Cargill and Steve Thomas for performing, and to the following Bar Associations for sponsoring this wonderful event: Advocates Society; Arab-American Bar Association of Illinois; Asian American Bar Association; Black Women Lawyers Association; Chinese American Bar Association; Cook County Bar Association; Decalogue Society of Lawyers; Filipino-American Bar Association; Hellenic Bar Association; Hispanic Lawyers Association of Illinois; Illinois Native American Bar Association; Indian American Bar Association; Justinian Society of Lawyers; Korean American Bar Association; Lesbian & Bay Bar Association of Chicago; Muslim Bar Association of Chicago; Pakistani American Bar Association; Puerto Rican Bar Association and Women’s Bar Association of Illinois.

Vote For Qualified Judges

When you cast your vote on November 2 don't forget to vote for judges.

The CBA has evaluated all the candidates running in this election and has found four sitting judges "Not Recommended" for retention.

I urge you to vote "NO" for --

Punch # 243   Dorothy F. Jones
Punch # 255   William D. O'Neal
Punch # 267   Susan Jeanine McDunn
Punch # 335   Jim Ryan 

There are also five candidates seeking election to serve as judges who have been found "Not Qualified" by the CBA.

I urge you to vote "NO" for -

Punch # 85      Aurelia Marie Pucinski  (Running for the O'Malley vacancy
                       in the Appellate Court)

Punch # 95      Sandra G. Ramos (Running for the Riley vacancy
                       in the Circuit Court)

Punch # 97      Sharon Oden-Johnson (Subcircuit 1,
                      Running for the Steele vacancy)     

Punch # 98      Bonita Coleman-John (Subcircuit 1A)

Punch # 97      Steven James (Steve) Bernstein (Subcircuit 9A)  

For the full evaluation and recommendations of all the candidates running for judge in Cook County, click on the link below.  And remember to take these names and punch numbers with you into the voting booth when you cast your vote on Tuesday, November 2.

http://www.chicagobar.org/AM/Template.cfm?Section=Judicial_Evaluation_Committee&Template=/CM/HTMLDisplay.cfm&ContentID=5694

A Visit from the Paris Bar




From left are our host Bob Clifford, Vincent Canu, Jean Castelain, me,
Florence Achache, Helene Bornstein, and Laurent Martinet

This week we had the opportunity to visit with Batonnier Jean Castelain and several of the members of the Council of the Paris Bar, who were in Chicago for a conference hosted by Aon. The delegation, led by M. Castelain who is my counterpart as President, included Mme. Florence Achache, Mme. Helene Bornstein, M. Vincent Canu and M. Laurent Martinet.



CBA First Vice President Bob Clifford and his wife, Joan, welcomed the group, along with the CBA Executive Committee and several representatives of the CBA Young Lawyers’ Section, to their home for dinner. We had an evening of good conversation about our respective organizations, and issues facing lawyers in France and in the U.S.



Jill Eckert McCall, Chair of the CBA's
Young Lawyers Section chats
with Paris lawyer Vincent Canu.



The Paris Bar, like the Chicago Bar, has approximately 22,000 members. But Membership in the Paris Bar, unlike the Chicago Bar, is mandatory. The Batonnier not only serves as leader of the organization for policy purposes, but also oversees all disciplinary actions, client trust funds and disputes between clients and lawyers over fees. The position is a full-time job with a two-year term, really comparable to serving as CEO of a large not-for-profit organization. The position is not without its perks, however. M. Castelain told us that he has a private dining room near his office in the Ministry of Justice in the Palais de Justice on the Ille de la Cite in Paris (not far from the Cathedral de Notre Dame), complete with a private chef! We look forward to visiting M. Castelain’s offices the next time we are in Paris!

One of my initiatives as President has been to expand our relationships with the Bars of other metropolitan cities in the U.S. and abroad, with the hope that we will collaborate in developing educational programming and working on initiatives of common interest. We were honored to be able to show off Chicago to our good friends from Paris, and look forward to working with them in the future.





From left, host Joan Clifford, CBA 2nd Vice President
Aurora Abella-Austriaco, Jean Castelain of the Paris Bar
and host Bob Clifford.

 

CLE Program on Judicial Selection in Illinois

Prof. Dawn Clark Netsch

On October 5, 2010, the CBA played host to a well-attended and thought-provoking seminar on Judicial Selection in Illinois. The free program, for which three hours of Illinois ethics MCLE credit was available, covered the history of efforts in the state to introduce appointed/merit selection of judges, and featured stimulating panel discussions among current legislators, judges and senior members of the Bar about the best method for selecting judges. Over 270 people attended the program with another 60 accessing it online. It will also be available via archived webcast through http://www.chicagobar.org/.

 Professor Dawn Clark Netsch of Northwestern University Law School kicked off the program with a history of the development of Illinois constitutional law on judicial selection.

From left:  State Senator Dale Righter, State Senator Kwame
Raoul, State Representative Elaine Nekritz, State Senator Don
Harmon, State Senator Kirk Dillard, and Commissioner Larry
Suffredin at the podium.

Following Professor Netsch’s lecture, Cook County Commissioner Larry Suffredin moderated a lively panel discussion among State Senator Kirk Dillard, State Senator Kwame Raoul, State Representative Barbara Flynn Currie, State Senator Don Harmon, State Senator Dale Righter and State Representative Elaine Nekritz, as well as the Honorable Anthony L. Young. The broad-ranging discussion covered several possible approaches to improving the way we select judges, including public financing of judicial campaigns, legislating minimum qualifications for judicial candidates, whether judicial subcircuits are a help or a hindrance in improving the quality of the judiciary, the role of campaign contributions in judicial elections, and potential non-partisan election of judges. The views expressed on these issues were also wide-ranging. One thing was clear: while there have been many proposals in recent years, it will be an uphill battle to convince the Illinois legislature to change the current method of judicial selection, at least if the goal is to move entirely to an appointive/merit selection procedure.

Left to right: Paula Holderman, Judge Gino DeVito,
Justice Joy V. Cunningham, Judge William Cousins and
moderator Olivia Clarke

The judicial panel discussion that followed was even more lively. The panel, moderated by Chicago Daily Law Bulletin Editor-In-Chief Olivia Clarke, included Professor Ann Lousin of the John Marshall Law School, the Honorable Michael Hymen, retired Justice Gino DiVito, the Honorable Joy Cunningham, retired Justice William Cousins, and ISBA Third Vice President Paula Holderman. There was sharp disagreement among members of the Panel concerning whether diversity is better served by an elective or appointive system. Several of the panelists expressed concern about the role of campaign contributions in judicial elections, and several supported at least moving to a non-partisan election for judiciary positions – but others favored keeping popular elections under the current system.

The program, co-sponsored by the Chicago Bar Association, the Illinois State Bar Association and CourtCall, Craig & Craig, Dykema, Elite Deposition Services, Goldberg Weisman & Cairo, Hepler Broom LLC, Hinshaw & Culbertson LLP, The John Marshall Law School, Johnson & Bell Ltd., Jump & Associates PC,  McKenna Storer, Smith Amundsen, and Trial Graphix, hopefully will spur legislative activity to improve our method of selecting judges. The CBA and the ISBA have long supported moving to an appointive/merit selection process.



A crowd of 270 onsite participated in lively discussion with the panelists.



8 O'Clock Call

One thing I’ve always liked about the Chicago Bar Association is that it’s a place where lawyers can get to know Judges one-on-one, outside the formal, sometimes uncomfortable setting of the courtroom. Since 2006, the CBA has made it easy for members to get to know our local Judges by hosting a series of “8 a.m. Calls” -- short, informal question and answer panels on a Friday morning at 8 a.m., over in time to get us all off to court or to our offices by 9 a.m.

The 8 a.m. Calls give us a chance to ask Judges what they really think -- about trial lawyers, the court system, anything. At the Friday, Septemebr 24 8 O'Clock Call, we met with three Judges from the Law Division of the Circuit Court, Hon. James P. Flannery and Hon. Thomas L. Hogan of the Jury Trial Section, and Hon. Bill Taylor of the Individual Commercial Calendar Section. CBA Past President, Hon. E. Kenneth Wright, Jr., Presiding Judge of the First Municipal District, led the discussion.


From left are Judge Bill Taylor, Judge Thomas Hogan,
Judge James Flannery and,
at the podium, Judge E. Kenneth
Wright, Jr.



We learned that Judges don’t like lawyers who don’t admit that they don’t know the answers to the Judge’s questions. They want us either to be prepared to answer their questions -- even if we’re sent in to appear on a case that isn’t our case -- or to be straight with them, let them know we’re covering for someone else and that we don’t know the answer to the question but we’d be happy to step out into the hall and make a call to get the answer.

We also learned that juries expect lawyers to be courteous to witnesses. One thing jurors expect is that a lawyer will ask the Judge’s permission to approach a witness.

We learned that the Law Division tries 450-550 jury cases a year, and that there are more civil jury verdicts in the Law Division in two weeks than in our federal District Court in a year.

We learned that Category 1 cases in the Law Division -- cases expected to take 4 days or less to try -- comprise 85% of the cases filed in Division and typically get to the close of discovery in 20-22 months. Category 2 cases -- which will take a week or more to try -- typically get through discovery in 32 months.

The Judges also gave us tips for getting to trial once a case rises “above the Black Line” and goes to Room 2006:


           Agree upon a trial date and you can get a set trial date within 60-90 days.

           Ask (in Room 2005) for a pretrial before any Judge in the Division, and if the case doesn’t settle that Judge may take you onto his or her regular calendar and set a trial date.

We’ll have several of these 8 a.m. Calls throughout the year -- come join us and get all your questions answered!