The Docket - June 2019 by Town Square Publications

THE

DOCKET The Official Publication of the Lake County Bar Association • Vol. 26, No. 6 • June 2019

Lake County Bar Golf Outing Thursday, July 25, 2019 Glen Flora Country Club 2200 N. Sheridan Road • Waukegan, IL

CONFERENCE ROOM For meetings only. Seats 16 – 20 comfortably During business hours (8 am – 5 pm) • Member- Free • Non-Member $150/1st hour. $50/hour after • Non-Member, Not-for-Profit: $25/hour

2019 LCBA OFFICE RENTAL PRICING

After Hours (5 pm – 9 pm) • Member - $25 per hour • Non-Member – Not Available • Non-Member, Not-for-Profit: $50 per hour

MEMBER CENTER “The Bar” Accommodates up to 100 people During business hours (8 am – 5 pm) Members (add $25/hour for after hour events) • Meeting only (individual or group, no food or beverages served: Free • Self-Service reception or party (provide own alcoholic beverages): $50 per hour • Hosted beer & wine reception or party (beer & wine provided by Association): $250/ 1st hour, $50/hour after Non-Members: (add $50/hour for after hour events) • Meeting only (individual or group, no food or beverages served): $50 per hour • Self-Service reception or party (provide own alcoholic beverages and food): $300/ 1st hour, $50/hour after • Hosted beer & wine reception or party – Not Available Non-Member, Not-for-Profit: (add $25/hour for after hour events) • Meeting only (individual or group, no food or beverages served): $25 per hour • Self-Service reception or party (provide own alcoholic beverages and food): $150/1st hour, $25/hour after • Hosted beer & wine reception or party – Not Available Association Committee Meetings (Conference Room or Member Center) Without beer & Wine - Free With Hosted Beer & Wine - $150 flat fee (for 5 – 15 people), $200 (over 15 people) Room rentals are based on availability. Rentals include use of A/V already in room (phone, TV, Speaker. WIFI). All rentals include free parking in our large, well-lit, 45 vehicle parking lot adjacent to the LCBA building.

Contact the LCBA Office at 847-244-3143 or info@lakebar.org

Contents THE DOCKET • Vol. 26, No. 6 • June 2019

FEATURES

8 Caveat Emptor: Illinois Insurance Buyers, Beware!

BY JEFFREY A. BERMAN

14 The Credibility of the Blue and the Code of Silence BY MARK CURRAN

A publication of the

18 The Ins and Outs of Nunc Pro Tunc 22

300 Grand Avenue, Suite A Waukegan, Illinois 60085 (847) 244-3143 • Fax: (847) 244-8259 www.lakebar.org • info@lakebar.org THE DOCKET EDITORIAL COMMITTEE Jeffrey A. Berman,Co-Editor Hon. Charles D. Johnson,Co-Editor Jennifer C. Beeler Hon. Michael J. Fusz Deborah L. Goldberg Hon. Daniel L. Jasica Sarah A. Kahn Kevin K. McCormick Hon. Raymond J. McKoski Tracy M. Poulakidas Stephen J. Rice Neal A. Simon Hon. ­­­James K. Simonian Rebecca J. Whitcombe Alex Zagor STAFF Dale Perrin Executive Director Jose Gonzalez Membership Coordinator Katherine Montemayor Office Manager

AD SIZE 1/8 Page 1/4 Page 1/2 Page Full Page Inside Front or Inside Back Cover

Back Cover

ONE ISSUE

6 ISSUES

BY JUSTICE MARY SEMINARA SCHOSTOK

Book Review: The Lawyer’s Light, Daily Meditations for Growth and Recovery BY DAWN M. ROSE, JD, CHHR

COLUMNS

2 President’s Page Stephen Rice: Who’s this guy?

BY STEPHEN J. RICE, PRESIDENT

4 The Chief Judge’s Page Enjoy Lake County BY CHIEF JUDGE JAY W. UKENA

24 The Meeting Minutes April 18, 2019 BY SHYAMA S. PARIKH, SECRETARY

26 In the Director’s Chair It’s Time to Renew Your Membership BY DALE PERRIN, EXECUTIVE DIRECTOR

LCBA EVENTS

IFC 2019 LCBA Office Rental Pricing 3 The Calendar of Events 3 New LCBA Members 5 Grapevine 7 LCBA Office Space 11 Lawyer Referral Service 17 LCBA Golf Outing 25 Member Reception 28 Monthly Committee Meetings 28 Bulletin Board

6 Bar Foundation Thank you to our Past President: Focus on our Purpose and Lead by Example BY NICHOLAS A. RIEWER, PRESIDENT

12 ISSUES

$70 $65 $60 $120 $110 $100 $175 $160 $145 $295 $270 $245 $600 per issue (Full Color) $750 per issue (Full Color)

Color ad rates: add $199 per issue to the above stated rates, excludes cover ads.

Classified Advertising

Standard $1.75 per word (Rate for LCBA Members) Text $2.75 per word (Rate for Non-Members) Bold $3.50 per word (Rate for LCBA Members) Text $4.50 per word (Rate for Non-Members) Classified Advertisement may contain as many words, numbers, symbols and boldface type.

Advertising Rates To place an ad or for information on advertising rates, call (847) 244-3143. Submission deadline: first day of month preceding the month of publication. All submissions must be made in electronic format (high resolution PDF or JPG format at a resolution of 300 pixels per inch or more.) See www.lakebar.org/page/Docket_Advertising The Docket is the official publication of the Lake County Bar Association, 300 Grand Avenue, Suite A, Waukegan, Illinois 60085 (847) 2443143, and is published monthly. Subscriptions for non-members are $45.00 per year.

Reproduction in whole or part without permission is prohibited. The opinions and positions stated in signed material are those of the authors and not necessarily those of the Association or its members. All submitted manuscripts are considered by the Editorial Board. All letters to the editor and articles are subject to editing. Publications of advertisements is not to be considered as an endorsement of any product or service advertised unless otherwise stated.

Stephen Rice: Who’s this guy?

M

any of you may know me, perhaps due to Gridiron shows, Docket articles, courtroom practice, or Prairie State Legal Services fundraisers. But most don’t know me well. So, I thought my first President’s Page should serve as an introduction. “How did this guy

2019-2020 OFFICERS & DIRECTORS Stephen J. Rice President Hon. Patricia L. Cornell First Vice President Joseph M. Fusz Second Vice President Kathleen Curtin Treasurer Tara R. Devine Secretary Brian J. Lewis Immediate Past President Hon. Christen L. Bishop Katharine S. Hatch David R. Del Re Thomas A. Pasquesi Dwayne Douglas Daniel Hodgkinson

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become President!?”, you might rightfully be wondering. Wisconsinite; Packers fan (let the Scott Gibson conspiracy theories begin); government employee. Probably a former Chippendales performer [ha ha]. All of these things certainly make me an odd and possibly scandalous choice to lead this organization. As a teacher at CLC, I have often introduced myself this way: I’m a product of great teachers, starting with my mom and dad. That is a good way to understand my origins. My mother was an English teacher, but really an all-around savant. She struggled to recognize my Hemingway-like high school prose [sarcasm alert], and she loved teaching me math as much as I hated learning it. An undiagnosed illness took mom from us when I was only 20, which was before I could fully appreciate what an imprint she had on me. My writing ability stems from her, because she tirelessly helped me to improve. Still more, she instilled in me the recognition that

The

President’s Page

there is no endpoint to that improvement—a life lesson that applies generally, not just to writing. From my father stems my wanderlust and interest in global affairs. My father loves to travel. As a young teacher, he spent summers hitchhiking through Europe. When I was seven, my family lived in a small town in south-central Wisconsin until dad whisked us off to live in Saudi Arabia. That was quite a change: the average July temperature is 109! But living in Saudi opened up the entire world to my family, because the Saudis had a rule: you had to leave for one month each year. That suited my dad just fine, and my parents carted me and my two younger sisters around the globe for five years. Certain teachers put a wind in your sail that influences your course forever-

BY STEPHEN J. RICE PRESIDENT more. An early trade wind for me was my sixth grade teacher Stephen Koslow. Mr. Koslow didn’t emphasize math in his class, which endeared him to me immediately! His teaching was energetic and fun, and sixth grade was my best year as a young student. Shortly after he taught me, Mr. Koslow left teaching to become a lawyer. In seventh grade, I did a language arts project about what I wanted to be. Not coincidentally, mine was titled Becoming a Lawyer. The University of Wisconsin is my alma mater, and its German Program contained a group of outstanding teachers. One, Prof. Klaus Berghahn, encouraged me to apply for a student leadership position, which I obtained, and he later encouraged me to go to Germany on a Fulbright Scholarship after I graduated. That one-year scholarship, during which

I taught English to German high school students, led me ultimately to a five-year stay in Germany. I am a lifelong German speaker because of it, and it also blessed me with the best thing in my life: Lisa, my wife. She was also a Fulbrighter in Germany. I might have lived in Germany until retirement had my ambition to become a lawyer—which was as present at age 27 as it had been when I was in seventh grade—not motivated me to return to the Midwest. I graduated from the Chicago-Kent College of Law in 2005. So that’s the backstory, but none of it well answers my initial question: How did this guy become President!? The details of that story are unique to me, but you may recognize some of your own story in mine. In 2005 I was hired as a Staff Attorney for the judges of our court. Back then, Mary Schostok and Margaret Mullen were still in Waukegan. Then as now, Mary and Margaret were like Laverne and Shirley—you often found them together, at work and at play. Staff attorneys, as you likely don’t know, occupy an office behind the judicial curtain and assist whichever judges ask for research help on tricky issues or contested motions. Occasionally they creep into the back of a courtroom if you’re arguing an interesting motion, but otherwise they are a bit like mice in the cupboard: present, but rarely seen. Hopefully never poisoned. One day early in my tenure I walked into

Mary’s chambers, and there too was Margaret. They were looking at an announcement for that year’s Gridiron show, which was getting ready for production. They looked up at me and said: “You should do this.” Nominally, “this” meant the show; in reality, what they were telling me was this: You should get involved with the LCBA. At the time, Gridiron practices were held in the basement of Al Jones’ law office. Al’s office is an old union hall near Waukegan’s lakefront power plant. I borrowed my wife’s little car (normally I rode Metra each day) and drove to work so I could get to the practice at Al’s. I knew zero people in the Lake County legal community at that time, and driving toward the hulking power plant does not evoke warm, welcoming feelings. I got to Al’s office and descended the stairs into the basement, where dozens of people had gathered. The atmosphere was convivial, but still, as the new guy, I felt naturally awkward. In short order, one guy came up to me and introduced himself with a vaguely southern(?)-sounding-drawl. “Hi, Mike Betar.” This is the first “outside” contact I recall with the legal community in Lake County. It was 100% LCBA, although I didn’t recognize it as such at the time. Through that first Gridiron, I met my first group of Lake County lawyers. Veronica and Janelle. John Quinn. Alan Pearlman. Bob Smith. Mark Van Donselaar. Steve Larson. Rick

Lesser. Some young; some old; some cool; some crazy. I won’t take you through the rest of my LCBA career, other than a few bullet points: 1. I was asked to edit The Docket, and was co-editor with Mitch Hoffman for several years. 2. I went from being a Staff Attorney to, quite literally from one day to the next through Mary’s influence again, going into private practice with Lesser, Lutrey & McGlynn. That was on the heels of Rick’s LCBA Presidency, during which the LCBA expanded the Board to its current 12, thus providing greater opportunity for leadership in the Bar. 3. Through Gridiron friendships, I was later asked if I’d like to work in the Civil Division of the State’s Attorney’s Office, which came to pass. That’s where I currently work. 4. I was asked to serve on the LCBA Board in 2012, became Secretary in 2016, Second VP in 2017 and now—well, you’re stuck with me! When Mary and Margaret told me to get involved with the LCBA, they were essentially telling me: “go there; this group of people will give you personal and professional energy.” This is advice that, like my mother’s tutelage long before it, was a priceless gift that keeps giving. So that’s my story: it is no exaggeration to say that involvement in the Bar Association has powered my professional life, while also contributing meaningfully to my circle of friends. Ultimately, that is how this guy became President! I look forward to serving you.

Welcome

New LCBA Members Active Military

James Geocaris The Geocaris Law Firm

Attorneys

Erik Diggs The Diggs Law Firm LLC Kerry Garesche Garesche law Daniel Marazan Attorney At Law April Reed Attorney At Law David Sanders Attorney At Law Masaru Takiguchi Takiguchi & Associates, Attorneys Kathryn Vanden Berk Attorney At Law

Students

Femarie Ang Matthew Winer

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Calendar of Events

June 7 Installation Dinner 5:30 pm Exmoor Country Club June 27 Member Reception hosted by Lindsay Picket & Postel, LLC 4:30 pm LCBA Member Center June 24 Anatomy of a Trial Brown Bag Opening Statements 12:00 pm Courtroom T810 July 25 Civil Trial Committee Seminar, 7 11:30 am, Glen Flora Country Club July 25 LCBA Golf Outing 11:30 Glen Flora Country Club

June 2019

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Enjoy Lake County

T

he month of June is upon us, which means that by the end of this month summer weather will surely have finally arrived. In a normal weather year, most of us would have already been spending time outside enjoying another Lake County summer and all that our forest preserves, lakes and trails have to offer. In Lake County, the county of lakes, there are more than 35 lakes. I use the term ‘more than’ because the actual number of lakes within the county is disputed. There are several articles and printings that claim different numbers of how many lakes there are in Lake County. Many articles pin the number at 35 lakes, although a review of Wikipedia’s article on Lake County, Illinois, greatly exceeds that 35 number. Wikipedia’s review of our county lists 95 lakes in Lake County by name. Still a different article puts that number at 176 lakes. These discrepancies most likely have to do with how these various sources

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define what a lake is. It could simply be the difference between what some consider a lake and others consider a pond. One thing I noted is that there are plenty of inland bodies of water in Lake County, such as North Pond, that are as small as 1 acre. There are also others which are only slightly bigger, such as Mill Pond, which is 5 acres, the Green Belt Lakes which have 5 acres a piece, and Casey’s Pond which has 3 acres. The largest inland lake in the county is the Fox- Nippersink Lake measuring 2,120 acres. The two smallest lakes in Lake County are the previously mentioned North Pond and Casey’s Pond. There are of course many that fall in between these extremes such as well-known Grass Lake which has 1,360 acres, Pistakee Lake which has 1,700 acres, and Round Lake which is credited with just 227 acres, making it only slightly larger than McHenry County’s

The

Chief Judge’s Page McCollum Lake. Gages Lake, one many people are familiar with, can be seen from Route 45 and has 126 acres. For those of us that are familiar with the lake at Independence Grove, a former rock quarry, it is approximately half the size of Round Lake. Although lakes can be found in every part of the county, the majority of them are sitting in the Chain of Lakes area. Although difficult to verify, many believe that Lake County was simply named for its lengthy border with Lake Michigan, however that fact would ignore all the other lakes that are found within its boundaries and discount the beauty, recreational activities and abundance of exotic wildlife they provide. I know that with summer upon us, people will be enjoying all the County’s lakes, whether

BY CHIEF JUDGE JAY W. UKENA it be fishing, swimming, waterskiing, tubing, taking a walk or just admiring a lazy sunset. Independence Grove is a one stop shop for novice fishermen. You can rent a small water craft, obtain a fishing license and buy your bait all in the same place. So, you don’t have to wait for summer to hit, no matter how overdue, go out and enjoy the lakes of Lake County. While you’re at it, don’t forget that the Lake County Forest Preserves have 31,000 acres of land to explore. And as a devoted bike rider I would also recommend checking out the hundreds of miles of bike trails, paths and scenic roads Lake County has to offer. Although it took a while to get here this year, those of us who live and work in Lake County are fortunate to be in one of the best places to spend the summer.

The

Grapevine

Recently, past LCBA/LCBF President Scott Gibson hosted four Lake Forest High School students for a morning of learning about the Law and exploring our Lake County Courts. Josca Schabacker, Naomi Espinosa, James Best, Dylan Cofer asked questions and learned about the overall practice of the law, Lake County Court Procedure and were treated to great

discussions about Criminal and Civil Practice from Judges Scully, Schippers, and Strickland. Judge Strickland brought the students back into Chambers prior to Pre-Trial Hearings for a murder trial beginning the next day. Judge Strickland invited the students to sit in the jury box and observe the crucial arguments regarding the murder case pre-trial motions. The students were treated by the Judge to a “Cooks Tour” of our new courthouse ceremonial courtroom on the 8th floor. As a lawyer who began practice with butcher paper and chalkboards in front of the jury it was also an eye-opening experience for their host!

Visit the LCBA Website: lakebar.org

The Law Offices of David R. Del Re, P.C., is pleased to announce that L. Kat Allen has achieved Partnership at the firm. Ms. Allen is a 2010 graduate of Chicago-Kent College of Law, Chicago, Illinois. Ms. Allen will continue to concentrate her practice in all aspects of family law, mediation and the representation of children.

D R D

The Law Offices of David R. Del Re, P.C. 200 N. Martin Luther King, Jr. Ave., 2nd Floor Waukegan, IL 60085 office 847.625.9800 • facsimile 847.625.9980 www.daviddelrelaw.com

June 2019

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Thank you to our Past President: Focus on our Purpose and Lead by Example

D

uring the month of June, the Lake County Bar Foundation and the Lake County Bar Association install new officers and directors. Several months ago, I was asked to consider becoming the BOARD OF TRUSTEES Nicholas A. Riewer President Carey J. Schiever Vice President Joann M. Fratianni Secretary Perry S. Smith Jr. Treasurer Jeffrey A. Berman Immediate Past President Jennifer L. Ashley Nandia P. Black Douglas S. Dorando Kristie Fingerhut Hon. Fred Foreman (Ret.) Joseph M. Fusz Scott B. Gibson Kenneth J. Glick David J. Gordon Keith C. Grant Amy L. Lonergan Fredric B. Lesser Steven P. McCollum Joseph Morrison Michael G. Nerheim Melanie Rummel Hon. Henry C. Tonigan (Ret.) Hon. Joseph R. Waldeck (Ret.)

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next President of the Lake County Bar Foundation and gratefully accepted. I am taking over as President from Mr. Jeffrey A. Berman, who served in that role for the past two years. I would like to take this opportunity to thank Jeff for his dedication and service for the incredible job he has done. One of the main stated purposes of the Lake County Bar Foundation is to “promote the charitable, educational, scientific and literary mission of the Lake County Bar Association”. During his two (2) year tenure as president, he guided the Foundation towards its goal including overseeing the successful Gala last Fall which generated substantial funds that were donated to “Waukegan to College”. In addition, the foundation received Cy Pres funds in excess of $30,000.00. The Foundation also supported the High School Mock Trial Competition as well as the

BY NICHOLAS A. RIEWER PRESIDENT Veteran’s History Project. In addition to fulfilling his leadership role and promote the purpose of the Foundation, Jeff was also saddled with overseeing the construction of the new Lake County Bar Association offices as well as cleaning up the mess left by the prior Executive Director of the Association. Jeff, along with many other people, spent countless hours identifying the issues, correcting the problem and installing safeguards so this does not happen again. Jeff, thanks for everything you have done over the last two (2) years to move the Foundation forward in a positive direction. I would be remiss to not acknowledge the huge contributions of the immediate past President of the Association, Brian Lewis and his predecessor, Jennifer Howe. They were both

extensively involved in the construction project as well as correcting the Executive Director situation. Thanks to Brian and Jennifer and all of the other people who gave their time and efforts with respect to these matters. I would also like to acknowledge the two directors who retired from the Foundation board this year. Mark Peavy retired from the Foundation board after many years of service, good luck in your retirement Mark. Brian Wanca also retired from the board and I would like to take this opportunity to thank him for his efforts, especially in the area of earmarking Cy Pres funds to the Foundation. I hope you will be able to continue doing so in the future. A large number of us make our living servicing the needs of the people and businesses in Lake County.

Because of this, I think it is important for us to give back to the community that provides us with our livelihood. For the past two years, the Foundation board has designated “Waukegan to College” as the main benefactor of our philanthropic mission. For almost ten years, Waukegan to College has been servicing the Lake County community by providing year-round college readiness services to students in an effort to prepare them to enroll in and graduate from college. The money that the Foundation board is able to contribute to organizations like Waukegan to College, comes from individual donations, money generated from the semi-annual Gala that we hold and Cy Pres funds we receive. Unfortunately, these Cy Pres funds

are not as plentiful as they have been in the past and, accordingly, the majority of the money we raise comes from the semi-annual Gala. The last Gala took place in the Fall of 2018, so the next Gala will not be until the Fall of 2020. Because we only host the Gala every other year, the challenge becomes how do we continue to raise funds between Galas. As the sage philosopher, Homer Simpson, once said “son, if you really want something in this life, you have to work for it. Now quiet! They are about to announce the lottery numbers”. Unfortunately, the lottery ticket thing did not work out, so we have to come up with other ways to continue to raise money. I would welcome any suggestions from the members of

the association in this regard. To get the ball rolling, I propose to host a Summer function at my home in Libertyville for members and their families. As I am fortunate enough to live on a small lake, the kids will be able to swim and play on the water trampoline. I will be happy to provide the food and beverages for an afternoon of fun in the sun. The party will take place on August 10, 2019 beginning in the early afternoon. I suggest that we charge a modest fee to attend, with all of the money collected, going to the Foundation for future charitable endeavors. I have asked the Foundation’s events committee to put together an invitation which will be emailed out to the members. During the event we will also sell raffle tickets for the one

week stay at the Condo in Cabo San Lucas. More details to come from the events committee. Also, if somebody would remind me to please discuss this with my wife before she reads this column, it would be greatly appreciated. Finally, when I was first asked to consider becoming the next President of the foundation, it was insinuated that there were certain perks that went along in fulfilling this role. I would ask that if any of you have any information regarding where the Presidential yacht is harbored, or where the Presidential limo is garaged, please let me know. I have a few boondoggles, I mean functions, I would like to schedule in the near future. I look forward to serving you over the next two years.

Your New Office Could be in the LCBA Building

• Furnished • Approximately 2,000 square feet • Two blocks from the courthouse • Two private offices • Conference room

• • • •

Large reception area Men’s and women’s bathrooms Small kitchen Free parking for staff and clients

Available Now Contact Dale Perrin at dale@lakebar.org to view the property and get more details. June 2019

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Caveat Emptor: Illinois Insurance Buyers, Beware!

Y

BY JEFFREY A. BERMAN

ou may not be getting what you asked for, or wanted, but the Illinois Supreme Court says that’s too bad, and by the time you realize you have been harmed by the boilerplate gobbledygook you received from your insurer, it probably will be too late to do anything about it. Interpreting and understanding the terms and condi- the long-recognized distinction between independent tions of insurance policies can be a daunting endeavor, to insurance agents/brokers and captive insurance agents, say the least. Failure to do so, moreover, can be disastrous and further appears to eliminate, or at least substantially for policyholders who make claims only to find the cover- curtail, the liability of agents/brokers for negligence in age is not what they thought they were buying when their failing to procure requested coverage. insurer issues a denial. There may be no recourse at that Previously, liability for negligent procurement in point in light of a new split decision by Illinois was said to be based on the the Illinois Supreme Court in Ameriagreement and fiduciary relationship Jeffrey can Family Mutual Insurance Compabetween the agent and its principal. Berman, ny v. Walter Krop,1 which sharply limits A cause of action therefore existed for of the law firm of the ability of policyholders to sue an negligent procurement arising from Anderson + agent/broker for alleged failure to a breach of those fiduciary duties.3 In Wanca, has Talbot v. Country Life Insurance Co.,4 secure requested coverage. The Court extensive for example, the appellate court susin Krop held that the two-year statute experience tained a cause of action for negligent of limitations for negligence claims in complex commercial procurement based on an affirmative against insurance agents/brokers2 litigation, begins to run on the date the policy is undertaking to perform a service to insurance issued, rather than when the harm is another to either provide the desired and insurdiscovered. The majority opinion in coverage or notify the applicant of the ance coverage litigation matters in Krop also appears to call into question state and federal courts across the 1 2

8

2018 IL 122556. 735 ILCS 5/13-214.4.

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country. He presently serves as a Co-Editor of the Docket.

3 See Black v. Illinois Fair Plan Association, 87 Ill.App.3d 1106 (5th Dist. 1980). 4 8 Ill.App.3d 1062, 1065 (3rd Dist. 1973).

rejection of the risk “so that he may not be lulled into a feeling of security or put to prejudicial delay in seeking protection elsewhere.”5 In 1996, the Illinois General Assembly enacted the Insurance Liability Placement Act,6 which addressed the liability of insurance producers regarding the procurement of insurance.7 While the statute limited the scope of fiduciary duty claims, it imposed a duty on producers to “exercise ordinary care and skill in renewing, procuring, binding, or placing the coverage requested by the insured or proposed insured.”8 The Supreme Court previously acknowledged that the statute limited the scope of fiduciary duty claims, but did not release an insurance producer from liability for negligence, based on a general duty to exercise ordinary care.9 Subsection (a) specifically provides for a cause of action for negligence, reasoning that if an insurance producer cannot offer the coverage requested, it may satisfy the statutory duty by notifying the customer to look elsewhere for coverage. Since the statute specifically provides for a negligence action, the duty as defined in section 2-2201(a) arguably does not depend upon any contractual relationship. In considering when a cause of action accrues for negligence, Illinois courts have held that tort actions generally accrue at the time the plaintiff suffers injury, or when facts exist that authorize the bringing of a cause of action: duty, breach, and resulting injury or damage.10 The discovery rule provides for tolling of the limitations period until the plaintiff knows, or reasonably should know, that the injury

occurred and that it was wrongfully caused.11 Extending the rationale to the negligent procurement of insurance context seemingly would follow logically because prior to receiving a denial of coverage, any injury would be purely contingent and speculative.12 In the Krop majority opinion, the Supreme Court reversed a decision of the First District Appellate Court,13 and reinstated the Circuit Court’s decision dismissing Walter and Lisa Krop’s complaint against American Family Mutual Insurance Company agent Andrew Varga. The Krops had alleged that Varga had failed to properly heed their request to include coverage for certain intentional acts in their homeowner’s insurance policy, which later resulted in American Family denying coverage for a cyberbullying lawsuit against the couple’s son.14 In its finding, the Circuit Court had agreed with Varga’s argument “that the cause of action for negligently selling a deficient policy accrues as soon as customers purchase their policy.”15 The Circuit Court thus found that the twoyear period in which to file a complaint had passed by the time the Krops filed their claims against American Family and Varga, and dismissed their claims as untimely.16 The Appellate Court reversed.17 The Supreme Court allowed Varga’s Petition for leave to appeal.18 In early 2012, the Krops asked Varga to obtain a new policy for them with American Family that would provide coverage equal to their prior policy issued by Travelers

“In others, the circumstances that give rise to the liability

may be so unexpected that the

typical customer should not be expected to anticipate.

How the policy applies.”

5 6 7

Id. 735 ILCS 5/2-2201, et. seq. “Insurance producer” means a person required to be licensed to sell, solicit, or negotiate insurance. Although insurance law distinguishes between an agent and a broker, both are producers. See Skaperdas v. Country Cas. Ins. Co., 2015 IL 117021, ¶¶ 19-25. Unlike “captive agents” who work for one insurance company exclusively, insurance brokers work for their customers and provide insurance policies from multiple companies. Skaperdas, 2015 IL 117021, ¶ 19. 8 Section 2-2201(a) states that “[a]n insurance producer, registered firm, and limited insurance representative shall exercise ordinary care and skill in renewing, procuring, binding, or placing the coverage requested by the insured or proposed insured.” 735 ILCS 5/2-2201(a). 9 Skaperdas, 2015 IL 117021, ¶¶ 35, 37; see Krop, 2018 IL 122556, ¶ 28. 10 See Brucker v. Mercola, 227 Ill.2d 502 (2007); Hermitage Corp. v. Contractors Adjustment Co., 166 Ill.2d 72, 77 (1995).

11 See Knox College v. Celotex Corp., 88 Ill.2d 407, 414 (1981). 12 See Nolan v. Johns–Manville Asbestos, 85 Ill.2d 161, 171 (1981) (an injured person is not held to a standard of knowing the inherently unknowable); see also, e.g., Stephens v. Worden Ins. Agency, LLC, 307 Mich. App. 220, 859 N.W.2d 723, 733-34 (2014) (negligent procurement claim accrues when the insurer denies the insured’s claim because “on that date any speculative injury becomes certain, and the elements of the negligence action are complete”); International Mobiles Corp. v. Corroon & Black/Fairfield & Ellis, Inc., 29 Mass. App. Ct. 215, 560 N.E.2d 122, 124 (1990) (“[i]f no accident produces a claim, the failure will have been negligence in the abstract”); Austin v. Fulton Ins. Co., 444 P.2d 536, 539 (Ala. 1968) (until there was a loss for which the plaintiff was not protected, no legally protected interest had been invaded). 13 2017 IL App (1st) 161071. 14 Krop, 2018 IL 122556, ¶ 1, 5. 15 Id., ¶ 1. 16 Id. 17 2017 IL App (1st) 161071. 18 Krop, 2018 IL 122556, ¶ 1.

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Insurance Company.19 The Krops maintained that they gave a copy of their old policy to Varga and that he had promised to provide them with a policy that was equal to or better than the Travelers policy for a similar price.20 American Family issued an initial policy to the Krops on March 21, 2012, and the policy was subsequently renewed for each of the following three years.21 The Krops were sued by plaintiff Mary Andreolas in mid-2014 in an action seeking damages for “defamation, invasion of privacy, and intentional infliction of emotional distress.”22 In August 2014, American Family denied coverage for the Andreolas action.23 American Family then filed a declaratory judgement action in Cook County, seeking “to justify its denial of coverage.”24 In particular, American Family sought a declaration that various terms of the policy excluded the alleged tort claims in the Andreolas action from coverage.25 On September 3, 2015, roughly three and a half

years after the initial policy was issued, the Krops filed a counterclaim against American Family and a third-party complaint against Varga.26 They alleged that Varga was negligent in failing “to provide them with an insurance policy equal to their Travelers policy, as they had requested.”27 According to the Krops, therefore, Varga failed to exercise ordinary care, and his failure caused them to lack coverage for the Andreolas action.28 The Krops also alleged “that American Family was vicariously liable for its agent’s negligence.”29 Varga and American Family both moved to dismiss the Krops’ claims, arguing that the two-year limitations period in the insurance code30 for any such claim began to run when the Krops first received their policy in March 2012, so their claims were untimely after March 2014.31 The Circuit Court agreed and dismissed the claims as untimely.32 In doing so, it also rejected the Krops’ argument that they could not have known about the defect in

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26 27 28 29 30 31 32

Id., ¶ 4. Id. Id. Id., ¶ 5. Id. Id., ¶ 6. Id., ¶¶ 6, 7.

Id., ¶ 8. Id. Id. Id. 735 ILCS 5/13-214.4. Krop, 2018 IL 122556, ¶ 9. Id., ¶ 10.

Save the Date Saturday, September 28, 2019, 5 p.m.

Red Mass St. Joseph’s Catholic Church 121 E. Maple Avenue Libertyville, IL 60048

Reception Immediately Following Mass Sponsored by the Justinian Society of Italian-American Judges & Lawyers of Lake County, Illinois If you would like to be a Red Mass sponsor, e-mail RedMassLakeCounty@gmail.com

10 The Docket

LAWYER REFERRAL SERVICE

Why should YOU join the LCBA Lawyer Referral Service? The LCBA Lawyer Referral Service (LRS) is a valuable member benefit as well as a public service. LRS provides member attorneys with an opportunity to build business through client referrals. The service benefits the public by helping callers quickly find an attorney in the area of law in which they need help. The LRS is widely publicized and all LCBA members in good standing who carry the required malpractice insurance are eligible to join. The LRS program is designed to assist persons who are able to pay normal attorney fees but whose ability to locate legal representation is frustrated by a lack of experience with the legal system, a lack of information about the type of services needed, or a fear of the potential costs of seeing a lawyer. The Lawyer Referral Service is an intuitive win/win/win. We’re helping the public, by providing them with legal resources with some degree of reliability; we’re helping our members, by playing matchmaker with clients whom they can help for a minimal referral cost; and we’re helping the Bar Association and our public image by offering our services. Although not all of the matches will work out, the risks and costs are minimal and the rewards are great. Deborah Goldberg, Goldberg & Kane

“I have been a member of the referral service for many years, particularly in the fields of Trusts & Estates. The service has generated a stream of potential clients, some of which are not viable but many of which have ripened into clients for litigation or estate planning. Frankly, I don’t mind answering people’s questions about our field of law, which most people find confusing. The referral service has been a great way for potential clients to speak with me and discuss the issues before having to spend money and before I have to commit to the clients. I whole-heartedly recommend the LCBA’s Client Referral Service as a way to grow your practice.” Fredric Bryan Lesser, Lesser Lutrey McGlynn & Howe LLP As a long-time member of the LCBA Lawyer Referral Service I know how useful it is to be a member of the service. I have obtained several cases through the service and would strongly recommend that attorneys seeking cases join. Compared to the many online services that claim to provide cases, the LCBA’s referral service actually delivers at a much lower cost. Steve McCollum, Law Offices of Steven P. McCollum, P.C.

AVA I L A B L E R E F E R R A L PA N E L S • Administrative • Appellate • Commercial

• Consumer • Criminal • Employment

• Environmental • Family • Real Estate

• Estate Planning, Wills, Trusts and Probate • Personal Injury / Property Damage

C O N TA C T T H E L C B A AT 8 4 7 . 2 4 4 . 3 1 4 3 O R AT I N F O @ L A K E B A R . O R G

L A K E C O U N T Y L A W Y E R . I NJuneF2019O 11

their policy until coverage was denied, reasoning instead that insurance customers have an obligation to read and understand the terms of their policies.33 The Appellate Court disagreed and reversed, holding that “insurance agents owe their customers a fiduciary duty and that this duty is more significant than the customers’ obligation to read their policy.”34 Therefore, under the “discovery rule,” the limitations period did not begin to run until “the Krops knew or should have known of the injury,” that is, when they were denied coverage by American Family in 2014.35 On that basis, it concluded the Krops’ claims were timely filed in 2015.36 A Supreme Court majority disagreed, stating that the Krops were obligated to read and understand the terms of their policy when they received it. Therefore, the Court said, the Krops’ “cause of action against Varga for negligent failure to procure insurance accrued on March 21, 2012, and the two-year limitations period ended on March 21, 2014.”37 Because the Krops brought their claim on September 3, 2015, that claim was untimely.38 The Court first observed that while a claim asserted under section 2-2201(a) is barred if filed more than two years after the cause of action accrues, the statute does not define what constitutes accrual.39 Rather than apply the rule applicable to tort claims, the Court treated the allegations of negligent procurement of insurance asserted by the Krops as “torts arising out of contractual relationships.”40 It further held that unlike “other torts, the earliest date of accrual for torts arising out of contractual relationships is the date of the breach of the duty or the contract, not the date of the damages.”41 The Court concluded, “the date of the alleged breach was March 21, 2012. On this day Varga procured for the Krops an insurance policy that did not cover defamation, invasion of privacy, and intentional infliction of emotional distress, which the Krops alleged they had asked Varga to provide.”42 The majority rejected the Krops’ attempted invocation of the “discovery rule.”43 This rule, if applicable, would delay the start of the limitations period until the claimant knew or reasonably should have known of the injury and that the injury was wrongfully caused.44 Justice Garman, writing for the majority, stated in that regard: “[w]e hold that when customers have the opportunity to read their insurance policy and can reasonably be expected to understand its terms, the cause of action for 33 34 35 36 37 38 39 40 41 42 43 44

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Id. Krop, 2018 IL 122556, ¶ 11. Id., ¶ 11. Id. Id., ¶ 38. Id. Id., ¶¶ 16-17. Id., ¶ 18. Id. Id., ¶ 19. Id., ¶¶ 20-21. Id., ¶ 21, citing Hermitage Corp., 166 Ill.2d 72, 77; and Knox College v. Celotex Corp., 88 Ill.2d 407, 414 (1981).

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negligent failure to procure insurance accrues as soon as the customers receive the policy.”45 In reaching that conclusion, the Court relied on earlier Illinois cases that had found, contrary to the Appellate Court’s conclusion here, that “insurance customers should know the specifics of their policy as soon as they purchase it.”46 The Court further rejected the Krops’ and the Appellate Court’s reliance on cited decisions47 that were issued after the Insurance Placement Liability Act took effect, and which nonetheless had found that insurance brokers have a heightened fiduciary obligation to ensure that customers understand the specifics of their new policies. According to the Court, the statute “prevents any insurance producer from being held to the fiduciary standard, except in a narrow set of circumstances not relevant to this case,” and provides that “insurance producers have only a general duty to exercise ordinary care.”48 Because the Krops’ “claim for negligent failure to procure insurance does not involve a fiduciary duty,” the Court concluded that their “obligation to read their policies controls.”49 Therefore, because insurance customers can read their policies and learn of any defects, the discovery rule typically will not delay the start of the two-year limitations period for negligent failure to procure insurance.50 The majority did allow that there will be a narrow set of cases in which the policyholder reasonably could not be expected to learn the extent or limitations on coverage simply by reading the policy.51 Justice Garman acknowledged that “in some cases the insurance policies may contain contradictory provisions or fail to define key terms…. In others, the circumstances that give rise to the liability may be so unexpected that the typical customer should not be expected to anticipate how the policy applies.”52 In those situations, the policyholder would presumably be permitted to assert the discovery rule. The Krops’ claim 45 Id., ¶ 2. 46 Id., ¶¶ 22-25, citing RVP, LLC v. Advantage Insurance Services, Inc., 2017 IL App (3d) 160276, ¶ 32; Garrick v. Mesirow Financial Holdings, Inc., 2013 IL App (1st) 122228, ¶ 49; Perelman v. Fisher, 298 Ill.App.3d 1007, 1011 (1998). 47 Id., ¶ 26, citing Broadnax v. Morrow 326 Ill.App.3d 1074 (2002) and Perelman v. Fisher, 298 Ill.App.3d 1007 (1998). 48 Id., ¶ 28 49 Id., ¶ 29, citing RVP, LLC, 2017 IL App (3d) 160276, ¶ 32; Hoover, 2012 IL App (1st) 10939, ¶ 60. The Court also distinguished the cases cited by Krop, Broadnax v. Morrow, 326 Ill. App.3d 1074 (2002), and Perelman, because, it said, they involved insurance brokers who, unlike the “captive agent” at issue here (Varga), owed customers a fiduciary duty which “imposed a greater obligation … to ensure that their customers understood the specifics of their new policies,” while agents owe only a general duty to exercise ordinary care. Id., ¶¶ 23, 26-28. 50 Id., ¶ 29. Although the Court acknowledged that “courts of other states are far from unanimous on when the cause of action accrues in such cases,” it concluded “that insurance customers are injured as soon as an insurance producer delivers a policy that does not conform to the customers’ request,” further finding that decisions “of other state supreme courts support this conclusion.” Id., ¶¶ 29-35. 51 Id., ¶ 36. 52 Id.

did not, according to the Court, present such an exceptional circumstance.53 According to the Court, the Krops had not pleaded facts showing that they could not have read their policy or understood its terms. As such, their cause of action “accrued when they first purchased their policy.”54 American Family issued the policy on March 21, 2012.55 Because the Krops were obligated to read the policy and understand its terms, the Court held “this is also the earliest date when they reasonably should have known that Varga had not provided them with an American Family policy that covered all the same liabilities as the Travelers policy,” and thus their “cause of action against Varga for negligent failure to procure insurance accrued on March 21, 2012, and the two-year limitations period ended on March 21, 2014.”56 Thus, the Krops’ claim filed on September 3, 2015, was held to be untimely.57 Justices Theis and Kilbride dissented, stating that they agreed with the Appellate Court’s conclusion that the limitation period for the cause of action against the agent began when the insurer denied the Krops’ claim.58 The dissenting opinion maintains that the majority improperly labeled the Krops’ complaint as a contractual dispute rather than treating it as a negligence action sounding in tort.59 More particularly, the dissent argues the duty as defined in section 2-2201(a) does not depend upon any contractual relationship, and the Krops do not seek recovery for mere negligent performance of a contractual duty. As such, the proper characterization of their claim is an ordinary negligence action, which is a tort-based claim that accrues when the plaintiff knew or reasonably should have known that the injury occurred and that it was wrongfully caused, i.e., when the Krops received the denial of coverage letter from American Family in August 2014.60 The dissent further opined that if the Krops had sued their agent when they first received the allegedly inadequate policy (before several subsequent renewals), their complaint would not have survived a motion to dismiss “because no actual damages had yet occurred.”61 Finally, the dissent observes that the majority incorrectly assumes that insureds will read past the declarations page of their policy, or that they can and will understand what they read if they do so.62 In doing so, “the majority’s conclusion eviscerates the duty of 53 54 55 56 57 58 59 60 61 62

Id., ¶¶ 36-38. Id., ¶ 38. Id. Id. Id. Id., ¶¶ 44-68. Id., ¶¶ 46-49. Id., ¶¶ 48-57. Id., ¶¶ 58-65. Id., ¶¶ 64-67 (the majority’s conclusion that the discovery rule will typically not delay the accrual period because an insurance customer’s duty to read the policy generally acts to put the customer on notice of the injury is premised on erroneous notions, including that the deficiencies in a policy are readily apparent from reading it, given that the sophistication of the insured and the complexity of the policy will vary).

the insurance producer to notify a prospective insured of the rejection of the risk.”63 The dissent thus concludes, “[t] o construe the cause of action as a tort arising out of a contractual relationship defeats the purpose of section 2-2201 by rendering negligence actions against insurance producers for failure to procure requested insurance an illusory form of recovery for resulting damage that ensues.”64 In the aftermath of this decision, policyholders and Illinois courts are likely to grapple with several difficult questions. For example, will an insured that receives a policy contrary to its request have any ability to pursue a remedy before a denial of coverage, given that the policyholder’s damages are, at that point, speculative at best? The majority seems to open the door for such a claim. But whether such an effort will be successful seems highly questionable. Critically, a negligence claim cannot rest on a “purely contingent and speculative” injury, which is all the Krops faced when they received their American Family policy. As the dissent notes, a loss in the abstract doesn’t work in the context of a negligence cause of action. That point, seemingly ignored by the majority, will be left to the lower courts to sort out. Likewise, substantial uncertainty surrounds the question of what circumstances will trigger the exception to the general rule set forth by the majority. For instance, if an agent or broker made myriad promises, and an unsophisticated insured relied solely on the agent or broker’s expertise, will those facts support a different result than the one reached here? Moreover, how much intrinsic ambiguity is sufficient to excuse an insured’s lack of appreciation for the discrepancies between coverage requested and that received, thereby allowing for tolling? As the dissent aptly observes, the majority appears to assume that the insured will read past the declarations page and that the insured will actually understand the boilerplate gobbledygook it finds on the ensuing pages. Only time and ensuing litigation will show whether such an assumption is warranted. Those difficult questions also have been left to the lower courts to sort out. One point is clear. Whatever circumstances trigger the exception to the general rule, there will be significant additional litigation on these questions in the future. For now, however, policyholders, their agents and/or producers must be hyper-vigilant in reviewing and assessing the sufficiency of coverage when policies are issued. And, in the event of a loss and potential claim, policyholders, their agents and/ or producers must act promptly to assess their rights and obligations. The clock is ticking, and a policyholder’s ability to obtain recourse is at stake where the coverage obtained on their behalf proves to be insufficient.

63 Id., ¶ 67. 64 Id., ¶ 68.

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The Credibility of the Blue and the Code of Silence BY MARK CURRAN Editors’ Note: This article was prepared by the author in his personal capacity. The statements, views and opinions expressed in this article are solely those of the author, and do not necessarily reflect the view, official policy or position of the Docket or its Editorial Board, the Lake County Bar Association, or any officer, member or employee of the Lake County Bar Association.

I

am often approached by friends outside of the criminal justice system who want to talk about what is wrong with the police in this country or, alternatively, how difficult a job the police have in a culture that is increasingly less respectful of the badge. Law enforcement fascinates the general public. They want to know more about the people that wear a police uniform. In this article, I would like to address two areas at the forefront of the debate on the status of police and our criminal justice system. First, is a police officer more credible than an ordinary citizen? Second, is there a code of silence in law enforcement? IS A POLICE OFFICER MORE CREDIBLE THAN AN ORDINARY CITIZEN? My thoughts on the credibility of law enforcement continue to evolve. I became an Assistant Lake County State’s Attorney in 1990. I had previously interned in both the Cook and Lake County State’s Attorney’s Offices. Up until that point, I had always thought of prosecutors as the good guys and never considered being an assistant public defender. An assistant public

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defender is another popular job out of law school for those that want trial experience in the criminal justice system. When I began trying criminal jury trials, I would hear the judge give a credibility instruction. The judge would ask the jurors one by one whether “they would evaluate the testimony of the police officer like that of any other witness and not give it any more or less credibility than that of any other witness.” I Mark thought the premise of that question Curran is was crazy. Why would a police officer currently lie? In closing argument, I would argue a counsel that the police officer had no reason with Shaw to lie. I would point out that the police Law, a former County, officer had many years of service. I State and would ask the jury to consider what Federal motive the police officer had to lie and Prosecuwhy he or she would jeopardize their tor and a job by not telling the truth. I’d note 3-term Sheriff of Lake that the police officer is not paid more County, IL from 2006 – 2018. money to get a guilty verdict. I would

suggest that the defendant, on the other hand, had significant motivation to lie. After several years prosecuting, I learned the reality that police officers do lie. I like to say that police officers may have a tougher job than many, but that there is not necessarily a higher percentage of good people in law enforcement. According to Police Magazine, the percentage of police officers with drug or alcohol addictions is 25%, which is twice the national average. Addicts are often dishonest. Police, like everyone else, run the gamut. There are good police officers and bad police officers. There are hardworking police officers and lazy police officers. In today’s strong union culture, it is considerably harder for management to deal with lazy police officers. Finally, there are honest police officers and dishonest police officers. While serving as Lake County Sheriff, I saw many police officers raise their right hand to be sworn in employment-related administrative hearings. Some of these officers would then proceed to testify about conversations they claimed to have had with me and others. Fascinatingly, I didn’t remember saying what I was alleged to have said. In my private law practice from 2002 until 2006, I represented many people charged with murder, rape and other serious crimes. This was when I really got to know criminal defendants. There is a psychopathic element to some. Most of them will try to lie but they don’t do it as well as the police. Frankly, there is a reason why most criminals get caught. The police know how to lie in a way that cannot be easily refuted. They know why alibis and other criminal defenses blow up due to inconsistencies. I was trained in the basic and advanced classes of the Reid & Associates technique of interrogation. Almost all police detectives have taken the Reid & Associates classes. In the Reid technique of interrogation, the detectives are taught how to recognize the signs that a suspect is lying and how to get a suspect to admit he is lying. A corrupt police officer that lies when it is beneficial is like someone that is fluent in a foreign language taking an introductory course in that foreign language. Which is why an independent third party will probably not be able to tell that the police officer is lying. Why would a police officer lie? A police pension in northern Illinois is lucrative. A police officer may not believe that anyone will do anything about his lying. Mike Nerheim, the Lake County States Attorney, has not been afraid to take on police officers that lie. While I was Sheriff, I had deputies

that were prosecuted and terminated for lying. Police do lie, but the consequences for a police officer that lies are greater than ever. Historically, a police officer might lie during a promotional interview or a disciplinary hearing with little consequence. Today, that police officer may be terminated. What happens if the police officer is not terminated? The police officer should wind up on a Brady list. Brady v. Maryland was the 1963 Supreme Court decision that placed an affirmative obligation upon prosecutors to disclose to the defense counsel all exculpatory information. Failure to provide such information to the defense constitutes a due process violation. Recent court decisions have held that the fact that the police officer lied in a police report, disciplinary hearing, or promotional interview must be disclosed. Also, the context of the lie must be disclosed in every case in which the police officer is a witness. Wow! Lying has big consequences for police officers today. The only remaining question is whether some in command roles cover for a police officer that lies. In the end a police officer’s testimony should be evaluated like that of any other witness.

The Lake County Sheriff’s

Office has existed for almost 170 years and only had one female command officer in its history.

IS THERE A CODE OF SILENCE IN LAW ENFORCEMENT TODAY? There has always been a code of silence in law enforcement. There are countless examples from New York, Los Angeles, Boston, Chicago and other police departments where the code of silence existed. The code of silence refers to the concept that a police officer will not incriminate another officer for their wrongdoing. I had read all the stories of a code of silence, but it seemed fanciful until I began to see evidence of it. Twenty-five years ago, I tried a double jury murder case against several long-term Lake County defense attorneys. The cases involved eight street gang members that committed a drive-by retaliatory shooting against members of a rival street gang. One gang member was murdered and another paralyzed. The eight defendants were brought down to local police station and interviewed by police. The statements that resulted from the interviews indicated that the shooters had been Defendants 1 and 2 (numbers for the sake of simplicity). My colleague and I began to try to negotiate a favorable disposition with the non-shooters in exchange for their testimony. We spoke to the defense attorneys for Defendants 3-8 about testifying in exchange for a deal. We began to hear the defense attorneys claim that their clients wanted to negotiate an agreement but were insistent that Defendants 3 and 4 (once again num-

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bers for the sake of simplicity) were the shooters. We went back to the investigating officers and told them what we were hearing. Still, the officers insisted they had identified the correct shooters. One day, my colleague and I received a phone call from the girlfriend of Defendant 1. She had an audio tape-- this was the last criminal case in Illinois to allow one-party consent to an audio tape--of Defendant 3 admitting that he and Defendant 4 were the actual shooters. The police had obtained a confession from the wrong defendants. The audio tape was clear; we were prosecuting the wrong defendants as the shooters. We took the audio tape to the investigating officers. They insisted the tape was wrong and that they had the right guys. Saying the officers were not pleasant towards us would be an understatement. I came to believe that the officers involved had a theory as to how the crime was committed, and they attempted to make the various defendants’ statements fit that theory. While I was Sheriff, I had several long Lake County Sheriff’s Merit Commission hearings. A Lake County Sheriff’s Deputy who receives more than a 30-day suspension has a right to a hearing before the five-member Merit Commission. As mentioned, before I would hear stories in these hearings that certainly did not match my recollection of events. Some other interesting numbers: according to the June 18, 2013 edition of Police Magazine, 40% of police officers in the United States report one or more drinking problems. Additionally, 31% of police officers view fellow officers that don’t drink as suspicious and unsociable. While I was Sheriff, one long-time Lake County Sheriff’s Deputy drove his personal car while off duty with a BAC of almost 4 times the legal limit. This deputy wound up in a horrible crash and was taken to a local hospital. Later, friends understandably would ask how the Lake County Sheriff’s Office did not know about this deputy’s problem? He obviously didn’t start drinking yesterday to be able to achieve those alcohol levels. When it came time to discipline this deputy, he was suspended. Should he have been terminated? Maybe, although I had his friends in the Sheriff’s Office lobbying me every day to let him keep his job. Interestingly, this Deputy said at his going away party,

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“we need to get the Office back to where it was.” While Sheriff, I received a phone call about another deputy who was driving while his license was revoked. He had been in a car accident and had marijuana in his system and in his vehicle. I approved allowing other employees donate their sick days to this deputy because I was told that he needed the time off. I was not told at the time about him having been jailed or that he had been driving with a revoked license. I tried to change the culture of the code of silence, but it was often a battle. Early in my tenure as Sheriff, I received a phone call from one of my chiefs. The chief said that one of our deputies was driving drunk and another car driven by a concerned citizen followed the deputy’s vehicle. The citizen saw the deputy’s car hit multiple mailboxes and then called 911. The deputy was pulled over by others in the Sherriff’s Office. The chief proceeded to tell me, “Sheriff, this is the way we usually handle it. We have the deputy admit to having a problem then get them to agree to some treatment.” I asked about charging the deputy with DUI, and the chief replied, “We don’t arrest our own.” I instructed the chief that this case would be handled like any other case involving a private citizen. I think one of the main reasons the Lake County Sheriff’s Office had such a strong code of silence was the lack of diversity. When I became Sheriff in 2006 very few employees had a college degree. Almost all the Deputies were white males. The Lake County Sheriff’s Office had 30 Command Officers on the sworn side and none of them were female and the only minority was one African American. The Lake County Sheriff’s Office had existed for almost 170 years and only had one female command officer in its history. Shameful? I thought so. The take-away? Yes, police officers have a difficult job. And, yes, most police officers do a good job. But there is a code of silence. How prevalent it is depends on the extent to which it is tolerated. Terry Hake, a former Cook County States Attorney, went undercover as a lawyer to reveal the depths of corruption in Operation Greylord. Greylord, as the criminal investigation became known, resulted in the indictment of 17 judges, 48 lawyers, and many law enforcement officials. There is no profession that is not susceptible to corruption and that includes law enforcement. A police officer that breaks the code of silence must worry about whether he will have a permanent target on his or her back. Many officers in a police department, however, do not subscribe to a code of silence. During my tenure as Sheriff, several officers stepped up and let me know that there were fellow officers engaged in wrongdoing. These officers that alerted me to the wrongdoing and are still in the Lake County Sheriff’s Office may pay a price for breaking the code of silence. But, the rest of us need to encourage and support those who dare to step forward. No less than the future of the criminal justice system in the United States is at stake.

2019 LCBA Golf Outing

July 25, 2019 | Glen Flora Country Club Register online at www.lakebar.org

Players of all levels are encouraged to participate in the 2018 Lake County Bar Association Golf Outing.The LCBA Golf Outing is guaranteed to be a huge success which you do not want to miss.

Feel Good Four Pack (per player) Does your golf game struggle a bit? No worries – for a $20 contribution to the Lake County Bar Association, you can purchase a Feel Good Four Pack consisting of the following:

Golf Championship Trophy For those who take this outing seriously, this is your goal. Remember, two members of a foursome must be LCBA Members to win the trophy.

• 2 Do-Over Mulligans for Tee Shots • 1 Do-Over Mulligan for a Chip Shot • 1 Give-Me - If ball is within 2 putter lengths of hole, pick it up and count is as only one stroke • 5 additional raffle tickets for door prizes

Contests for players of all levels • 1st, 2nd, 10th & “You Should try Bowling” Place Awards • Men’s/Women’s Longest Drive • Men’s/Women’s Straightest Drive • Men’s/Women’s Closest to the Pin • $10,000 Hole In One Prize Contests for players of all levels $185/player or $700/foursome • Greens fee, cart and range balls • Lunch, two beverage tickets and post play reception • Commemorative golf item • 1 door prize ticket per player • Raffle Prizes and Outing contests • 50/50 Ball Drop • Raffle prizes

Raffle Prizes We are seeking 5 - 10 raffle prizes valued at $500 or above. Donors receive: • Firm, organization or company prominently displayed throughout the championship • Firm, organization or company name/logo on all advance promotional materials once commitment is made • Acknowledgment of sponsorship in player welcome packet • 1/4 page ad in August or September 2019 issue of The Docket

• Registration & Practice 10:30 a.m. • Lunch 11:00 a.m. - 12:30 p.m. • Shot Gun Start 12:30 p.m. • Post Game Reception Approx. 5:00 p.m. The Fine Print No reservations will be accepted unless payment is received (or guaranteed by a credit card) by Friday, July 19, 2019. No refunds will be issued after 12:00 Noon, Friday, July 19, 2019. Any member who reserves a foursome will be responsible for the payment and attendance of the entire group. The reserving LCBA member’s credit card will be charged for the entire group fee regardless of whether the entire foursome is present to play on Thursday, July 25, 2019 (unless prior arrangements have been made before the cancellation date).

Join the fun as a Sponsor Hole In One Sponsor: $1500 (Exclusive to only 1 sponsor) Eagle 4-Some Sponsor: $1,200 (Exclusive Hole Sponsorship & 4-Some) Gold Tee Sponsor: $750 (Exclusive Hole Sponsor) Golf Cart Sponsors: $500 (2 available) Competition Sponsor: $250 (Longest Drive / Straightest Drive / Closest to the Pin) All sponsors acknowledged on rules sheet, during post-round reception and in the August issue of The Docket.

June 2019

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May 9, 2017 June 6, 2017·

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The Ins and Outs of Nunc Pro Tunc

C

BY JUSTICE MARY SEMINARA SCHOSTOK

onsider this scenario: Six months after judgment was entered, one party files a motion asking to amend the judgment “nunc pro tunc” to include certain language. Can they do that? Well, maybe—it depends on what happened six months ago. Here’s a quick guide for practitioners to the ins and outs of nunc pro tunc.

The purpose of a nunc pro tunc order is “to make the record speak the truth.”1 A trial court has the authority to enter a nunc pro tunc order at any time to correct the written record so that it conforms with the judgment that was in fact rendered by the court.2 But the court cannot use a nunc pro tunc order to add findings or language on matters that it never originally addressed, or to correct its own errors, Mary or to cure a jurisdictional defect.3 So Seminarawhen you’re wondering whether a Schostok was request for a nunc pro tunc order is appointed an Appellate proper, the key question is: Is the moJudge in vant seeking a new ruling, or simply the Second asking to put a previous ruling on the District record? Appellate “Nunc pro tunc” means “now for Court in 1 2 3

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Kooyenga v. Hertz Equipment Rentals, Inc., 79 Ill.App.3d 1051, 1058 (1st Dist. 1979). Id. at 1055-56; Gagliano v. 714 Sheridan Venture, 144 Ill.App.3d 854, 857 (1st Dist. 1986). Kooyenga, 79 Ill.App.3d at 1056.

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then.” The phrase is used to show that a modification of a court’s order dates back to the time of the original order. Because trial courts do not lose jurisdiction to correct their records,4 courts can issue nunc pro tunc orders even after they have lost jurisdiction to make any other type of modification. The authority to correct the record through a nunc pro tunc order is founded upon “the right and duty of the courts to do entire justice to every suitor” and courts’ inherent control over their own records.5 If the judge (or other factfinder)

August, 2008 and currently serves as the Third Vice-President of the Illinois Judges Association and as Chair of the Criminal Law and Probation Committee of the Illinois Supreme Court.

4 People v. Adams, 144 Ill.2d 381, 394 (1991). 5 Kooyenga, 79 Ill.App.3d at 1056; see Gagliano, 144 Ill.App.3d at 856. Because of its inherent power to correct the record to reflect the judgment actually rendered, a court can enter a nunc pro tunc order sua sponte, so long as it provides the parties with notice of the proposed correction and an opportunity to be heard. In re Marriage of Hirsch, 135 Ill.App.3d 945, 955 (1st Dist. 1985).

actually ruled on a particular issue but that ruling just didn’t make it into the written order, the court can issue a new order amending the original order nunc pro tunc to include the ruling, or even issue a new separate order. For example, in Kooyenga v. Hertz Equipment Rentals, Inc., a jury found both the defendant and the third-party defendant liable. But the clerk entered only the first judgment into the record while neglecting to enter the second judgment. The reviewing court held that the record could be corrected nunc pro tunc to include the judgment against the third-party defendant.6 On the other hand, a court cannot use a nunc pro tunc order if the issue was not raised and presented for decision,7 or the court simply omitted to address the issue.8 In In re Aaron R.,9 the trial court entered an order returning physical custody of a child to his parents. However, the parents’ petition for custody had not sought to terminate the Department of Children and Family Services’ guardianship over the child, and the court order granting their petition did not address termination of that guardianship. Nor did the order contain the findings that would be required if the guardianship were terminated. The trial court later entered orders amending its prior order “nunc pro tunc” to include the findings and terminate the guardianship, and the Department appealed. The reviewing court held that the trial court could not insert findings that were never made or amend its prior order to address a separate issue that had not been raised.10 Similarly, the record cannot be changed to include a ruling or judgment that was never actually rendered.11

And a court cannot use a nunc pro tunc order simply because it has now had second thoughts and wants to change its earlier ruling, or it wants to correct its own error.12 For instance, where the entry of an order imposing an incorrect term of probation was the result of flawed judicial reasoning rather than a scrivener’s error, the error could not be corrected through the entry of a later nunc pro tunc order.13 Courts sometimes say that nunc pro tunc orders can be used to correct only clerical errors, not judicial errors. This statement, however, can be misleading. “The distinction between a clerical error and a judicial error does not depend upon the source of the error, but rather, upon whether the error was the deliberate result of judicial reasoning and determination, as opposed to mere inadvertence.”14 If the error was an inadvertent failure to accurately record a ruling, it can be corrected with a nunc pro tunc order regardless of whether the error was committed by the judge, the clerk, or the attorney drafting the order. One of the most important aspects of a motion for a nunc pro tunc order is that it must be properly supported. A nunc pro tunc amendment of the record cannot be based on memory alone—not the parties’ recollections of the proceedings, and not even the court’s own recollection.15 Nor can it be based on affidavits or other after-the-fact testimony.16 Instead, a nunc pro tunc order must be based on some indication in the “records or quasi records”17 of the case that the trial court actually addressed the issue and made a ruling. Courts weighing whether a nunc pro tunc order was properly entered have

“Nunc pro tunc” means “now

for then.” The phrase is used to show that a modification of a

court’s order dates back to the time of the original order.

6 7

Kooyenga, 79 Ill.App.3d at 1058. In re Aaron R., 387 Ill.App.3d 1130, 1140 (2009) (where the “court was not asked either before or at the hearing to terminate wardship and guardianship” but only to return custody, the court could not later amend its written order to provide for such termination nunc pro tunc). 8 Harreld v. Butler, 2014 IL App (2d) 131065, ¶ 14 (where there was no indication in the record that the trial court made a particular finding, the written order could not be amended nunc pro tunc to add the finding more than 30 days later); Gagliano, 144 Ill.App.3d at 857 (nunc pro tunc order cannot be used to “supply omitted judicial action”). 9 Aaron R., 387 Ill.App.3d at 1134. 10 Id. at 1140. 11 In the malpractice case of Jefferson v. Mercy Hospital & Medical Center, 2018 IL App (1st) 162219, the plaintiff died after the case had been submitted to the jury but before it had finished deliberating. The plaintiff could not use a nunc pro tunc order to preserve the jury’s award of future damages because, at the moment of death, no verdict had been rendered and thus judg-

12

13 14 15

16 17

ment granting such damages could not have been entered. Id. ¶ 52 (explaining the difference between a bench trial and a jury trial in this regard). See, e.g., People v. Jessie B., 327 Ill.App.3d 1084, 1089 (3d Dist. 2002); see also In re Marriage of Breslow, 306 Ill. App. 3d 41, 54 (1st Dist. 1999) (nunc pro tunc order “explaining” or expanding upon the trial court’s prior judgment several months earlier was improper, especially where the trial court itself commented that its original judgment was clear and unambiguous). Jessie B., 327 Ill.App.3d at 1089. Gagliano, 144 Ill.App.3d at 857; see also Kooyenga, 79 Ill. App.3d at 1058. Beck v. Stepp, 144 Ill.2d 232, 239 (1991), abrogated on other grounds, Kingbrook, Inc. v. Pupurs, 202 Ill.2d 24, 30-31 (2002) (“Nunc pro tunc orders must be based upon definite and precise evidence in the record. … The certainty of evidence must be assured without reliance upon the memory of the judge or any other person.”). Id. Kooyenga, 79 Ill.App.3d at 1056.

June 2019

19

considered a wide variety of “evidence”: a judge’s contemporaneous notes in the record,18 motions showing that a party asked for certain relief,19 transcripts,20 receiver’s reports,21 filings showing the identify of an attorney not specifically identified in the order,22 and administrative records.23 But if a motion for a nunc pro tunc order does not point to objective support for the amendment that’s being sought, it should be denied.24 If a nunc pro tunc order was improperly entered, 18 In re Young’s Estate, 414 Ill. 525, 534 (1953). 19 See Gagliano, 144 Ill.App.3d at 855-56 (where original order stated that the plaintiffs’ motion for summary judgment was granted “in an amount of $70,400 for both [plaintiffs] individually,” later nunc pro tunc order clarifying that each plaintiff was to receive $70,400 was proper where the complaint and motion for summary judgment requested those damages for each plaintiff and the evidence supported the conclusion that each plaintiff was owed that amount). 20 Id. at 857 (“Any item in the record, including transcripts, may provide a proper basis” for a nunc pro tunc order). 21 Neumann v. Neumann, 334 Ill.App.3d 305, 310 (3d Dist. 2002). 22 Pagano v. Rand Materials Handling Equipment Co., Inc., 249 Ill. App.3d 995, 998-99 (1st Dist. 1993). 23 Gounaris v. City of Chicago, 321 Ill.App.3d 487, 492-93 (1st Dist. 2001) (where director of the Local Liquor Control Commission had initialed the hearing officer’s finding that appropriate length of license suspension was 21 days, administrative agency had power to correct nunc pro tunc its original order stating that license was suspended for 15 days). 24 Beck, 144 Ill.2d at 239.

can it be appealed? Yes. As the court in In re Marriage of Breslow pointed out, “it would be manifestly unfair”25 to allow the nunc pro tunc amendment of a prior order after expiration of the time to appeal the prior order, but then deny any avenue for appealing the nunc pro tunc order. Although the nunc pro tunc amendment itself dates back to the time the prior order was entered, the court’s decision to make that amendment can be appealed within the usual time.26 On appeal, the reviewing court will consider only whether the nunc pro tunc amendment was proper—appealing a nunc pro tunc order does not give a party a fresh chance to challenge the correctness of the underlying prior order where the time to appeal that order has already expired.27 What about interlocutory orders—can a finding pursuant to Supreme Court Rule 304(a)28 be added to an order nunc pro tunc? The answer is no—but there are other ways such a finding can be added to the record. As the court held in Harreld v. Butler, a nunc pro tunc order cannot be used to supply a Rule 304(a) finding after the fact; if the trial court did not originally make such a finding, then the record cannot be “corrected” to show that there was one.29 However, as long as some portion of the case is still ongoing in the trial court, a party can simply request that the trial court now make a Rule 304(a) finding with respect to the order the party wants to appeal, and then seek to supplement the record on appeal with that finding pursuant to Supreme Court Rule 329.30 Nunc pro tunc amendments can be extremely helpful to correct the record if for some reason it does not accurately reflect the rulings actually made by the court. However, courts as well as litigants must be vigilant to ensure that it is not misused to improperly supplement the record or re-write history. 25 26 27 28 29

Breslow, 306 Ill.App.3d at 51. Kooyenga, 79 Ill.App.3d at 1059. Id.; see also Breslow, 306 Ill.App.3d at 52. Ill. S. Ct. R. 304(a) (eff. Feb. 6, 2010). See Harreld, 2014 IL App (2d) 131065, ¶ 14; Rausch v. Albert, 138 Ill.App.3d 799, 805 (5th Dist. 1985). 30 Ill. S. Ct. R. 329 (eff. Jan. 1, 2006); see Harreld, 2014 IL App (2d) 131065, ¶ 17 (discussing the use of Rule 329 to supplement the record on appeal with a belated Rule 304(a) finding).

20 The Docket

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Book Review: The Lawyer’s Light, Daily Meditations for Growth and Recovery

A

BY DAWN M. ROSE, JD, CHHR

s Oliver Wendell Holmes, Jr. said, “I find the great thing in this world is not so much where we stand, as in what direction we are moving.” In a profession structured around countless appointments, malleable goals and billable hours, one essential practice to keep us headed in the right direction is daily intention setting. Lawyers face challenges that other professions do ties, and social circles. Daily intentions bring increased not have - constant deadlines, client pressures to achieve awareness and focus to our minds, so the path forward successful outcomes, getting pulled in opposite direcremains clear. One illuminating resource on the path tions, confronting emotional challenges and personal of well-being and balance is The Lawyer’s Light: Daily tragedies on a daily basis, executing a daily routine that Meditations for Growth and Recovery, authored by atoften defines us, and vigilantly protecting reputation and torney and former Minnesota senator, Kevin Chandler. image, for example. We can easily lose sight of the long Chandler has served with the U.S. Department of Jusview as we settle for making it through the day. At times, tice, U.S. House Energy and Commerce Committee, and the stress of trying to balance it all on the board of Lawyer’s Concerned appears overwhelming. In Illinois, it for Lawyers, a non-profit dedicated Dawn M. is estimated that 10-20% of attorneys to assisting lawyers, judges, and law Rose, JD, CHHR and judges find themselves facing students affected by alcohol, drugs, serves addictions or mental illness as a result and other addictions. as the of job-related stress. In my own personal experience, I Director of The practice of setting daily infound it increasingly difficult to focus Planning tentions can move us out of a danger at work while dealing with concerns & Human Capital for zone into a healthier space. Distinct about my ex-partner’s alcoholism. the Departfrom goals, intentions are unlimWhile I thought things were “fine” ment of ited, expansive, and more effective and maintained my job, I worked Neurologiwhen we are committed to producing excessive hours to avoid dealing with cal Surgery specific results and contributing to him and even grew somewhat unat Northwestern Medicine. our workplaces, families, communicomfortable at my own need to “wind

22 The Docket

down” after work with a glass of wine. We spent less and less time with friends and mutual acquaintances. I experienced depths of loneliness and unhappiness like never before. It wasn’t until I started attending Alanon and engaging in daily mindfulness practices that I could regain clarity on my path forward. The Lawyer’s Light encourages attorneys to focus daily on healthy behaviors such as nurturing friendships and family relationships, developing self-awareness, taking quiet time to rejuvenate, and reaching out for help when needed. Referring frequently to the principles and traditions of the twelve-step programs, this unique resource was created by Chandler after he realized that his training as an attorney was directly impacting his own successful recovery from alcoholism. He has compiled this daily reader that provides readily-consumable, relevant perspective for those closest to the practice of law, with reflections inspired by quotes from more than 230 lawyers, jurists, and civic figures. Chandler speaks frankly about the delicate balance that lawyers face between our personal and professional lives, which sometimes leads to emotional numbness or outright denial of our emotions: “There certainly is a perception that lawyers are ruthless, unflappable automatons who lack emotions and human feelings. In fairness, that’s an image our profession often encourages…Our logical, fact-based thinking is a great gift, but it can also be a curse if we allow it to block our true feelings, particularly with ourselves.” (Chandler, Page 30). While the messages throughout this book are derived from his personal experiences as an alcoholic, they are equally thought-provoking for friends, family members, or colleagues in the legal community who are facing their own recovery from codependency or seeking ways to support others who are facing these issues. Chandler urges us to seek balance, to take life and its inevitable problems one day at a time, and to build a new life of honesty, trust, and order. He quotes lawyer and activist Charles Halpern, saying “[M]indfulness helps lawyers deal with the problem of stress and anxiety that overwhelms many of them and saps spontaneity and happiness from their professional lives.” Since 1980, the Lawyers’ Assistance Program (LAP) has helped individuals within the Illinois legal community head in a more positive direction when affected by addiction, mental health issues, and other sources of stress. LAP provides free and confidential assistance for lawyers, judges, law students, family members, and colleagues who have been affected by these issues. Wherever possible, LAP addresses problems before they jeopardize a lawyer’s practice, a judge’s career, or a law student’s education. Approximately 300 trained volunteers work with staff and board members to provide assistance to legal professionals throughout the State. LAP is completely independent from the Illinois Attorney Registration and Disciplinary Commission and Judicial Inquiry Board. For more information or assistance, visit www.Illinois-

LAP.org or email GetHelp@IllinoisLAP.org. Dawn M. Rose, JD, CHHR serves as the Director of Planning & Human Capital for the Department of Neurological Surgery at Northwestern Medicine. She has provided pro bono legal services with Equip for Equality’s Special Education Clinic, and utilizes her knowledge of disability law to advocate for the inclusion of people with disabilities, including as patients in various healthcare settings. She earned her J.D. and Certificate in Labor and Employment Law in 2007 from Chicago-Kent College of Law. She is a member of the American Bar Association, and is admitted to the Illinois State Bar.

June 2019

23

Board of Directors’ Meeting

The

April 18, 2019

T

he Lake County Bar Association Board of Directors met at noon on Thursday, April 18, 2019 at its office in Waukegan, Illinois. Present were B. Lewis, S. Rice, Hon. P. Cornell, S. Parikh, J. Fusz, J. Howe, T. Devine, T. Newsome, Hon. C. Bishop, K. Hatch, D. Del Re, T. Pasquesi and Executive Director D. Perrin. The meeting was called to order at 12:10 p.m. CONSENT AGENDA A motion was made to approve the consent agenda, was seconded, discussion ensued, and the motion to approve the consent agenda passed. TREASURER’S REPORT The Board reviewed the financial reports to date for FY 2018-19, as well as March 2019 bank account and statements. Financial safeguard measures continue to be in place and are working effectively. The LCBA is operating above current financial projections due to effective event and cost

24 The Docket

management, though an absence of reliable historical data does not allow for a true comparison to past financial performance. Discussion took place regarding the Association’s process for projecting seminar costs. A motion was made to table further discussions regarding best practice to plan future seminars until the June board meeting, was seconded, discussion ensued, and the motion passed. EDUCATIONAL PROGRAM FOR YOUTH OFFENDERS; REAL LIFE A meeting is scheduled to take place with the Videographer on May 10, 2019. STAFFING UPDATE Jose will be leaving the Lake County Bar Association and has given his notice with resignation. Dale will be preparing an updated job description. Jose has accumulated paid time off and requested to be paid for same. A motion was made to pay

Meeting Minutes BY SHYAMA S. PARIKH SECRETARY

Jose for his 44 hours of paid time off accumulated, was seconded, discussion ensued, and the Motion passed. ASSOCIATION DUES INCREASE AND FOUNDATION DUES CHECK-OFF The board continued discussion regarding three related issues: a potential dues increase; a government/non-profit attorney rate; and possibly making the foundation contribution a fixed part of the dues. Regarding a dues increase, the Association’s last increase took place two years ago, at which time the Board discussed having more regular increases (there was an over 8-year period with no increase). Upcoming revenue needs include money for staffing, staff retention, and the accumulation of a reasonable reserve fund. After discussion of various options, which were partially outlined in a deci-

sion brief submitted to the Board in advance, a motion was made to increase association dues consistent with inflation over the past two years, which is approximately 2% per year (4% over two years). The motion was seconded, discussion ensued, and the motion passed, over objection. The creation of a government-attorney/non-profit rate was also discussed, as previous Boards have also done. Various cost scenarios were again outlined in a decision brief submitted to the Board in advance. A motion was made to implement, for the 20192020 dues cycle, a government/non-profit rate of $150 for attorneys in those categories who have not ever been members, or who have lapsed memberships dating back at least two years, was seconded, discussion ensued, and the motion passed over objection. Discussion also took place about possibly

making the Foundation dues checkoff, which is $50, a fixed part of our dues. Again, options were partially outlined in a decision brief submitted to the Board in advance. Discussion ensued generally about how the Association and Foundation can work to improve support and revenue for the Foundation’s mission. MEMBER PHOTO PROJECT Additional bids have been received from photography studios for member head shots and a collage. The most favorable were reviewed, which in-

cluded a fixed price for the head shot and a portion of same to be paid to the association by the photographer to defray costs. The last time a photo project was done was in 2015 and there was a loss of approximately $9,000 to the Association due to expenses the Association incurred and were not factored in during the negotiations with the photographer as well as the purchase of small collages that were not able to be sold to the membership. The board is considering waiting until 2020 for this project so there is a 5 year gap. This matter will be placed on the July agenda.

2019-2020 FOUNDATION BOARD MEMBERS Discussion took place on recommended members to serve on the Foundation Board. There were four applicants for the two open spots. A motion was made to approve Joseph Morrison and Kristie Fingerhut, was seconded, discussion ensued and the motion passed. INFORMATIONAL ITEMS Spring Member Picnic: Will take place on May 31, 2019. The location is yet to be determined. Appellate Justice Reception: The dates being considered are June 20, 27,

or July 11 in Courtroom. Justice Schostok is circulating same to determine availability and will inform us. The Reception will take place in T810 and will be followed by a reception in the LCBA Member Center. New Members: The Board reviewed the new members of the Lake County Bar Association and are pleased with its continued growth. Memorial Service: B. Wysocki proposed dates of May 23, 24, or 31 to hold same; it will take place at lunch. Motion was made to adjourn at 1:18pm, was seconded and the Motion passed.

Member Reception June 27, 2019 4:30 - 6:30 p.m.

Join us after work to network with fellow members at the LCBA Member Center Sponsored by

MEMBER RECEPTION SPONSORSHIP OPPORTUNITIES LCBA Member Receptions will generally be held on the 4th Thursday of every month.

Your $500 sponsorship includes: • Recognition in advertising before the event and on signage at the event • Reception from 4:30 – 6:30 p.m. • Complimentary beer and wine. Upgrades available for additional fee.

Contact Dale Perrin at dale@lakebar.org to add your name to a reception.

June 2019 25

It’s Time to Renew Your Membership

M

ost likely, by the time you read this, the 20192020 Membership Dues Renewal email will have been sent to most of you. That email is scheduled to be sent on June 6. Be sure to check your inbox. All memberships renew on July 1. Please note, the email IS your renewal notice. Paper invoices will only be sent as late reminders in July to those who have not renewed. Please remember that membership in the LCBA is an Individual membership as opposed to a Firm, with multiple representatives, membership. This means, each member needs to renew individually. The Firm is welcome to send one check paying for all individual membership. But before we know how much that one check should be, each member must go through the process of renewing. During the renewal

26 The Docket

process each member will be asked to select one option in three different Modifier Categories. You will not be able to complete your renewal without selecting one option in each category. The categories include: Courthouse Access Pass You can pre-pay for your courthouse access pass, or not. Contribution to the Foundation – Support the charitable efforts of the LCBF by making a contribution with your dues. Credit Card Payment Convenience Fee – If you plan to pay with a credit card, you’ll be assessed a 4% convenience fee on the total amount. If paying with a credit card, click the “Yes” box then enter your invoice total in the box to the right. To find your invoice total, scroll down to the “Payment Information” section. Your total appears on the first line titled: Payment Amount.

In the

Director’s Chair

This amount will change once you enter the number in the CC Convenience Fee box above. If you wish to pay with a check, simply choose that option in the Payment Information section. After clicking “Submit Securely” you will be redirected to a confirmation page with a link to view/print your renewal invoice. As with any membership, membership in the LCBA provides you with access. Access to information. Access to events that provide access to individuals. Those individuals might be an attorney with more experience with a particular type of case who you can learn from. It might be a supplier who provides services you need. It might be a competing attorney who would be willing to refer business your way if they are unable to take on a particular client. Or it might be a Judge who can offer general

BY DALE PERRIN EXECUTIVE DIRECTOR advice on how to be a better trial lawyer. Membership also provides access to multiple Continuing Legal Education programs designed to advance your career. Membership also provides you access to our beautiful office facility to meet a client before court, catch up on work between court appearance without going all the way back to your office, park in our free parking lot. I could fill this entire magazine detailing the many benefits of membership. But I think you get the point by now. If you have any questions or need assistance renewing your membership the friendly LCBA Staff is only a phone call or email away. I look forward to seeing many of you at our next Member Reception on June 27, from 4:30 – 6:30, in the Member Center, hosted by Lindsay, Pickett & Postel, LLC.

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June 2019 27

Correction: The Child Inclusive Mediation article on page 12 of the May Issue of the Docket was Co-Authored by Kelly A. Collins with Riewer & Collins, LLC and Linda Sheehan.

Monthly

Committee Meetings

DAY

MEETING

LOCATION

TIME

1st Tuesday

Diversity & Community Outreach

LCBA

12:15-1:15

1st Thursday

Real Estate

Primo, Gurnee

5:30-6:30

Editorial 1st Thursday (Odd Mo.) Docket Committee

LCBA

12:15-1:15

2nd Tuesday

LCBA

12:15-1:15

LCBA

4:30-5:30

Criminal Law

2nd Tuesday (Odd Mo.) Immigration 2nd Wednesday

Family Law Advisory Group (FLAG)

LCBA

12:00-1:00

2nd Wednesday

Civil Trial and Appeals

LCBA

4:00-5:00

2 Thursday

Young & New Lawyers

TBD

5:30-6:30

3rd Tuesday

Local Government

LCBA

12:15-1:15

3rd Tuesday

LCBF Board of Trustees

LCBA

4:00

3rd Wednesday

Debtor/Creditor Rights

Varies

5:30-6:30

3rd Wednesday

Family Law

C-105

12:00-1:00

3nd Wednesday

Trusts and Estates

LCBA

12:15-1:15

3rd Wednesday (Odd Mo.) Employment Law

Varies

5:15-6:15

3rd Thursday

LCBA

12:00 noon

nd

LCBA Board of Directors

• RSVP to a meeting at www.lakebar.org. • Meetings subject to change. Please check your weekly e-news, the on-line calendar at www.lakebar.org or call the LCBA Office @ (847) 244-3143. • Please feel free to bring your lunch to the LCBA office for any noon meetings. Food and beverages at restaurants are purchased on a individual basis.

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Do you have a speaker idea or suggestion for our business meetings? We would like to hear from you! Send your ideas to: dale@lakebar.org 28 The Docket

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