Board of Governors Meeting ISBA Chicago Regional Office 20 … · 2018-01-04 · Board member...

Board of Governors Meeting ISBA Chicago Regional Office

20 South Clark Street, Chicago

October 20, 2017

AGENDA Friday, October 20th 8:15 a.m. - Continental Breakfast 9:00 a.m. - Board of Governors Meeting 12:00 p.m. - Lunch 6:30 p.m. - Illinois Bar Foundation Gala 2017

SPECIAL SETTINGS 9:15 a.m. State and Local Taxation Section Council

Representatives from the State and Local Taxation Section Council will be present to explain the request of the Section Council regarding the implementation of E-Filing in the area of real estate tax assessments. (Action Item #53)

10:30 a.m. Standing Committee on Judicial Evaluations – Cook County

Representatives from the Standing Committee on Judicial Evaluations – Cook County will be present to provide a report on current activities. (Action Item #72)

ACTION AGENDA

1. MINUTES

Attached is a copy of the minutes of the July 21, 2017 meeting of the Board of Governors.

3. PRESIDENT’S REPORT

President Hartigan will provide a summary of bar-related activities. 5. BUDGET AND AUDIT James McCluskey, Chair

Attached are the unaudited Operating Statements for the fiscal year ending June 30, 2017.

6. SCOPE & CORRELATION

David Sosin, Chair The Standing Committee on Scope and Correlation met on October 19, 2017. David

Sosin, Chair of the Committee, will make a report on matters to be considered by the Board. Please refer to attached copy of the October 19th Agenda and materials.

8. EXECUTIVE SESSION The Board of Governors will go into Executive Session to address matters relating to:

A. Litigation B. Task Force on Unauthorized Practice of Law C. ISBA Staff Leadership Succession and Transition Plan D. Contract with ISBA Executive Director

11. ELECTIONS Attached is a copy of the 2018 Election Notice. SECTION COUNCILS 53. State and Local Taxation Timothy Moran, Chair (Devine)

The Chair of the State and Local Taxation Section Council will be present to explain the request of the section council regarding the implementation of E-Filing in the area of real estate tax assessments. Please refer to attached letter from the Chair. (Specially set for 9:15 a.m.)

STANDING COMMITTEES

72. Judicial Evaluations – Cook CountyRobert Loeb and Janette Strzalka, Co-chairs (Durkin)

Representatives from the Standing Committee on Judicial Evaluations – Cook County willbe present to provide a report on current activities. (Specially set for 10:30 a.m.)

78. LegislationVincent Cornelius, Chair

The Board will be requested to consider components of the 2018 Legislative Package that will be submitted for approval to the Assembly at its December, 2017 meeting. Please refer to attached memorandum from the Director of Legislative Affairs.

SPECIAL COMMITTEES & TASK FORCES

98. TASK FORCE ON UNAUTHORIZED PRACTICE OF LAWJulie Katz, Chair (Fruehling)

Executive Session

INFORMATION AGENDA

2. CALENDAR

Attached is a copy of the 2017-18 Board meeting schedule.

Board of Governor Meeting

October 20, 2017

Action Agenda Item #1

Minutes

Board of Governors Meeting

LeMeridien Chicago Oak Brook, Illinois

July 21, 2017

MINUTES

Board Members Present: Hartigan, McCluskey, Sosin, Orsey, Cornelius, Beisinger, Davis, Doherty,

Duignan, Durkin, Fruehling, Gaertner, George Stewart, Gill, Johnson, Kasserman, Krolikowska, LaRose,

Menaker, O’Brien, Rochford, Wawrzynek, Weiler, White, Williams, and Wright.

Board Members Absent: None (one Board seat vacant)

Others Present: Browder, President of the Illinois Bar Foundation, Crawford, Chair of the Delivery of Legal

Services Committee, and Anderson, Executive Director Illinois Bar Foundation, Vetri, Member.

Staff Present: Craghead, Executive Director, Covington, Director of Legislative Affairs, Northrup, General

Counsel, and Weaver, Assistant to the Executive Director.

President Hartigan called the meeting to order and presided throughout.

* SPECIAL SETTING – New Board Member Introductions

A. Board Member Fruehling introduced and welcomed new Board Member Beisinger.

B. Board Member Krolikowska introduced and welcomed new Board Member Johnson.

C. Board Member Hartigan introduced and welcomed new Board Member Kasserman.

D. Board Member Duignan introduced and welcomed new Board Member LaRose.

E. Board Member George Stewart introduced and welcomed new Board Member White.

1. Minutes

A. Board Meeting

Motion duly made, seconded and carried to approve the Minutes of the May 19, 2017 meeting as

revised.

B. Executive Session

Motion duly made, and seconded to go into Executive Session for the sole purpose of approving

the Executive Session Minutes of the May 19, 2017 Executive Session.

[N.B. Executive Session minutes approved, and motion made, seconded, and approved to return

to regular session.]

3. President’s Report

President Hartigan welcomed the Board members.

President Hartigan referenced his recent President’s page for a description of anticipated

activities in 2017-2018. He congratulated Executive Director Craghead on his upcoming

installation as President of the National Association of Bar Executives. He also directed the

Board’s attention to the ISBA’s newly designed “Practice HQ” as a source of practical law practice

information for members, as well as the initiation of the new Privacy and Information Security

Law section.

8. Administrative Matters

Each member of the Board was requested to read, sign and return a copy of the ISBA Conflict of

Interest Policy provided with the agenda materials.

10. Professional Ethics Opinions

President Hartigan called upon General Counsel Northrup to discuss an ethics opinion that had

been recommended for approval by the Board.

General Counsel Northrup provided background information and the recommendation of the

Professional Conduct Committee with respect to proposed ethics opinion 17-05, which addressed

the ethical duties of in-house corporate counsel.

Motion made, seconded and carried to approve opinion 17-05.

11. Elections

A. Secretary

For the one year term as Association Secretary, the name of Elizabeth Rochford was placed in

nomination. Motion made, seconded and carried to close nominations, and Elizabeth Rochford

was declared elected.

B. Treasurer

For the one year term as Association Treasurer, the names of Bridget Duignan and Kenneth Wright

were placed in nomination. Motion made, seconded and carried to close nominations. After

secret ballot, Bridget Duignan was declared elected.

C. Scope & Correlation Committee

For the seven open seats on the Board’s Scope and Correlation Committee, the names of Chuck

Davis, Nora Doherty, Bridget Duignan, Al Durkin, Kent Gaertner, Ava George Stewart, Anna

Krolikowska, Pamela Menaker, Sonni Williams, and Kenneth Wright were placed in nomination.

Motion made, seconded, and carried to close nominations. After secret ballot, Nora Doherty,

Bridget Duignan, Ava George Stewart, Kent Gaertner, Anna Krolikowska, Pamela Menaker, and

Sonni Williams were declared elected.

D. Board of Governors, Area VIII

To fill the vacancy resulting from the election of Dennis Orsey as ISBA Third Vice-President,

nominations of eligible members had been sought through a formal notice to the membership.

Members who nominated themselves were: Brad Bagley, Mathew Benson, Daniel Bronke, Perry

Browder, Roza Gossage, George Marifian, J. David Sanders, Jennifer Shaw, Tom Speedie, Shira

Truitt, Kristi Vetri, and Lois Wood. As presiding officer, President Hartigan outlined the election

process which would involve three rounds of voting.

After the first secret ballot, the five candidates receiving the most votes from the twelve

candidates were: Perry Browder, Jennifer Shaw, Shira Truitt, Kristi Vetri, and Lois Wood. The

Board was then instructed to vote for two of these five candidates.

After the second secret ballot, the two candidates receiving the most votes from the five

candidates were: Perry Browder and Shira Truitt. The Board was then instructed to vote for one

of these two candidates.

After the third secret ballot, Perry Browder was declared elected.

E. Assembly

To fill a vacancy in the 18th Circuit for a two-year term, nominations of eligible members had been

sought through a formal notice to the membership. Only one member nominated himself, Richard

Veenstra. Pursuant to paragraph 3.8(a) of the Association’s Policy and Procedures on Association

Elections, Richard Veenstra was declared elected.

To fill two vacancies in Cook County, a one year term and a two-year term, nominations of eligible

members had been sought through a formal notice to the membership. Members who nominated

themselves were: Yekaterina Chudnovsky, Khara Coleman, Burton Gross, Robert Karton, Jill

O’Brien, and Evan Schanerberger. As presiding officer, President Hartigan outlined the election

process. He indicated that the candidate receiving the most votes would be elected to the two-

year term and the candidate receiving the second highest number of votes would be elected to

the one-year term.

After secret ballot, Jill O’Brien was declared elected to the two-year term, and Evan Schanerberger

was declared elected to the one-year term.

F. Illinois Bar Foundation

1. IBF Report. President Hartigan called upon Perry Browder, IBF President, to

address the Board. President Browder described the work of the IBF and its recent

successes. He noted the Foundation’s efforts to engage in a three year strategic plan,

increase its efforts to reach out to underserviced areas of the state, and expand its grant

making activities. He encouraged the Board members to continue to support and build

the Foundation, and also to share thoughts and ideas with the IBF.

David Anderson, IBF Executive Director, also addressed the Board. He expressed thanks

to the IBF staff for a number of successful events. He also updated the Board on the IBF’s

Justice Corps project, including its expansion into 10 courthouses around the state as well

as the continuing support of the project from the Access to Justice Commission.

2. ISBA Presidential Appointments. President Hartigan announced his

reappointment of ISBA Board members Bridget Duignan and Sonni Williams to the IBF

Board for one year terms.

3. ISBA Board Reappointments. President Hartigan asked the Board to confirm the

reappointment of six district IBF Board members for two-year terms including: David

Berek, Ava George Stewart, Michael Warner, Keith Emmons, Greg Shevlin, and Rory

Weiler.

Motion made, seconded and carried to confirm the referenced reappointments.

59. Standing Committee on Amicus

President Hartigan called upon General Counsel Northrup to present a recommendation

from the Amicus Committee to join with the American Academy of Matrimonial Lawyers

in filing an amicus brief with the Illinois Supreme Court in In re Marriage of Goesel, 2017

IL App (3d) 150101.

General Counsel Northrup described the relevant issue involving whether, under the

Illinois Marriage and Dissolution of Marriage Act, a court can compel a lawyer for one

spouse to turn over or disgorge attorney fees already paid and earned by the lawyer to

the opposing spouse’s lawyer. There is a split of authority on the issue in the Illinois

Appellate Court. The Amicus Committee and the Family Law Section Council recommend

joining with the AAML and urging the Court to hold that such disgorgement is not

authorized under the Marriage and Dissolution Act.

Board member Weiler spoke in favor of the recommendation.

Motion made, seconded and carried to join with the AAML in filing an amicus brief.

Board members Gill, O’Brien, Rochford, and Wright did not participate in the discussion

or voting.

65. Standing Committee on the Delivery of Legal Services

President Hartigan called upon Sandra Crawford, Chair of the Delivery of Legal Services

Committee and Board member Wawrzynek to address the Board concerning e-filing rules

applicable to self-represented litigants.

Chair Crawford and Board member Wawrzynek referenced the January 1, 2018 effective

date for mandatory e-filing in Illinois circuit courts and described a growing concern about

the lack of any accommodation for self-represented litigants who may not have access to

electronic means to file court documents or may not fully recognize the significance of

disclosing certain information during the filing process. The Delivery of Legal Services

Committee, joined by the Committee on Legal Technology, requested that the Association

convey these concerns to the Illinois Supreme Court and request that it provide relief

from the e-filing requirements for self-represented litigants.

The Board engaged in a broad discussion of the issue. Topics included the readiness of

circuit courts to accommodate e-filing by the January 1, 2018 deadline, exceptions for

self-represented litigants in many other state’s e-filing rules, preserving the ability of self-

represented litigants to file electronically if they have the means to do so, and whether a

specific plan from other stakeholders exists to present to the Court.

Motion made, seconded and carried for the Association to request that the Illinois

Supreme Court provide an exception for self-represented litigants’ with regard to

mandatory e-filing requirements until such time as the potential impacts and effects of

such e-filing on self-represented litigants can be considered and plans developed, if

necessary, for addressing such issues.

78. Legislation

President Hartigan called upon Director of Legislative Affairs Covington to address the

Board.

A. ABA Resolution 102B

Director Covington provided background on the Animal Law Section Council’s

recommendation that the ISBA support ABA Resolution 102B that urges states and units

of local government to adopt, implement, or both the “trap – neuter – vaccinate – return”

program for community cats.

After discussion, motion made, seconded and carried to support the ABA Resolution.

B. Senate Bill 326

Director Covington presented the question of whether the Association should take a

position on S.B. 326, specifically whether the Association should recommend that the

Governor amendatorily veto it. The Bill expands the definition of lienholders entitled to

protection under the Mechanics Lien Act to registered interior designers. Director

Covington discussed the pros and cons of the Bill, and the proposed veto. He noted that

the Association’s Construction Law and Real Estate Section Councils unanimously

opposed the Bill.

After discussion, motion made, seconded and carried to take no position.

112. Special Committee on Gun Violence

Director Covington provided a synopsis of the purpose of the Association’s Special Committee on

Gun Violence, and the efforts of stakeholders to bring attention to this issue. Director Covington

noted that the ISBA’s role to date was to support the efforts of the Chicago Bar Association and

the American Bar Association, which were particularly focused on Chicago, but to bring attention

to the idea that this is a statewide issue as well.

150. Other Matters

A. Proposed Lead Generation Rule

President Hartigan called upon General Counsel Northrup to provide a brief update of the status

of the Board’s previously approved lead generation rule.

General Counsel Northrup noted the status of this issue, including recent meetings with the

Court’s Attorney Registration and Disciplinary Commission and the Association’s Standing

Committee on the ARDC.

B. Distinguished Counselors

Motion made, seconded and carried to approve the Class of 2017 Distinguished Counsellors (list

attached to the agenda).

There being no other further business, motion made, seconded, and carried to adjourn the meeting.

Respectfully submitted,

Elizabeth Rochford, Secretary


October 20, 2017


Standing Committee on Scope and Correlation

SCOPE AND CORRELATION COMMITTEE Thursday, October 19, 2017

3:00 p.m.

CRO & Conference Call

AGENDA

Call-In Information A. Contact conference service: 1-888-346-3659; B. When connected, follow instructions using code: 5251760

1. Minutes

Attached is a copy of the Minutes of the May 4, 2017 meeting.

2. Lead Generation Rule The Assembly postponed action on the proposed rule to permit further discussion with ARDC regarding the proposal. Those discussions have taken place. Please refer to the attached status report from the General Counsel.

3. Bench and Bar Intermediary Program The Bench and Bar Section Council had presented a proposal that would establish a bench and bar intermediary program. The Scope Committee had identified some concerns regarding the proposal which were communicated to the Section Council. To date, a formal response from Bench and Bar has not been received. Please refer to the attached copy of the original proposal.

4. ISBA Board of Governors: Under Represented Seats The Scope Committee created a subcommittee to address the issues of the validity of and the process for these seats, pursuant to the provisions of the Bylaws. Al Durkin, chair of the subcommittee, will be present to explain the recommendations which are contained in the attached report.

5. ISBA Elections: Candidate Pictures Scope Chair Sosin has requested that the Committee consider the question of whether candidate pictures should no longer be included in campaign information that ISBA publishes in accordance with the Election policies and Procedures. Please refer to the attached proposed amendment to the Policies and Procedures which would effectuate this change.

6. ISBA Officers: Repeat Service The Committee is requested to consider amending the Bylaws to preclude an ISBA Past President from being a candidate for Third Vice President. Please refer to attached amendment to the Bylaws which would effectuate this change.

7. Cyber Law Committee The Intellectual Property Section Council had requested that the Scope Committee be made aware of its concern regarding the ostensible overlap in areas of responsibility between the new committee and the IP Section. Please refer to attached communication from the Chair of the Intellectual Property Section Council.

8. Next Meeting

9. Adjournment

Scope and Correlation

October 19, 2017

Agenda Item #1

Minutes

Standing Committee on Scope & Correlation May 4, 2017

CRO & Conference Call Meeting

MINUTES

Members Present: McCluskey (Chair), Davi, Duignan, Durkin, Krolikowska, Orsey, Saeedi and Sosin Members Absent: Fruehling and O’Brien Also Present: Nora Devine, John Locallo, Tim Moran, President-elect Hartigan, Executive Director Craghead, General Counsel Northrup, Director of Legislative Affairs Covington, and Assistant to the Executive Director Weaver Chair McCluskey called the meeting to order at 3:00 p.m. and presided throughout. 1. Minutes

Motion Saeedi/Krolikowska to approve the minutes of the February 15, 2017 meeting as submitted.

Motion carried.

2. Illinois Department of Financial and Professional Regulation – Prosecution

Nora Devine, John Locallo and Tim Moran appeared on behalf of the State and Local Taxation Section

Council and provided full background on the complaints the Department is presenting against two

property tax lawyers for the alleged unlicensed practice of real estate appraisal. The SALT representatives

were seeking some form of involvement by ISBA to support the two lawyers who are the subject of the

prosecution.

Motion Saeedi/Duignan to go into Executive Session. Motion carried.

Upon return to regular session, Chair McCluskey announced that the recommendation of the Scope

Committee would be presented to the Board of Governors at its May 19, 2017 meeting.

3. ISBA Delegation – ABA House of Delegates

Pursuant to action taken at the February 15, 2017 meeting of the Scope Committee, the General Counsel

submitted draft amendments to the ISBA Election Policy for ABA Delegates. Chair McCluskey described

the rationale for reducing the number of ISBA officer delegates by two and increasing the number of “at

large” delegates by the same amount. He noted the interests of the Association may be better served by

having more “at large” delegates who have actively sought the positions and who are able to serve 10

consecutive years. In addition, he indicated there will be some cost savings, estimated to be around

$6,000, by reducing the number of officer delegates. The proposed amendments are attached.

Motion Durkin/Duignan to recommend that the Board of Governors approve the amendments to the ABA

Delegate Election Policy. Motion carried unanimously.

4. Lead Generation – Proposed Rule

Pursuant to action taken at the February 15, 2017 meeting of the Scope Committee, the General Counsel

reported that the proposed Rule amendments had been referred for review to the appropriate standing

committees and section councils. With all but three groups providing input, there has been no expressed

opposition.

Motion Orsey/Saeedi to recommend that the Board of Governors approve the proposed Rule. Motion

carried unanimously. The proposed amendments are attached.

5. Underrepresented Seats – ISBA Board of Governors

Member Durkin, who chairs the subcommittee on this issue, reported that he had met formally with Cory

White, Chair of the Diversity Leadership Council, and Kenya Jenkins Wright, who previously held one of

the underrepresented seats. He described the discussion as very productive. Mr. Durkin indicated that his

subcommittee fully supported continuation of the seats. However, in the coming year, there will be

consideration of ways to make the selection process more transparent. The subcommittee will continue

with addition of Ms. Jenkins Wright and Mr. White. The Scope Committee agreed that the seats should

continue to exist and asked that a report be made to the Assembly at its June, 2017 meeting.

6A. Board of Governor Awards

The Scope Committee considered recommendations for Board of Governor Award recipients. After full

discussion, the Scope Committee was unable to reach agreement on three recommended recipients.

However, there was majority support for two award recipients. It was agreed that the Scope Committee

would present the entire list of nominations, with the recommendations of two recipients, to the Board

of Governors to make the final decision. The Scope Committee will suggest that the matter be addressed

by the Board in Executive Session.

6B. ISBA Awards – 2017

The Scope Committee reviewed the list of preliminary recipients of those ISBA awards pursuant to the

approved procedure.

7. Diversity Fellows Program

The Scope Committee noted the two nominations for the Diversity Leadership Council’s Fellows Program

and asked the DLC to continue to update the Scope Committee on the program’s progress.

8. Environmental Law Section Council Request

The Scope Committee reviewed the section council request to have the Association communicate with

the President of the United States regarding continued funding of the U.S. Environmental Protection

Agency. During discussion, members expressed the view that such communication at this point has

become moot as the Agency was funded in the temporary spending authorization passed by Congress.

The Scope Committee expressed its appreciation to the section council for proposing the communication

but opined that it was not propitious to make such a communication at this time. In addition, the Scope

Committee suggested that the section council be familiarized with the provisions of Bylaw Section 3.8.

9. Bench and Bar Liaison Panel – Proposal

The Bench and Bar Section Council has requested approval to create an ISBA program where a panel of

retired judges would be available throughout the state to foster improved communication between

lawyers and judges and to facilitate constructive resolution of instances of misunderstanding and

miscommunication.

The Scope Committee raised a number of questions and concerns that strongly suggest that there is a

substantial amount of additional work needed on the proposal. Staff was requested to communicate with

the section council and delineate the areas of concern.

10. New Section Council on Privacy and Cybersecurity

The Scope Committee considered the proposal to create this new section council.

Motion Krolikowska/Saeedi to recommend that the Board establish the Privacy and Cybersecurity Section

Council and that funds be allocated for this purpose in the 2017-18 budget. Motion carried.

(N.B. Based on the dues billing cycle, there will not be sufficient time to include this new section, if

approved, on the 2017/18 dues statement)

11. Standing Committee on ISBA Governance

The Scope Committee considered a proposed new policy on Assembly representatives designated by

section council.

Motion Durkin/Davi to recommend that the Board of Governors approve the policy. The proposed policy

is attached.

There being no further business, the meeting was adjourned at 4:45 p.m.


October 19, 2017

Agenda Item #2

Lead Generation Rule

MEMORANDUM

To: Scope & Correlation Committee From: Charles Northrup, General Counsel Date: September 15, 2017 Re: Lead Generation Proposed IRPC Amendments _____________________________________________________________________________________

As Scope recalls, in May the Board approved a set of revisions to the comments of the Rules of Professional Conduct to address lead generation, but particularly focused on Avvo Legal Services type business models. The proposed revisions were on the Assembly agenda for consideration, but Assembly discussion was deferred for two reasons. First, the ISBA’s ARDC Committee appeared opposed to the proposed revisions as not going far enough to restrict the ALS type business model. Second, representatives of the Court’s ARDC (the “Commission”) expressed an interest in discussing the proposed revisions with the ISBA. As reported at the July Board meeting, ISBA representatives met in July with the Commission to discuss generally lead generation. The crux of that meeting was that the Commission is actively looking at this issue from a broader perspective of nonlawyer service provider regulation, including perhaps lessening restrictions on traditional fee sharing prohibitions. The ISBA proposed revisions were not specifically discussed. Since the July Board meeting, the ISBA’s ARDC Committee has reviewed and reconsidered the proposed revisions, and in August voted to support them. At this time, it would appear that no further Scope or Board action is required in order to place the proposed revisions on the Mid-year meeting Assembly agenda.

Scope and Correlation October 19, 2017

Agenda Item #3

Bench and Bar Section Council

MEMORANDUM

TO: Standing Committee on Scope & Correlation FROM: Melissa L. Burkholder, Director of Section Services DATE: April 28, 2017 RE: Model Intermediary Program Proposal from the Bench & Bar Section Council

The Bench & Bar Section Council has developed a proposal for a Model Intermediary Program for lawyers and judges that is described in the attachment. Prior to the Scope Committee taking final action on the proposal, it is suggested that Scope review the proposal and provide feedback to the Section Council regarding any questions or concerns. The proposal has also been submitted to the General Counsel for review.

Model Intermediary Program to Increase Civility and Respect in Illinois The Illinois State Bar Association herby creates a Panel whose members will serve as liaison between members of the Bench and Bar in Illinois to 1) encourage constructive communication between members of the bar and the judiciary, who may otherwise refrain because of various reasons; 2) create a more formal procedure for handling sensitive situations; 3) provide a recognized source of communication between Bench and Bar that would have the credibility associated with a formalized procedure; 4) provide a confidential mentoring resource for members of the Bar particularly younger lawyers, to discuss and evaluate civility issues; 5) create an effective way to redress communication grievances, whether real or imagined; 6) furnish a seasoned panel of retired judges who can serve to defuse animosity within the legal profession involving matters of incivility and avoid errant behavior from escalating; and 7) enhance professionalism. The program will be carried out by a panel of intermediaries composed of retired judges. A lawyer who has a problem with a judge should contact a panel member of his or her choosing to discuss the problem. Panel members will be found on a list supplied by the Illinois State Bar Association and made available to all lawyers. If a panel member decides that the matter can be resolved by advice to the lawyer, the panel member can end the matter at that point. If the lawyer’s information calls into question the conduct of a particular judge, the panel member should talk to the judge. Either the contacted retired judge or another designated retired judge intermediary panel member may actually make the contact with the judge who is the subject of the complaint. The primary responsibility of the panel of intermediaries will be to receive and deliver any suggestions, criticisms or complaints from lawyers about judges regarding civility or timeliness. Under no circumstances shall this panel or its members be used to receive and deliver any suggestions, criticisms or complaints regarding matters under the jurisdiction of the Judicial Inquiry Board or the Attorney Registration and Disciplinary Commission or matters involving law, facts, or the outcome of specific pending cases. The intermediary shall terminate any communication beginning to go beyond the allowed parameters of this program. The panel members and their number in each judicial circuit, district, or other designated area in the state will be recommended by the Bench Bar Section Council of the Illinois State Bar Association to the Board of Governors of the Illinois State Bar Association who will make the determinations and appointments. The panel members will serve staggered terms of three years. Every contact to a panel member will be reported to the Bench Bar Section Council as to age, gender, race, locale, and category of complaint of reporter and as to approximate age, gender, race, locale of respondent, designating the type of case or proceeding involved. The Secretary of the Bench Bar Section Council will compile and forward the reports at least bi-monthly to the Board of Governors through the liaison of the Board to the Section Council. The Board of Governors will create and supply the report forms. No panel member will serve at the same time while serving as a member of the judicial evaluations committee of this or any other bar association or for three years thereafter. No person is eligible to serve unless he or she is in good standing as a lawyer with no charge pending against him or her. It is recognized that the guarantee of absolute confidentiality is not possible, but each panel member is required to maintain confidentiality to the fullest extent possible and be protected by applicable state law and Supreme Court Rules dealing with intermediary programs. Under no circumstances is a reporter’s identity to be disclosed to anyone including another intermediary or member of the Bench Bar Section Council or member of the Board of Governors of the Illinois State Bar Association.

This program to be known as the Intermediary Program will begin on a date specified by the Board of Governors and after general notice is given to the Bench and Bar through appropriate means. Changes in the panel will be posted by the Illinois State Bar Association promptly on a site accessible to all lawyers whether or not they are members of the Illinois State Bar Association.

Bench and Bar Liaison Panel – Proposal (Considered by Scope – May 4, 2017) Scope Minutes reflect: “The Scope Committee raised a number of questions and concerns that strongly suggest that there is a substantial amount of additional work needed on the proposal. Staff was requested to communicate with the section council and delineate the areas of concern.” Concerns: 1. A threshold issue is that the proposed program seems beyond the mission of the ISBA. (A) The ISBA charter says nothing about establishing mediator/intermediary programs. The Charter’s reference to improving the prompt administration of justice through “adherence to effective standards of judicial administration and administrative procedure” might conceivably be applicable, but is likely more intended to focus on legislative or rule issues. (B) The proposed program is applicable to all Illinois lawyers, not just ISBA members. As a state wide initiative available for use by non-ISBA judges and non-ISBA lawyers, it is not unreasonable to consider why the ISBA would be devoting its resources to a statewide program that serves nonmembers. As noted below, the intended breadth of the program suggests that it would be best established by another organization such as the AOIC, individual circuit courts, or the Professionalism Commission. (C) In that the proposed program ostensibly exempts issues that might be under the authority of the ARDC or JIB, what Associational benefit is received by the ISBA? (D) In that there appears to be little authority for the Association to operate this proposed program, what benefit is received by the imprimatur of the ISBA on such a program. 2. In direct contrast to the absence of any reasonable support for the proposed program under the ISBA’s mission, such a program is likely directly within the authority and mission of a number of other organizations. These include the: (a) Administrative Office of the Illinois Courts; (b) the Judicial Inquiry Board (whose purpose is to address judicial misconduct, which the JIB describes as including “impropriety and injudicious temperament”); (c) Professionalism Commission (whose primary purpose under S.Ct.Rule 799 is to “promote among the lawyers and judges of Illinois principles of integrity, professionalism and civility; etc…”); (d) Illinois Judges Association; and (e) individual circuit courts. Interestingly, the Illinois Rules of Professional Conduct expressly favor and encourage “intermediary programs approved by a circuit court in which nondisciplinary complaints against judges or lawyers can be referred…” (See IRPC 1.6(d) and 8.3(c)) Would an ISBA sponsored program interfere with the Supreme Court’s clear encouragement and authorization of such programs to be implemented and approved by individual circuit courts? An ISBA sponsored program could divert energies from the development of such programs by the AOIC, circuit courts, or other relevant organizations. 3. Along the lines of concern #2, given the clear primacy of other organizations in this area, would an ISBA operated program be viewed by the courts (or the judges who are the subject of complaints) be viewed as meddling and unwelcome? 4. What is the benefit of such a proposed program to ISBA membership? (A) The proposed program is intended to provide an avenue for lawyers to complain about judges for nondisciplinary matters – which Bench & Bar identifies primarily as incivility, timeliness, and communication grievances issues. However, avenues for complaints against judges already exists. These include the JIB and simply communicating with a chief judge. Establishing another avenue of complaint, an avenue without any authority, would potentially diminish the use of these other, and likely more appropriate and effective avenues. (B) The proposed program is intended to modify the behavior of a “problem” judge. However, as noted earlier, the proposed program has no authority to act on concerns or compel a judge to do anything. (C) The Bench & Bar memo provides no demonstrated need for the proposed program. 5. What are the burdens to the ISBA for sponsoring such a program? (A) There are costs and resource issues associated with this proposed program. The proposed program would essentially create a new bureaucracy that would likely call upon greater and greater ISBA

resources. The proposal would have the Board make various appointments and be updated bi-monthly on the activities of the mediators/liaisons. However, the time of the Board is already limited because of the nature of policy issues it must decide. Next, the proposal seeks very detailed recordkeeping (see below), which will likely be a task delegated to staff. Finally, the proposal seeks some level of promotion, which again will require significant staff time. (B) As noted above, the scope of the “problems” that might allow someone to participate in the program is narrow (incivility, timeliness, and communication grievances issues). “Big” issues are specifically to be addressed by the JIB or the ARDC. However, when something crosses that line is a grey area. As such, it exposes the mediators/liaisons to criticism (and maybe more) for failing to reveal problems. Important here is the fact that the mediators/liaisons discussions with participants are not confidential. (C) Similarly, because the scope of the problems are so narrow, many judges may simply view a call from the “ISBA sponsored complaint line” as unwelcome interference with their courts or administration. 6. A host of “legal” issues are presented by the proposed program as well. (A) The proposal notes that the mediators/liaisons potentially will be giving ethics advice. That is a serious issue, and currently all ISBA ethics programming seeks to ensure that the ISBA is not giving ethics advice. The ISBA, or its participating members, should not have to fear being brought into any disciplinary proceedings where a respondent is claiming “the ISBA told him/her the conduct at issue was ethical.” We also represent to our insurance carrier that we do not provide ethics advice. (B) None of the communications between program participants are confidential. Should such communications be requested (or subpoenaed), the ISBA would be hard pressed to refuse to produce any such information, or face the expensive prospect of contesting such a request. (C) With respect to confidentiality, the proposal’s intent to maintain detailed records is troublesome. None of these records would be confidential. More significantly, there appears to be no legitimate reason why the ISBA would want these records. This calls into question why such records would be kept, and for what purpose. Here too, this data gathering might be important for other organizations, such as the AOIC or the Professionalism Commission, but it would have little value to the ISBA (Here again, another reason why this program would be best implemented by another organization.). (D) While monetary liability is likely not a huge concern, the Association could be sued should the mediator/liaison act negligently.


October 19, 2017

Agenda Item #4

Board of Governor – At-Large (Under Represented) Seats

MEMORANDUM

To: Scope & Correlation Committee

From: Charles Northrup, General Counsel

Date: September 15, 2017

Re: At-Large (Underrepresented) Board Seats

______________________________________________________________________________

Pursuant to Association bylaw 5.5, the at-large (underrepresented) Board of Governor seat

program must be reviewed and reexamined this bar year. Without Assembly action to extend the

program, it will sunset after 2021.

I. Subcommittee

In February, 2017, the Scope Committee appointed a subcommittee to review the program and

make recommendations, if any, for its continuation and any other changes deemed appropriate.

The subcommittee met on several occasions, reviewed relevant data, and engaged in serious

discussions. The subcommittee was chaired by Al Durkin, and made up of Board members Bridget

Duignan, Anna Krolikowska, Daniel Saeedi, and David Sosin. In addition, two (then) non-Board

members were also appointed to the subcommittee: Cory White, and Kenya Jenkins-Wright.

II. Recommended Amendments

Proposed amendments to the ISBA bylaws that reflect the unanimous recommendations of the

subcommittee are attached.

III. Discussion Issues

1. Program Continuation. As had been previously reported to the Board, the subcommittee

is in full accord that the at-large program should continue past its 2021 sunset date.

2. Definition. Early in the subcommittee process, there had been some discussion about

revising the definition of “underrepresented.” The current bylaw defines underrepresented as “not

limited to age, race, gender, ethnicity, sexual orientation, disability, geography, areas and types of

practice, and years of practice.” The breadth of the current definition seems reasonably

understandable, encompassing of all lawyer types and voices that might benefit the Board, allows

an appropriate amount of selection discretion, and reflects the intent of the original proposal. In

addition, the Association does not keep member data on most of the categories noted above, so

this would present some challenge in crafting a more specific definition. The subcommittee took

no action to change this definition.

3. Selection Procedure. The subcommittee felt that a formal procedure empowering the

Diversity Leadership Council to participate in the selection process was warranted. While the First

Vice-President continues to have the sole appointment authority, with the advice and consent of

the Board, self-nominations for the at-large seats will be reviewed initially by the DLC, and

forwarded to the First Vice-President with recommendations.

4. Term. A significant issue before the subcommittee was whether the two year term of the

at-large seats should be extended to three years. After extensive debate, the subcommittee

recommends keeping the term at two-years.

IV. Action Item

As noted above, and in accordance with section 5.5 of the bylaws, without specific Assembly

action by December 2017, the at-large (underrepresented) Board seats will end after the 2020/21

presidential bar year. The Board needs to consider and act on the subcommittee’s

recommendations (or others as it deems warranted) at the October 20, 2017 meeting. The Board’s

recommendations will then be considered by the Assembly at the December 9, 2017 mid-year

meeting.

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Subcommittee FINAL ISBA Bylaw Amendments (Underrepresented BoG Appointments)

Sec. 5.5. Appointment. Two at-large Governor positions shall be filled by persons who will, in

the judgment of the hereinafter described First Vice-President, make the composition of the

Board of Governors more representative of the Illinois practicing bar, or who otherwise, in the

judgment of such First Vice-President, have the experience and knowledge of the needs of those

lawyers whose membership is or may be under-represented in Association governance.

Members seeking to fill an at-large Governor position must submit a self-nomination in

writing supported by a statement of interest and qualifications, including relevant Association

service, to the ISBA Executive Director. Upon submission, the Executive Director shall provide

all self-nominations to the ISBA’s Diversity Leadership Council. No later than the last Board

meeting immediately preceding the Annual Meeting, the Diversity Leadership Council shall

provide all self-nomination submissions to the First Vice-President and may recommend no more

than five candidates who it believes would best serve the Association’s interests. DLC

recommendations must include the rationale for the recommendation.

No later than the last Board meeting immediately preceding the assumption of the

Presidency by the First Vice-President, the First Vice-President shall appoint from the self-

nominations provided by the Diversity Leadership Council, and with the advice and consent of

the Board, one Association member to fill one of the at-large Governor positions. The

appointment may be based upon such under-represented status as, but not limited to, age, race,

gender, ethnicity, sexual orientation, disability, geography, areas and types of practice, and years

of practice. As provided in Section 7.1 of these Bylaws, the term of the at-large Governors shall

commence at the opening of the Annual Meeting of the year in which they are appointed and

continue until the opening of the Annual meeting of the year in which their term expires or until

their successors are appointed.

Association members appointed as at-large Governors under this section shall serve with

full rights and privileges as any other Governor. However, at-large Governors shall serve no

more than a single two-year term. At-large Governors may not at any time be reappointed as an

at-large Governor. Service as an at-large Governor shall not be counted toward the limitation on

years of consecutive service by a Governor as set out in Section 5.3 above.

To ensure participation of two at-large Governors on the Board at the beginning of the

2011-2012 fiscal year, as well as to ensure an appointment by each succeeding First Vice-

President, the President for the 2011-2012 fiscal year shall make two at-large appointments in

accordance with this Section except that one appointment shall only serve one year. Both

appointments shall become effective upon approval of these Bylaw amendments.

No later than the 2016-2017 fiscal year, the Board of Governors shall review and

reexamine the at-large Governor positions, report its findings, and, if applicable, make

recommendations to the Assembly. No at-large Governor positions will be appointed after the

First Vice-President’s appointment for the 2020-2021 year, unless such appointments are

authorized by the Assembly.


October 19, 2017

Agenda Item #5

Elections – Candidate Photos

G:\Executive Dept\BOG\SCOPE\AGENDAS\2017 - 2018\101917\5 Candidate Photos Memo.docx

MEMORANDUM


From: Charles J. Northrup, General Counsel


Re: Candidate Photographs in ISBA Elections

______________________________________________________________________________

An issue has been raised with respect to the electoral impact of including candidate photographs

with ISBA election ballots and information. The concern is that including photographs in election

materials has the potential to perpetuate bias in ISBA elections.

The “ISBA Policy and Procedures on Association Elections” addresses five areas in which

candidate photographs appear or potentially can appear.

1. Ballot Material. Photographs and biographical information of Third Vice-President and

Board of Governors candidates in contested elections are sent with the ballots (or more commonly,

linked to the electronic ballots) (Policy, 3.12). For illustration, proposed Policy amendments

eliminating the photographs provided with ballots are attached.

2. Free Illinois Bar Journal Advertising. Third Vice-President and Board of Governor

candidates are provided one free advertisement in a special section of the Illinois Bar Journal.

This free advertisement includes a photograph and biographical material (Policy, 5.1 and 6.1). For

illustration, proposed Policy amendments eliminating the photographs from the free IBJ

advertising are attached.

3. Illinois Bar Journal (or other ISBA media) News Stories. News stories identifying

candidates who announce their candidacy may be accompanied by photographs (Policy, 4.5). In

addition, photographs of bar leadership and members attending events, which may include those

running for office, are often posted on the ISBA website. During campaign season, staff has an

informal practice of avoiding the use of photographs that include candidates, or, if that is not

possible, ensuring, as best as practicable, that candidates receive equal photographic exposure.

Pending direction from Scope or the Board, no proposed amendments on this aspect of candidate

photographs has been drafted. While such restrictions can easily be drafted, as a practical matter

they may be difficult to enforce by staff and create significant room for error.

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4. Illinois Bar Journal (or other ISBA media) Paid Advertising. Candidates may pay to

advertise their candidacy in the Illinois Bar Journal and other ISBA media. Photographs are not

prohibited. Pending direction from Scope or the Board, no proposed amendments on this aspect

of candidate photographs has been drafted. A restriction on advertising may negatively affect IBJ

ad revenue. In addition, unlike the items mentioned above in 1, 2, and 3 which may be viewed as

carrying the imprimatur of the Association, it is likely that restricting individual candidates from

campaigning in traditional ways (i.e. using photographs), at their own expense, and as they believe

is warranted, will likely be controversial.

5. Non-ISBA Media. Candidates are free to campaign using non-ISBA media (most

commonly websites, social media, and email), albeit with some restrictions. There is no restriction

on the use of photographs. Pending direction from Scope or the Board, no proposed amendments

on this aspect of candidate photographs has been drafted. Even more so than the concerns raised

above in 4, attempting to restrict the use of photographs on non-ISBA media is as a practical matter

likely unenforceable. It also raises potential legal issues as well.

Scope should consider this issue and determine whether it wants to recommend Policy

amendments to Board, further examine the issue, take no action, or other such action as it deems

appropriate.

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Removal (091117).docxG:\LEGAL\2017-006 - Board of Governors October 2017 - CJN\Election Policy Amendments - Photograph Removal (091117).docx

PHOTOGRAPH REMOVAL (091117)

ISBA Policy and Procedures

on Association Elections Revised and approved by the Assembly, effective June 18, 2016

SECTION 1

Preamble

Para. 1.1. Purpose of Rules. It is the policy of the Illinois State Bar Association to encourage

its members to conduct themselves with the highest degree of personal and professional conduct.

The election process for ISBA office should be no exception to this policy. It is, therefore, the

goal of ISBA to conduct its elections with procedures and rules that are:

(a) Fair to all candidates.

(b) Clear and concise.

(c) Intended to encourage the discussion of important issues and disseminate information to

allow members to exercise informed judgment in voting for ISBA candidates.

(d) Intended to make efficient use of ISBA funds and staff time in the conduct of elections.

(e) Intended to impress upon each candidate the responsibility of ascertaining and following all

rules and meeting all deadlines, and to realize that it is the responsibility of each candidate to

submit all required filings and materials in a timely, complete and presentable fashion.

SECTION 2

Bar Elections Supervision Committee - Authority

Para. 2.1. Committee Structure. There shall be a Bar Elections Supervision Committee

consisting of five members of the Assembly who are not members of the Board of Governors, all

of whom shall be appointed by the President, with two from Cook County, two from outside

Cook County, and the chair to be chosen from that portion of the state from which the Third

Vice-President is not being chosen, all to be selected no later than September 1 of the year prior

to the election.

Para. 2.2. Committee Authority. In consultation with the Executive Director, the Bar

Elections Supervision Committee shall have general independent authority to supervise the

conduct of ISBA elections. Nothing herein is intended to limit this general independent

authority on matters relevant to this “Policy and Procedures on Association Elections.”

Formatted: Font: 12 pt



Para. 2.3. Committee Responsibility. The Bar Elections Supervision Committee shall:

(a) Review and approve or reject candidate photographs and biographical information that

are to be included with ISBA ballots as provided in Para. 3.12. of this “Policy and Procedures on

Association Elections”;

(b) Review and approve or reject candidate photographs, biographical information, and issue

statements to be published as provided in Para. 5.1 and 6.1. of this “Policy and Procedures on

Association Elections”;

(c) Review and approve or reject all campaign advertising and promotional materials in

support of a candidate or candidacy that are requested to be published in any available electronic

or print ISBA media;

(d) Review all written complaints and election challenges as provided in Section 8 of this

“Policy and Procedures on Association Elections.”

Para. 2.4. Review of Materials. When reviewing the materials referenced above in Para. 2.3

(a) through (c) the Bar Elections Supervision Committee shall at its sole discretion reject any

photograph, biographical information, issue statement, campaign advertising or promotional

materials in support of a candidate or candidacy that does not comply with this, or any other,

ISBA Bylaw, policy or procedure or is otherwise deemed by the Committee to be inconsistent

with the purposes and good image of the ISBA. The Committee shall not substitute its judgment

for that of a candidate when reviewing a candidate’s substantive issue statement. The Committee

shall timely notify a candidate or other person of the rejection or approval of any submitted

campaign advertising or promotional materials.

Para. 2.5. Advisory Opinions. The Bar Elections Supervision Committee may issue advisory

opinions on the interpretation of the ISBA Policy and Procedures on Association Elections upon

written request from any ISBA member. Any written request for an advisory opinion under this

paragraph shall be made to the Executive Director at the Illinois Bar Center in Springfield. A

record of any such issued advisory opinions shall be accessible to members on an appropriate

portion of the ISBA website.

Para. 2.6. Committee Determinations. All rulings, actions or judgments of the Bar Elections

Supervision Committee shall be considered final determinations and there shall be no appeal.

SECTION 3

Nominations, Ballots and Voting

Para. 3.1. Open Nominations. There shall be open nominations for all ISBA offices.

Para. 3.2. Candidate Eligibility and Nominating Petitions. All candidates for ISBA office

must be ISBA members eligible to vote at the close of business on March 1 preceding the

expiration of the nomination period. ISBA members eligible to vote may nominate a candidate to



run in any election for any office that is open to candidates. The nomination must be in writing

and substantially in the following form:

NOMINATING PETITION

We, members of the Illinois State Bar Association eligible to vote, nominate (name of

candidate) for (description of office, Board or Assembly membership) for the term beginning

at the 20__ Annual Meeting:

________________ __________________

(Signature) (Address)

_________________________

(Printed Name)

Additional spaces may be added.

Para. 3.3. Required Signatures for Nomination. Nominations for Third Vice-President shall

be by not less than 350 ISBA members eligible to vote. Nomination for the Board of Governors

shall be by not less than 50 ISBA members eligible to vote from the appropriate geographic area.

Nominations for Assembly shall be by not less than 10 ISBA members eligible to vote from the

appropriate geographic area.

Para. 3.4. Submission of Nominating Petition. Nominating petitions for all ISBA offices shall

be submitted to the Executive Director at the Illinois Bar Center in Springfield or at the ISBA

Chicago Regional Office, not earlier than January 2 and not later than January 31. If the January

31 date falls on a non-business day of the ISBA then nominating petitions received prior to the

close of the next business day shall be accepted. Only original nominating petitions will be

accepted for filing; facsimile or electronically transmitted petitions will not be deemed to meet

the filing requirements of this section.

Para. 3.5. Agreement to be Bound by Rules. By submitting a nominating petition to be placed

on the ballot for any ISBA office, a candidate agrees to be bound by this “Policy and Procedures

on Association Elections”.

Para. 3.6. Number of Candidates Nominated. If the number of candidates nominated for a

particular ISBA office does not exceed the number to be elected to that office, the candidate or

candidates are elected.

Para. 3.7. Withdrawal of Candidate. A candidate may withdraw from candidacy from the

ISBA office for which a nominating petition has been submitted by notifying the Executive

Director of such withdrawal in writing prior to the tally of the votes. In the event the withdrawal

follows the tally, it shall be treated as a declination. All votes cast for a withdrawn candidate

shall be null and void.

Para. 3.8. Vacancies. If no candidate is nominated for an ISBA office, or if there is no

candidate by reason of death, declination, successive absences under Bylaw Section 4.7, or other



cause, a vacancy exists. If a candidate in a contested election for a position to be filled dies or is

unable to serve after nominations are closed, and a plurality of the votes are cast for that

candidate, a vacancy exists.

(a) An ISBA member seeking to fill an Assembly vacancy (the “candidate”) shall submit in

writing to the Executive Director a nominating petition substantially in the form set out in

Paragraph 3.2 above signed by no less than 10 ISBA members eligible to vote from the

appropriate geographic area. Within seven days of receipt, the Executive Director shall cause

notice of the submittal to be sent via email to all eligible ISBA members in the appropriate

geographical area. The email Notice shall provide 14 days for other eligible ISBA members to

submit nominating petitions to fill the vacancy. If no other nominating petitions are submitted to

the Executive Director within the 14 day period, the candidate is declared elected and shall serve

for the remainder of the applicable term. If other nominating petitions are timely submitted, the

vacancy shall be filled by the Board from the candidates submitting nominating petitions.

Para. 3.9. Election Tellers. On or before March 1 of the calendar year of the election, the

President shall appoint three ISBA members as election tellers to conduct the election.

Para. 3.10. Ballot Printing. When an election for an ISBA office is contested, the Executive

Director shall cause paper ballots to be printed, and electronic ballots to be created, appropriate

to each district, area, or circuit. Each ballot shall be labeled “Official Ballot”, or some such other

identifiable title, and list under each office only the contesting candidates appropriate to the

district, area, circuit, or law school for which the ballot is prepared.

(a) Ballots shall be printed and/or electronically created substantially as follows: The names of

all candidates to be voted for in each election contest shall be printed on one ballot; the names of

candidates shall be printed in capital letters of not less than 9 point type and at the beginning of

each line in which the name of a candidate is printed, a square shall be printed, the sides of

which shall be not less than 3/16th of an inch in length; in the designation of the name of a

candidate on the ballot, the candidate’s given name or names, initial or initials, a nickname by

which the candidate is commonly known, or a combination thereof, may be used in addition to

the candidate’s surname; and no other designation such as a title or degree or professional status

or similar information may be used in connection with the candidate’s surname.

Para. 3.11. Ballot Mailing. Printed ballots and electronic ballot notification, instructions, and

links, shall be mailed no earlier than March 25 and no later than April 1 to each voting ISBA

member residing in a district, area, or circuit from which contesting candidates are to be elected,

and to the entire voting ISBA membership if contesting candidates are to be elected at large. A

printed ballot shall be directed to the ISBA member’s address appearing on the ISBA records in

accordance with Section 1.11 of the Association Bylaws. Each paper ballot shall be accompanied

by a return envelope appropriately addressed to ensure proper return to the Association or its

designated election services provider. Electronic ballot notification, instructions, and links shall

be directed to the ISBA member’s e-mail address appearing on the records of the Association.

(a) Consistent with the time frames identified above, the Association or its designated election

services provider shall cause to be mailed printed ballots to those members entitled to vote for

whom the Association does not have a valid, functioning email address. The printed ballots shall



be accompanied by instructions on how to vote by the printed ballot but also how to vote

electronically.

(b) On the same date as the printed ballots are mailed, the Association or its designated election

services provider shall cause to be emailed the necessary information and instruction on how to

vote in the election electronically to all members entitled to vote for whom the Association has a

valid functioning email address. This information and instruction shall include how the member

can obtain a printed ballot if the member would prefer not to vote electronically. Such requests

must be made no later than April 15 of the applicable election year to ensure proper processing

and mailing. The Association or its designated election services provider shall cause to be mailed

printed ballots to all members for whom the initial email is returned as undeliverable within

seven days of receiving the undeliverable notification.

(c) Should any member eligible to vote fail to receive a ballot or email regarding voting, or

receive an improper ballot, the member may obtain the proper ballot by furnishing to the

Executive Director proof of such member’s eligibility to receive the same, and upon returning

the improper ballot, if any. Such requests must be made no later than April 15 of the applicable

election year to ensure proper processing and mailing.

Para. 3.12. Biographical Material with Ballots. Photographs and bBiographical material of

Third Vice-Presidential and Board of Governors candidates in contested elections shall be

dispatched with the ballots. Biographical material, excluding photographs, of Assembly

candidates in contested elections shall be dispatched with the ballots. Third Vice-Presidential

and Board of Governor candidate biographies shall be limited to 300 words. Assembly

candidate biographies shall be limited to 100 words. In electronic voting, it shall be sufficient

for the ballot to provide an electronic link or similar access to candidate biographical material.

No photograph, depiction, or likeness of any candidate shall be included with, or linked to, a

ballot.

Para. 3.13. Submitting Biographical Material. The Executive Director shall establish a date

by which photographs and biographical material must be submitted by the candidates to ensure

inclusion with the ballots. All photographs and biographical material should be submitted to the

ISBA in an electronic format prescribed by the Executive Director. ISBA staff shall not be

charged with the responsibility of editing materials for content, grammar, or spelling. The staff

shall have the discretion to edit such material to conform to word count.

Para. 3.14. Ballot Completion for Voting. To vote by printed ballot, ISBA members shall

mark their printed ballot in accordance with the directions on the ballot, enclose it in the postage

prepaid envelope provided with the ballot marked “Election Ballot Envelope” or other similar

designation, seal the envelope, and mail or otherwise deliver it to the address on the envelope. If

more than one ballot for a particular race is enclosed in a single “Election Ballot Envelope”

envelope, none of the ballots for the same race shall be counted. A ballot not enclosed in an

appropriately designated envelope shall be counted provided that the other requirements of this

paragraph are met. Votes cast via printed ballot shall be verified and securely stored by the

Association or its designated election services provider.



(a) To vote electronically, ISBA members shall mark their electronic ballot in accordance with

the directions provided with the electronic ballot notification, instructions and links. Votes cast

via electronic voting shall be verified and securely stored by the vendor.

Para. 3.15. Validity of Ballot Votes. The Association or its designated election services

provider shall record and count the votes. The number of votes cast for individual candidates

shall remain secure and confidential until such time as the election results are transmitted to the

Executive Director at the conclusion of the voting period in accordance with Para. 3.15(c). Any

irregularities, questions, or concerns arising from the receipt of any ballot or vote identified by

the Association or its designated election services provider shall be promptly referred to the

election tellers for resolution consistent with Association bylaws, policies, and procedures.

(a) No paper ballot shall be counted unless it is received on or before April 30. No electronic

ballot shall be counted unless it is received before 4:30 p.m. (CST) on April 30. If April 30 falls

on a non-business day of the ISBA, the ballots received prior to the close of the last preceding

business day shall be counted. Only one vote shall be counted from any member who

inadvertently votes by both paper ballot and electronic means. The vote(s) appearing on the

ballot first received will be counted.

(b) No ballots other than the official printed and/or electronic ballots and no write-in votes will

be counted.

(c) No later than the third business day of May of the applicable election year, the Association

or its designated election services provider shall transmit the number of votes cast for each

candidate to the Executive Director. The Executive Director shall promptly provide this

information to the election tellers along with a statement of any ballot or voting irregularities,

concerns or issues affecting the validity of the votes cast.

(d) No later than the fifth business day of May of the applicable election year, the election tellers

shall file a report with the Executive Director setting forth the names of all candidates, the

number of votes received by each, and a statement that the election was conducted in compliance

with Association bylaws, policies, and procedures. A plurality of the votes cast for any office

elects the candidate(s) receiving them. When two or more candidates receive an equally high

number of votes, the winner shall be determined by lot under the supervision of the election

tellers. The Executive Director shall forthwith announce the results of the election. The election

tellers report shall also be presented at the ISBA’s Annual Meeting.

SECTION 4

General

The following apply to all ISBA elections:

Para. 4.1. Locations of Candidates. Election to ISBA office shall be by members at-large in

appropriate geographic areas.



Para. 4.2. Notice of Election. Notice of elections in appropriate form shall appear in ISBA

electronic or print media deemed appropriate by ISBA’s Bar Elections Supervision Committee.

Para. 4.3 Formal Announcement of Candidacy. Neither candidates, nor persons working on

behalf of or to the benefit of the candidates, shall circulate nominating petitions, present written

formal announcements of candidacy, engage in advertising, send out mailings or engage in

organization of a candidate’s campaign committee or list of supporters prior to October 1 of the

year preceding election. Candidates may attend ISBA, local, or specialized bar association

meetings and indicate their intention to become a candidate for ISBA office prior to October 1 of

the year preceding the year of election.

Para. 4.4. Advertising and Promotional Materials – Generally. No campaign advertising or

promotional materials in support of a candidate or candidacy shall be false, misleading or

deceptive. No such advertising or material shall contain the name or likeness of any individual

or organization without the written authorization from such individual or organization.

Para. 4.5. Use of ISBA Media. Except as provided in Paragraphs 5.1 and 6.1 of this “ISBA

Policy and Procedures on Association Elections, the Illinois Bar Journal and other ISBA

electronic or print media shall not be used by candidates or other persons as vehicles for

campaigning for ISBA office. Publication in the Illinois Bar Journal and other ISBA electronic

or print media of news stories identifying candidates who announce for ISBA office is not to be

considered campaigning by the candidates per se.

(a) Notwithstanding the prohibition on the use of the Illinois Bar Journal and other ISBA

electronic or print media stated above, candidates for ISBA office may advertise their candidacy

in an election section of the Illinois Bar Journal (if available) or other ISBA print or electronic

publication devoted to the applicable election and distributed to the membership eligible to vote

.

(b) All expenditures for campaign advertising in an election section of the Illinois Bar Journal

or other available ISBA print or electronic publication devoted to the applicable elction shall be

included in the aggregate spending limitations imposed by the Policy in paragraph 4.14.

Para 4.6. Use of non-ISBA Media. Candidates may use non-ISBA electronic or print media to

campaign for ISBA office including electronic mail, digital communications and/or other

electronic messaging if that non-ISBA electronic or print media can be immediately identified as

ISBA campaign materials. Candidates who choose to use non-ISBA electronic or print media to

campaign for ISBA office must label the communication “ISBA campaign materials.”

Para. 4.7. Advertising and Promotional Materials – Requirements. Candidates and persons

supporting or endorsing candidates shall not use ISBA, local, or specialized bar association titles

in any campaign advertising or promotional materials in support of a candidate or candidacy

developed by, or at the specific request of, a candidate. This prohibition also precludes the

identification of, or references to, the affiliation, firm name, office, or title (including Honorable,

Judge, or Past President and similar titles) of the persons appearing on such candidate’s

committee or list of supporters. Any campaign advertising or promotional material in support of



a candidate or candidacy that includes the names of persons appearing on a candidate’s

committee or list of supporters may only include the city of that person’s principal business

office. Persons supporting or endorsing candidates may use their regular firm or organization

electronic or print stationery in promotional materials. The prohibitions of this Paragraph do not

prohibit a candidate from identifying current or past ISBA, local, or specialized bar association

positions held by the candidate as part of biographical information included in campaign

advertising or promotional materials in support of a candidate or candidacy.

Para. 4.8. Prohibited Endorsements. Published endorsements by members of the Board of

Governors or ISBA officers shall not be made in elections for officers or Board of Governors.

This prohibition includes past presidents for the year served as Immediate Past President on the

Board of Governors.

Para. 4.9. Use of ISBA Mailing List. One list of ISBA members shall be provided

electronically in Excel, or other substantially similar, format upon request to candidates upon

reimbursement to ISBA for the cost of preparation. Only ISBA members’ names and mailing

addresses will be provided. ISBA member email addresses will not be provided to candidates.

Additional copies shall be available at the usual and customary charge.

Para. 4.10. Candidate’s Committees or Supporters. In all ISBA elections there shall be a

limit of no more than 100 person’s names on any candidate’s committee or list of supporters.

Candidates shall use the names of the same 100 persons on the candidate’s committee or list of

supporters for all campaign advertising or promotional materials in support of a candidate or

candidacy for all offices in a single election to which the candidate is seeking election. The

affiliation, firm name, office, or title (including Honorable, Judge or Past President and similar

titles) of the persons appearing on the candidate’s committee or list of supporters shall not be

listed or referenced in any campaign advertising or promotional materials in support of a

candidate or candidacy. Any campaign advertising or promotional materials in support of a

candidate or candidacy that includes the names of persons appearing on a candidate’s committee

or list of supporters may only include the city of that person’s principal business office. Names

of persons appearing on a candidate’s committee or list of supporters shall not be configured in

any manner to call attention to specific names, and shall only be configured alphabetically or

grouped by city of the principal business office of such persons. For purposes of these rules, a

candidate’s committee or list of supporters are deemed to be the same.

Para. 4.11. Notification to Candidate Committees or Supporters. Each candidate shall

notify the persons whose names appear on the candidate’s committee or list of supporters of the

“ISBA Policy and Procedures on Association Elections,” and advise those persons that they must

comply with that Policy.

Para. 4.12. ISBA Candidate Kit. The Executive Director shall timely cause to be made

available on the ISBA website a candidate’s kit that shall include this “Policy and Procedures on

Association Elections.” Additional material that may be helpful to candidates may also be made

available at the Executive Director’s discretion. Each candidate shall promptly acknowledge on

a form or other means provided, review of the “ISBA Policy and Procedures on Association

Elections”; that they have read and understand the Policy; and agree to be bound by it.



Para. 4.13. Acknowledgment of Receipt of Candidate Kit. Each candidate shall on or before

May 1 of the year of the election, acknowledge in writing, on a form prescribed by the Executive

Director, compliance with this “Policy and Procedures on Association Elections”, including but

not limited to the campaign spending limitations of Paragraph 4.14. The original form signed by

the candidate shall be delivered to the Executive Director at the Illinois Bar Center in

Springfield.

Para. 4.14. Campaign Expenditures. Campaign expenditures by each candidate for Third

Vice-President, Board of Governors and Assembly shall not exceed five thousand dollars

($5,000) per candidate regardless of whether a candidate seeks one or more than one office in a

single election. This total includes expenditures by a candidate’s law firm and others at the

specific request of the candidate. Travel costs and local and specialized bar association meeting

expenses are excluded from this monetary limitation.

Para. 4.15. Voter Eligibility. Persons who are currently listed as ISBA members and have paid

their dues in full, on or before the close of business on March 1 of the year of such election, shall

be eligible to vote.

Para. 4.16. Conflict in Policies. In case of a conflict, the specific policies with regard to the

Third Vice-President, Board of Governors or Assembly candidates shall govern over these

general policies of this Section 4.

Para. 4.17. Electronic Elections. Any election for ISBA office may be conducted via paper

ballot and/or via a secure electronic voting system.

SECTION 5

Third Vice-President Election

In addition to the other generally applicable requirements of this “Policy and Procedures on

Association Elections,” the following policies shall be applicable to elections for the office of

ISBA Third Vice-President.

Para. 5.1. ISBA Advertisement. One-third of a page, or its equivalent, in an election section of

the Illinois Bar Journal or other ISBA print or electronic publication devoted to the applicable

election and distributed to the entire membership eligible to vote shall be provided free to each

Third Vice-Presidential candidate which shall contain biographical information and a photograph

(of a size consistent with other candidate’s photographs for the same office) and may contain

issue oriented statements. The names of persons appearing on a candidate’s committee or list of

supporters shall not be included in this one-third page free campaign advertisement. In

accordance with Para. 2.4, the material to be included in the one-third page free campaign

advertisement shall be reviewed and approved by the Bar Election Supervision Committee in

advance of publication.

Para. 5.2. Ballot Order. Ballots for Third Vice-President shall list each candidate as follows:



(a) All candidates shall be listed in the order in which they file their nominating petitions.

(b) In the event nominating petitions are received by the ISBA at the Illinois Bar Center in

Springfield or at the ISBA Chicago Regional Office, from more than one candidate on any single

day, the order for such candidates shall be by lot.

SECTION 6

Board of Governors Elections

In addition to the other generally applicable requirements of this Policy, the following policies

shall apply to ISBA elections for the Board of Governors.

Para. 6.1. ISBA Advertisement. One-eighth of a page, or its equivalent, in an election section

of the Illinois Bar Journal or other ISBA print or electronic publication devoted to the applicable

election and distributed to the entire membership eligible to vote shall be provided free to each

candidate, which shall contain biographical information and may contain a photograph (of size

consistent with others) and issue-oriented statements. The names of persons appearing on a

candidate’s committee or list of supporters shall not be included in this one-eighth page free

campaign advertisement. In accordance with Para. 2.4, the material to be included in the one-

eighth page free campaign advertisement shall be reviewed and approved by the Bar Elections

Supervision Committee in advance of publication.

Para. 6.2. Ballot Order. Ballots for the Board of Governors election shall list each candidate

as follows:


(b) In the event nominating petitions are received at the Illinois Bar Center in Springfield or at

the ISBA Chicago Office, from more than one candidate on any single day, the order for such

candidates shall be by lot.

Section 7

Assembly Elections

In addition to the other generally applicable requirements of this Policy, the following policies

shall apply with regard to Assembly elections:

Para. 7.1. ISBA Advertisement. There shall be a single alphabetical listing of Assembly

candidates in an election section of the Illinois Bar Journal or other ISBA print or electronic

publication devoted to the applicable election and distributed to the entire membership eligible to

vote by area of election.



Para 7.2. Ballot Order. Ballot position shall be determined as follows:


(b) In the event nominating petitions are received at the Illinois Bar Center in Springfield or at

the ISBA Chicago Regional Office, from more than one candidate on any single day, the order

for such candidates shall be by lot.

Section 8

Complaints and Election Challenges – Procedure

Para. 8.1. Written Complaints – Generally. Any ISBA member may submit a written

complaint concerning compliance with, or a possible violation of, any provision of this “Policy

and Procedure on Association Elections” to the Executive Director at the Illinois Bar Center in

Springfield.

Para. 8.2. Written Complaints – Refusal of Nominating Petition. Any person who has filed

a nominating petition and has had it refused for lack of sufficient signatures of ISBA members

eligible to vote, or for any other reason, may submit a complaint concerning the refusal in

writing to the Executive Director at the Illinois Bar Center in Springfield no later than five days

after the close of the nominating period.

Para. 8.3. Referral of Complaints to Committee. When a written complaint is received by the

Executive Director, it shall be promptly referred to the Bar Elections Supervision Committee.

The Committee may request the party who is the subject of the complaint to provide the

Committee with a written response within 48 hours of such request. After the Committee has

reviewed the written complaint and response, if any, thereto, the Committee shall make findings

and rulings on the complaint. Those findings and rulings shall be recorded in the Committee

meeting minutes. Committee minutes shall be made available and accessible to ISBA members

on an appropriate portion of the ISBA website.

Para. 8.4. Rulings of Committee. Bar Elections Supervision Committee rulings in response to

a written complaint may provide for sanctions or relief giving due consideration to the nature of

any violation that is determined to have occurred. Committee rulings may include but are not

limited to: (1) directing staff to communicate the Committee’s findings and rulings to the

affected candidates; (2) the imposition of sanctions consisting of, but not limited to, (i)

disqualification, (ii) public or private reprimands, (iii) reimbursement of reasonable costs

incurred by the candidate(s) and ISBA in rectifying the violations and in connection with the

conduct of any investigation and hearing if an adverse ruling results therefrom; (3) extension of

the deadline for the dispatch of ballots by up to one week; (4) corrective action regarding a rule

violation; and (5) the granting to other candidates additional rights as may be appropriate.

Para. 8.5. Challenges of Election Results – Generally. The results of an election may be

challenged by any candidate whose name was on the ballot for that office or by any ISBA

member who voted in that election.



Para 8.6. Challenge of Election Results – Procedures. An election challenge shall be initiated

by submitting to the Executive Director, a verified petition signed by the person challenging the

election. The verified petition must be submitted within 15 days of the date the election tellers

have filed their report with the Executive Director (see Para. 3.15).

The Executive Director shall within 48 hours of receipt of the verified petition, mail by

nationally recognized overnight commercial carrier or transmit by electronic mail (provided the

recipient confirms receipt by a manually sent message), a copy of the verified petition to each

candidate whose name was on the ballot for that office. The Executive Director shall also

promptly provide a copy of the verified petition to each member of the Bar Elections Supervision

Committee.

Para. 8.7. Contents of Election Challenge Petition. The verified petition shall substantially

contain:

(a) The results of the election for the office which is the subject of the challenge, as contained in

the election tellers’ report to the Executive Director;

(b) A statement that the petitioner cast a ballot in the election contested or was a candidate

whose name was on the ballot for the office which is the subject of the election contest;

(c) A statement that the petitioner believes: (i) mistake or fraud has been committed in the

casting, counting, return or canvass of the votes for the office involved; or

(ii) there was some other irregularity in the conduct of the contested election, or both;

(d) A statement declaring with particularity the grounds relied upon by petitioner to challenge

the election;

(e) A statement declaring that, as a consequence of the mistake, fraud or irregularity alleged, the

result of the election as announced by the Executive Director was incorrect;

(f) A request that the Bar Elections Supervision Committee hear all the relevant evidence and

decide the challenge.

Para. 8.8. Submission of Evidence. The petitioner shall submit all relevant evidence in support

of the election challenge to the Executive Director not more than 10 days after the verified

petition has been submitted. The Executive Director shall promptly provide copies of the

petitioner’s submittal to the Bar Elections Supervision Committee. Based upon the evidence

submitted, the Committee shall either:

(a) Find that the verified petition fails to state a prima facie case to support an election challenge

and dismiss the petition; or



(b) Find that a prima facie case in support of the election challenge has been stated, in which

case the Committee may in its discretion take any or all of the following actions according to a

schedule to be adopted by the Committee: (i) conduct a recount of the ballots for the challenged

election in the presence of at least one of the election tellers responsible for the tally of ballots

for the challenged election; (ii) obtain and hear evidence from any other candidates in the

challenged election; or (iii) obtain and hear evidence from any or all of the election tellers

responsible for the tally of votes in the challenged election.

Para. 8.9. Committee Judgment. After reviewing the verified petition and taking any action

identified above in Paragraph 8.8 that the Bar Elections Supervision Committee deems

warranted, the Committee shall declare as elected the person who, in its judgment, shall appear

to be duly elected.

(a) If it appears to the Bar Elections Supervision Committee that two or more candidates have,

or would have had if the legal ballots cast or intended to be cast for them had been counted, the

highest and an equal number of votes for the same office, the candidates receiving such votes

shall decide by lot, in such manner as the Committee shall direct, which of them shall be

declared duly elected.

(b) When the candidate whose election is contested is found to have received the highest number

of votes but the election is declared null by reason of disqualification on that candidate’s part, or

for other causes, the candidate receiving the next highest number of votes shall be declared duly

elected.


October 19, 2017

Agenda Item #6

Officer Repeat Service

MEMORANDUM


From: Charles J. Northrup, General Counsel


Re: Presidential Term Limitation

______________________________________________________________________________

Currently, ISBA bylaws prohibit the President from serving two consecutive presidential terms.

The bylaws do not prohibit a past or current president from running for, and being reelected to, a

subsequent (non-consecutive) term of office (including president, Board of Governor, or

Assembly). President Hartigan has raised the issue as to whether there should be a specific

prohibition on subsequent presidential service.

The attached proposed bylaw amendment would prohibit a current or past president from being

reelected to any presidential office after he or she completes his or her service as President. It does

not prohibit subsequent Board or Assembly service.

Scope should consider this issue and determine whether it wants to recommend Policy

amendments to Board, further examine the issue, take no action, or other such action as it deems

appropriate.

G:\Executive Dept\BOG\SCOPE\AGENDAS\2017 - 2018\101917\6 Officer Repeat Service Bylaw Revisions.docxG:\LEGAL\2017-006 - Board of Governors October 2017 - CJN\Bylaw Amendments - Presidential Term Limitation DRAFT (091517).docx

Amendments – Presidential Term Limitation (091517)

SECTION 3

Officers and Their Duties

Sec. 3.1. President. The President is the principal executive officer of the Association. Subject

to the direction of the Assembly, the President shall supervise and direct the activities of the

Association and, unless he or she temporarily delegates that authority to another member of the

Board, presides at all meetings of the Association, the Assembly and the Board of Governors.

Sec. 3.2. Absence or Disability of President. In the absence or disability of the President, his or

her duties shall be discharged by such of the First Vice-President, and Second Vice-President or

the Third Vice-President, in that order, as shall be able to serve.

Sec. 3.3. Vice-Presidents. The Third Vice-President shall be elected at-large annually by the

voting members. The First Vice-President, who shall also hold the title of President-Elect, shall

at the conclusion of his or her term automatically succeed to the office of President. The Second

Vice-President shall at the conclusion of his or her term automatically succeed to the office of

First Vice-President, and the Third Vice-President shall at the conclusion of his or her term

automatically succeed to the office of Second Vice-President except when they have been

elected to fill a term by the Board.

Sec. 3.4. Treasurer. The Treasurer is ex officio, a member of the committee charged with the

preparation of the annual budget and has general supervision of the financial operations of the

Association. A Treasurer shall be elected by the Board of Governors from among the 22

governors (excluding officers) described in Section 5.2.

It is the policy of the Association that the office of Treasurer be rotated in alternate years

between those residing in the 1st Judicial District and those residing in the 2nd, 3rd, 4th, or 5th

Judicial Districts. The Treasurer shall be elected from the same division of the state as the

President.

Sec. 3.5. Secretary. The Secretary shall supervise the preparation of the minutes of the meetings

of the Board of Governors, the Assembly, and the Association and shall supervise the keeping of

all records and archives of the Association. A Secretary shall be elected by the Board of

Governors from among the 22 governors (excluding officers) described in Section 5.2.

It is the policy of the Association that the office of Secretary be rotated in alternate years

between those residing in the 1st Judicial District and those residing in the 2nd, 3rd, 4th, or 5th

Judicial Districts. The Secretary shall be elected from the same division of the state as the First

Vice-President.

Sec. 3.6. Term. A current or past The President is ineligible for reelection to any presidential

office for the term succeeding his or her term of office. The Secretary and Treasurer shall be

elected for one-year terms.

G:\Executive Dept\BOG\SCOPE\AGENDAS\2017 - 2018\101917\6 Officer Repeat Service Bylaw Revisions.docxG:\LEGAL\2017-006 - Board of Governors October 2017 - CJN\Bylaw Amendments - Presidential Term Limitation DRAFT (091517).docx

Sec. 3.7. Association Policy. No statement or action of any officer, delegate or member or

groups thereof shall establish a policy of the Association unless it has first been approved by the

Assembly or Board of Governors.

Sec. 3.8. Approval of Section and Committee Statements. No section, section council, or

committee or member thereof, shall assume to represent the Illinois State Bar Association before

any legislative body, in any court, or before any other tribunal unless authorized to do so by the

Board of Governors or the Assembly.

No report or recommendation or any action of any section or council thereof, or of any

committee of the Illinois State Bar Association, shall be considered as the action of the Illinois

State Bar Association unless and until it has been approved by the Board of Governors or the

Assembly in accordance with the Bylaws of the Association.

Reports, recommendations, or other actions of any section, section council or committee of the

Illinois State Bar Association may be released, announced, or published as the action of such

section, section council, or committee, only when it is determined by the President of the Illinois

State Bar Association that the report, recommendation, or action:

(1) Is germane to the business of the section, section council, or committee;

(2) Has been approved by a majority of the full membership of the section, section council, or

committee after notice to the members thereof;

(3) Reveals that notice was given and the vote on the matter;

(4) Is not contrary to any prior action of or overruled by the Assembly or the Board of

Governors, and

(5) Indicates, in a form approved by the President, that it is the action of the section, section

council, or committee only, and does not represent the view or action of the Illinois State Bar

Association unless and until the Board of Governors shall have taken an approving action with

respect thereto in accordance with the Bylaws of the Association.

Sec. 3.9. Executive Director. The Board of Governors shall employ an executive director, who

shall receive such compensation as the Board may fix, to perform such duties for the Association

as are customarily performed by a person holding such position, and further, to perform such

other specific duties as the Board of Governors may from time to time specify. The executive

director shall be the chief operating officer and manage and direct the administrative and staff

activities of the Association, all in accordance with a structure, budget and policy established by

the Board, and shall serve during the pleasure of the Board.


October 19, 2017

Agenda Item #7Cyber Law Committee

Shay Phillips, Ltd. A T T O R N E Y S A T L A W

W I L L I A M M . S H A Y

J O N A T H A N L A P H I L L I P S

J O H N D . A L B E R S

M E L I S S A S C H O E N B E I N

E S T E L L A V A L L E J O

2 3 0 S W A D A M S S U I T E 3 1 0 P E O R I A , I L L I N O I S 6 1 6 0 2 ( 3 0 9 ) 4 9 4 - 6 1 5 5

s h a y - l a w . c o m

July 7, 2017 David B. Sosin, Esq. Chair, Standing Committee on Scope & Correllation Illinois State Bar Association c/o Ms. Melissa Burkholder 20 South Clark Street Suite 900 Chicago, Illinois 60603 By email

Re: Privacy and Information Security Section Dear Mr. Sosin I am the current chair of the Intellectual Property Section Council. I understand that your section exists to study the various sections and advise the Board of Governors regarding correlation amongst the sections and the work of the Association. As you know, in July 2017 the Association created the Privacy and Information Security Section. My section members first learned about this new section from a mass email this fall. I hope this letter will be accepted in the spirit it is meant, not to rehash the past, but to help facilitate coordination in the future. The announcement came as a surprise to members of the Intellectual Property Section Council. The surprise was primarily because the Intellectual Property Section has been covering information security and privacy developments for some time. Obviously, different individuals within our Section Council had varying degrees of reaction to the announcement. However, one concern was prevalent, “Why did no one think to talk with us first?” I gather that our members are concerned about overlap/competition in programming and purpose, generally. Fortunately, Ms. Burkholder was available to explain the process for creation of new sections or committees. As usual, her input was very informative. From my understanding, I believe the requisite steps do not include an analysis concerning whether a new committee’s or section council’s subject matter is already covered by another group. With this in mind, I write on behalf of the Intellectual Property Section Council to make a few requests. First, we would ask that the Standing Committee on Scope and Correlation consider advising the Board of Governors, or other relevant body, that an analysis concerning overlap between a proposed body and an existing body could be appropriate in the future. Second, insofar as part of your Committee’s goal is to better correlate the work of the Association, that it encourage correlation between the Privacy and Information Security Section and the Intellectual Property Section. And, finally, in interest of accomplishing that goal, that those filling the section council roster for the new section be encouraged to include member(s) of the Intellectual Property Section Council that typically handled InfoSec and Privacy matters.

Sosin, D. 10/6/2017 Page 2 of 2

Perhaps, it might even be appropriate to consider a liaison between the sections, given the potential for two sections creating similar or competing programing. I understand budgetary constraints might render an official liaison position infeasible, but it might be worth considering. I welcome a response, as well as any thoughts, questions, or concerns you or your Committee’s members might have. I would certainly be willing to meet or discuss these or any other matters in the future. Sincerely, Jonathan LA Phillips [email protected]

mailto:[email protected]


October 20, 2017


Elections (2018 Election Notice)

ILLINOIS STATE BAR ASSOCIATION

2018 ELECTION

Notice of ISBA Election

Office of Third Vice-President

6 – Seats on the Board of Governors

22 – Seats on the Assembly (Cook County)

There follows a listing of the offices in the Illinois State Bar Association to be filled by the 2018

annual election. Those elected to the Board of Governors and Assembly take office at the

opening of the Annual Meeting on June 14, 2018 and the third vice-president takes office at the

close of the Annual Meeting on June 16, 2018.

Third Vice-President - 1 to be elected

no incumbent1

Board of Governors, 3 year term

Cook – 1 to be elected

Incumbent:

Jessica A. O’Brien – Chicago2

Area 1 (Circuit 18) – 1 to be elected

Incumbent:

Kent A. Gaertner

Area 3 (Circuits 12, 13 16, 21 and 23) – 1 to be elected

Incumbent:

Rory T. Weiler

Area 4 (Circuits 10, 14 and 15) – 1 to be elected

Incumbent:

Sonni C. Williams2

Area 6 (Circuits 7, 8 and 9) – 1 to be elected

Incumbent:

Charles Y. Davis2

Area 8 (Circuits 3 and 20) – 1 to be elected

Incumbent:

Perry Browder

1 Under the bylaws the third vice-president automatically succeeds to the office of second vice-president;

therefore, there is no incumbent for this office. 2 Ineligible to succeed due to term limitations.

Assembly, 3 year Term

Cook County –22 to be elected

Incumbents:

Sandra M. Blake, Oak Park3

Dawn E. Bode, Glenview

Kellyn Doyle Coakley, Chicago

Bradley M. Cosgrove, Chicago

Brion Doherty, Chicago

Gregg A. Garofalo, Chicago

Mauro Glorioso, Westchester

Jennifer A. Haase, Chicago3

Kenya A. Jenkins-Wright, Chicago

Sarah King, Chicago

Justin L. Leinenweber, Chicago3

Ellis B. Levin, Chicago

Lori G. Levin, Chicago3

Lisa A. Marino, Chicago

Timothy Moran, Chicago

Eileen M. O’Connor, Chicago

Margaret A. O’Sullivan, Chicago3

Angela Peters, Arlington Heights

Arlette G. Porter, Chicago

Evan Schanerberger

Martin D. Snyder, Chicago

Rebekah L. Williams, Chicago

Nomination

Members who wish to be candidates for office must reside in the proper geographic jurisdiction,

must meet other requirements for a particular office, and must be in good standing with the ISBA

at the close of the nominating period.

Voting Address: Bylaws Sec. 1.11 reads: For purposes of voting and candidacy for ISBA

elected office, a member’s voting address shall be their primary legal office as designated by the

member. If a member’s primary legal office is not within the State of Illinois, such member may

designate their Illinois residence as their voting address; if no Illinois voting address is

designated, the member shall be considered a nonresident member.

Nominating petitions must be in writing and in the substantial form set forth in Para. 3.2. of the

ISBA Policy and Procedures on Association Elections. Nominating petitions are available on the

ISBA website under “About>Leadership” or directly at www.isba.org/elections.

Nominating petitions may be filed no earlier than Tuesday, January 2, 2018 and must be filed by

4:30 p.m. on Wednesday, January 31, 2018 at either the Illinois Bar Center, 424 South Second

Street, Springfield or the ISBA Chicago Office at 20 S. Clark Street, 9th Floor, Chicago. Petitions

must be physically submitted with original signatures. Petitions submitted via email or fax will

not be accepted. (Para. 3.4., ISBA Policy and Procedures on Association Elections.)

The ISBA Bylaws and Policy and Procedures on Association Elections, additional pertinent

information and petition forms for each category of candidacy may be found on the ISBA website

under “About>Leadership” or directly at www.isba.org/elections.

3 Ineligible to succeed due to term limitations.

http://www.isba.org/elections

http://www.isba.org/elections

Voting

All members of the Association in good standing (except non-lawyer members) are eligible to vote

for the office of third vice-president.

Eligible members residing in the areas in which there are contested elections may vote in the

appropriate Board of Governors and Assembly race.

The 2018 Election will be conducted by electronic voting. Paper ballots will be utilized in some

instances. Full details on the voting process will be provided to the full active membership well

in advance of the formal election.

September 2017 Robert E. Craghead

Executive Director

By policy, a member’s dues must be paid by March 1, 2018 for the period ending June 30, 2018, in order to be eligible to vote in ISBA Elections.


October 20, 2017

Action Agenda Item #53State and Local Taxation


October 20, 2017


Standing Committee on Legislation

MEMORANDUM To: ISBA Board of Governors From: Jim Covington Date: September 29, 2017 Re: ISBA proposals for spring of 2018 This memo will summarize the legislative proposals for legislation that have been suggested by an ISBA section or committee. I anticipate a compressed session next spring to sandwich around the late March primary. We will re-introduce a few proposals from last year already approved that didn’t get passed last spring. Last year we passed six major bills that are summarized at the back of this memo as an informational item. The Legislation Committee voted to recommend all four of these proposals to you. (1) 100-10. Advance directives’ website. ISBA Legislative Proposal 100-10 is a proposal from Health Care Section Council that requires the Department of Public Health to establish an Advance Directive Registry. Illinois residents may submit to this registry copies of their living wills, short-form power of attorney for health care, and other advance directives. An Advance Directive (AD) is a direction to medical personnel regarding the provision of extraordinary medical care to a patient, if the patient should at some point become incapable of providing suitable directions regarding their desired care. Illinois law already requires the Illinois Department of Public Health (IDPH) to develop AD forms and publish these forms on its web site, along with summaries of the laws relating to ADs.1 The proposed amendment would require IDPH to establish a system in which Illinois residents can register their ADs with IDPH, and IDPH will then make 1 20 ILCS § 2310-600

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=002023100HArt%2E+2310&ActID=331&ChapterID=5&SeqStart=100000&SeqEnd=-1

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these ADs available to licensed hospitals, upon the request of the hospitals. The hospitals can then rely on the information they receive from IDPH when their staff cares for their patients. The proposed amendment to the Advance Directive Information Law ameliorates the following problems encountered in the use of ADs: Patients often prepare ADs when they are admitted to a hospital with a potentially life-threatening medical condition. When patients are so admitted, they may be in a mentally agitated state. They may then be unable to maintain the calm reflection appropriate to make an important action as the preparation of an AD. Also, if patients are required to consider their potential incapacity at the time of a hospital admission, they may become further agitated. The best time to prepare an AD is when a person is in reasonably good health and able to consult with friends, family, or other advisors. Another current problem is that a patient may previously have signed an AD, but the documentation may not be available at the time of hospital admission, particularly in case of a medical emergency. Thus, notwithstanding the previous signing of an AD, the patient may be required to sign the documents all over again at the time of hospital admission, thus raising the concerns articulated in the preceding paragraph. And a patient may be mentally or physically unable to prepare or sign an AD if admitted to a hospital with a serious condition. Under this proposal, Illinois residents will be able to prepare and sign an AD in an unpressured setting and then have the AD available at any time to any licensed Illinois hospital. Proposed Amendment to Advance Directive Information Law

20 ILCS § 2310-600 is amended by adding the following subsections at the end of the present statute: (e) The Department of Public Health shall establish a registry, to be known as the Advance Directives Registry, under which residents of the State of Illinois may submit the following documents or copies thereof to the Department of Public Health:

(1) Statutory Living Will Declaration form; (2) Illinois Statutory Short Form Power of Attorney for Health Care; (3) Statutory Declaration of Mental Health Treatment Form;

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(4) Department of Public Health Uniform Practitioner Orders for Life Sustaining Treatment (POLST) form;

(5) Such other advance directive forms as the Department of Public Health may deem appropriate.

(f) Information in the Advance Directives Registry shall be made available to hospitals licensed under the Illinois Hospital Licensing Act. Hospitals may rely on information obtained from the Advance Directives Registry as an accurate copy of the documents filed with the Advance Directives Registry. Nothing herein shall limit the right to amend or revoke an Advance Directive previously filed with the Advance Directives Registry. (g) The Department of Public Health shall promulgate such rules and regulations as are necessary to implement this legislation and shall provide information regarding use of the Advance Directives Registry on its web site. (h) In the absence of gross negligence or willful misconduct, the Department of Public Health and its employees are immune from any civil or criminal liability in connection with the creation and maintenance of the Advance Directives Registry. (i) Any person who knowingly submits a document to the Advance Directives Registry without authorization or assists in such submission shall be guilty of a Class A misdemeanor. This was also sent to Mental Health, Trusts and Estates, and Elder Law.

• Elder Law took no position. • Mental Health supports but concerns were expressed about the security-

privacy of these documents and about how they would be revoked or amended once filed. But they were content to have these questions addressed in the rule-making required under subsection (g).

• Trusts and Estates support the revised version that addressed their

initial concerns, which were as follows:

• Failure to register will not invalidate the AD. • A later valid but unregistered AD will preempt and earlier

registered AD.

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• Registration of the document does not ensure its validity.

• General Practice voted to oppose for basically two reasons.

• In practice, individuals change their power of attorney for health care, whether it be by revoking the agency of his or her spouse and changing the agent where a dissolution of marriage case is filed, or under a variety of emergency circumstances, or otherwise. While the Illinois Power of Attorney for Health Care Law authorizes revocation and amendment of health care agencies at any time, including revoking the agency by an oral revocation in the presence of a witness, the proposed bill would allow the hospital to rely on the information obtained from the Advance Directives Registry as valid, and does not allow for quick changes, such as where there is subsequent health care power of attorney that has not been recorded.

• The lack of authentication in the proposed bill for the documents

or copies of the Ads submitted to the Department of Public Health, and the possibility of forgeries.

After 100-10 was sent out for review by interested sections, it was amended by Health Care to address these concerns. Specifically, it was amended as follows:

(1) Sub-paragraph (f) was revised to focus a bit more on “reliance” than “validity” and to affirm the right to amend or revoke advance directives.

(2) Sub-paragraph (h) was revised to make the language consistent with

625 ILCS 5/6-117 (g) (6) that contains parallel language for the Secretary of State’s First Person Consent organ and tissue donor registry.

(3) A new sub-paragraph (i) was added to make a knowing submission of

an advance directive without authorization a misdemeanor offense. (2) 100-11. Uniform Power of Appointment Act (UPAA). ISBA Legislative Proposal 100-11 is a legislative proposal that seeks to adopt a modified version of the Uniform Powers of Appointment Act (UPAA) based on work done by a

http://www.ilga.gov/legislation/ilcs/documents/062500050K6-117.htm

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Chicago Bar Association subcommittee working on the proposed Illinois Trust Code. Powers of appointment are included in many trusts and add flexibility to trust arrangements. Two Illinois statutes currently govern the exercise of powers of appointments, Section 5/4-2 of the Probate Act and the Power of Appointment Exercise Act, 765 ILCS 320/1. The UPAA provides better organization and coverage than the existing statutes. The modifications made by the CBA subcommittee modify the UPAA to be consistent with existing Illinois law. These instruments are considered by our trust and estate practitioners to be the most efficient dispositive device for effective estate planning, especially multi-generation estate planning. But in the absence of a comprehensive codification, these lawyers live within a patchwork of common law interpretations that cause some important uncertainties that they do their best to address with careful drafting but which the UPAA would go a long way to resolve. A major rewrite of the Illinois Trust Code, House Bill 2526, was introduced this spring and included this modified version of the UPAA. It didn’t pass, but the CBA is trying to restart it this summer with legislative leaders. The actual text is part of Article 13, pages 182-201. Definitions that govern the UPAA are at § 103 and may be found at pages 2- 10. You may look at the definitions and text here. The Trusts and Estates Section Council vigorously support House Bill 2526 and only suggest passing the UPAA alone if House Bill 2526 continues to be stalled. You may go the Uniform Law Commission’s website for more background on the UPAA here. This was sent to the following section councils or committees.

• Elder Law—support. • Trusts and Estates—unanimously support. • General Practice—no position. • Commercial, Banking & Bankruptcy—no position.

(3) 100-13. Home Repair and Remodeling Act. ISBA Legislative Proposal 100-13 is a proposal from Adam Whiteman and Jim Dash, chairs of Real Estate and Construction Law. It would add language to the consumer rights brochure

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075500050HArt%2E+IV&ActID=2104&ChapterID=60&SeqStart=5300000&SeqEnd=6750000

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2178&ChapterID=62

http://www.ilga.gov/legislation/100/HB/PDF/10000HB2526lv.pdf

http://www.uniformlaws.org/Act.aspx?title=Powers%20of%20Appointment

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required by the Home Repair and Remodeling Act to better describe how consumers can avoid mechanic’s liens on their property through the use of sworn statements required under Section 60/5 of the Illinois Mechanic’s Lien Act. Current statutory provision:

(10) Remember, homeowners should know who provides supplies and labor for

any work performed on your home. Suppliers and subcontractors have a right to file a lien against your property if the general contractor fails to pay them. To protect your property, request lien waivers from the general contractor.

Suggested amended provision: (10) Remember, those who supply materials, work or other improvements to

your property may have a right to file a lien against your property even though you did not contract directly with them. To help you identify these potential lienholders, the Illinois Mechanics Lien Act requires that the contractor shall provide you with a sworn statement of persons it hires to furnish labor, services, material, fixtures, apparatus or machinery, forms or form work before any payments are required to be made to the contractor. You should request a sworn statement and lien waivers from the general contractor before making payments.

The proponents’ experience is that a number of attorneys, and virtually all

homeowners, have no idea about how Section 5 of the Mechanic’s Lien operates to protect against the imposition of liens by subcontractors with residential repair and remodeling projects.

The Home Repair and Remodeling Act attempts to warn consumers about this

issue in section 20(10), but this warning falls far short of providing accurate and substantive information.

This suggested amendment has the effect of (1) clarifying for the homeowner

who can file a lien against their property, and (2) summarizing how obtaining a sworn statement and lien waivers before making payments can prevent these liens. Because the suggested amended tracks the existing statutory warning language already found in Section 5(b) of the Illinois Mechanic’s Lien Act, it is not substantively changing the law but simply informing the consumer about the law. And that is what the Home Repair and Remodeling Act is all about.

This was sent to the following section councils or committees.



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• Real Estate—supports but suggests an amendment because the HRRA does not define “consumer” though it appears that the intent was to cover owner-occupied homes (1-4 units). They noticed this when one of their members came across this when the City of Chicago cited a contractor client for violating the HRRA (violations of which are imbedded in the Consumer Fraud Act). An investor who was rehabbing a home made the complaint. (The Legislation Committee accepted this amendment.)

This amendment would read as follows:

“Residence” means a single-family home or dwelling or a multiple-family home or dwelling containing 6 or fewer apartments, condominiums, town houses, or dwelling units, used or intended to be used by the consumer as his or her dwelling place. occupants as dwelling places. This Act does not apply to original construction of single-family or multi-family residences or repairs to dwellings containing more than 6 apartments or family units.

• Construction Law—supports.

The Legislation Committee thought that the language was although accurate a little dense and asked Meg Benson to work with Adam Whiteman to make it simpler and more user-friendly.

(4) 100-14. Amends the Vehicle Code. ISBA Legislative Proposal 100-14 is a legislative proposal that amends the Illinois Vehicle Code suggested by Mark Hassakis. It provides that if a person has a license permit that is revoked or suspended under certain provisions of the Code, the Secretary of State may issue that person a restricted driving permit so that they may exercise court-ordered visitation rights or court-ordered parenting time. It would amend two sections, 5/6-205 and 5/6-206. The relevant part of § 6-205 would be amended to state: (c)(1) Whenever a person is convicted of any of the offenses enumerated in this Section, the court may recommend and the Secretary of State in his discretion, without regard to whether the recommendation is made by the court may, upon application, issue to the person a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner's residence and petitioner's place of employment or within the scope of the petitioner’s employment related

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+6+Art%2E+II&ActID=1815&ChapterID=49&SeqStart=83300000&SeqEnd=85300000

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duties, or to allow the petitioner to transport himself or herself or a family member of the petitioner's household to a medical facility for the receipt of necessary medical care or to allow the petitioner to transport himself or herself to and from alcohol or drug remedial or rehabilitative activity recommended by a licensed service provider, or to allow the petitioner to transport himself or herself or a family member of the petitioner’s household to classes, as a student, at an accredited educational institution, or to allow the petitioner to transport children, elderly persons, or persons with disabilities who do not hold driving privileges and are living in the petitioner’s household to and from daycare, or to allow the petitioner to exercise his or her court-ordered visitation rights or court-ordered parenting time, as defined under Section 600 of the Illinois Marriage and Dissolution of Marriage Act; if the petitioner is able to demonstrate that no alternative means of transportation is reasonably available and that the petitioner will not endanger the public safety or welfare; provided that the Secretary’s discretion shall be limited to cases where undue hardship, as defined by the rules of the Secretary of State, would result from a failure to issue the restricted driving permit. The relevant part of § 6-205 would be amended to state: 3. At the conclusion of a hearing under Section 2-118 of this Code, the Secretary of State shall either rescind or continue an order of revocation or shall substitute an order of suspension; or, good cause appearing therefor, rescind, continue, change, or extend the order of suspension. If the Secretary of State does not rescind the order, the Secretary may upon application, to relieve undue hardship (as defined by the rules of the Secretary of State), issue a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner's residence and petitioner’s place of employment or within the scope of the petitioner’s employment related duties, or to allow the petitioner to transport himself or herself, or a family member of the petitioner’s household to a medical facility, to receive necessary medical care, to allow the petitioner to transport himself or herself to and from alcohol or drug remedial or rehabilitative activity recommended by a licensed service provider, or to allow the petitioner to transport himself or herself or a family member of the petitioner's household to classes, as a student, at an accredited educational institution, or to allow the petitioner to transport children, elderly persons, or persons with disabilities who do not hold driving privileges and are living in the petitioner's household to and from daycare, or to allow the petitioner to exercise his or her court-ordered visitation rights or court-ordered parenting time, as defined under Section 600 of the Illinois Marriage and Dissolution of Marriage Act. The petitioner must demonstrate that no alternative means of transportation is reasonably available and that the petitioner will not endanger the public safety or welfare.

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This was sent to the following section councils or committees.

• Criminal Law to meet on Oct. 21. • Traffic to meet on Oct. 5. • General Practice—support with amendment that parenting time and

visitation time be defined as “awarded by the court.” (Note: doesn’t the language specifically say “court-ordered”?)

• Family Law—support but recommends including parenting time under the Parentage Act of 2015. (The Legislation Committee accepted this recommendation.)

• Women and the Law to meet in October. Last year’s initiatives (1) Child support. Public Act 100-15 (Hastings, D-Frankfort; Burke, D-Oak Lawn) combines and reconciles the recent changes in the child support statutes. The only change that could be considered substantive is to allow the parents to include the federal tax credit for childcare in the computation when allocating childcare costs between them. Effective July 1, 2017. (2) Collaborative Process Act. Public Act 100-205 (Hastings, D-Frankfort; Williams, D-Chicago) codifies another form of alternative dispute resolution for family law cases only. Clients must first agree that their counsel would represent them solely for purposes of resolving a family law issue. If the matter is not settled during the collaborative process, it requires that new lawyers be retained for purposes of litigation. ISBA has filed a proposed supreme court rule to address the withdrawal of representation aspect of this bill. Effective January 1, 2018. (3) Maintenance guidelines revision. House Bill 2537 (Nekritz, D-Buffalo Grove; Hastings, D-Frankfort) makes three changes to the maintenance guidelines' statute in the IMDMA. (1) It integrates the maintenance guidelines statute with the new income-shares (child support) that takes effect July 1, 2017. It does this by raising the ceiling in the maintenance statute to make it parallel with the ceiling for the income shares statute. The maintenance statute would then apply to cases if the parties’

http://www.ilga.gov/legislation/publicacts/100/PDF/100-0015.pdf


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combined gross income reaches $500,000 as opposed to the current ceiling of $250,000. (2) It eliminates the 20 percent “cliffs” in the formula for duration of the marriage by gradually increasing the duration of maintenance (subject to the discretion of the court) by 4 percent until the parties’ 20th anniversary. It makes no changes to marriages of less than five years or marriages or more than 20 years. (3) It links the temporary relief statute (§ 501) with the maintenance statute (§ 504) so that an award of temporary maintenance under § 501 is a corresponding credit to the duration of the maintenance. Effective June 1, 2018. (4) Adult dependent child. Public Act 100-478 (Andersson, R-Geneva; Schimpf, R-Murphysboro) amends statutory awards from a decedent's estate to an “adult dependent child.” (1) It creates a separate statutory award for adult dependent child for at least $5,000, but it gives the court discretion to award whatever sum it deems reasonable or agreed upon by the surviving spouse and representative of the decedent's estate or affiant under a small-estate affidavit. (2) It links the statute to the adult child's financial dependency on the decedent family member. (3) It creates a process to make the statute work more effectively by requiring the adult child, adult child's agent or guardian, or other adult on behalf of the adult child to provide written notice to the representative or affiant asserting the adult dependent child's financial dependency on the decedent after receipt of a probate notice advising them of this potential award. Effective June 1, 2018. (5) Illinois Administrative Procedure Act. Public Act 100-212 (Barickman, R-Bloomington; Andersson, R-Geneva) ensures that the appeals by citizens in administrative review actions are not thrown out of court for a scrivener's error that is called a “misnomer.” (1) It requires that final administrative orders list all of the parties of record together with their last known address of record. The final order must also include whether there are any agency rules requiring a motion for



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reconsideration as a part of obtaining a reviewable final administrative decision and, if so, the citation to the rule. (2) It prohibits an action for administrative review to be dismissed for lack of jurisdiction based on the misnomer of any agency that is properly served with summons issued in the action within the applicable time limits. It also prohibits dismissal for failure to perfectly name an agent if a timely action of administrative review has been filed that identifies the final administrative decision under review and makes a good faith effort to properly name the administrative agency. (3) It allows a court to correct misnomers for an erroneous identification of the administrative agency that was made in good faith. Effective August 18, 2017. (6) Civil asset forfeiture. Public Act 100-512 (Guzzardi, D-Chicago; Harmon, D-Oak Park) amends the Drug Asset Forfeiture Act, Article 36, and money-laundering article in a number of ways. (1) It removes the property owner's burden of proving his or her innocence. Instead, the burden of proving guilt is on the government. (2) It creates an expedited process for innocent owners to have their cases adjudicated. (3) It increases the government's burden of proof from probable cause to preponderance of the evidence. (4) It requires the government to meet the higher burden of clear and convincing evidence if the person is found not guilty at trial in a related criminal case or if the government loses the criminal case at the preliminary stage. (5) It requires the government to do more to ensure that the property owner receives notice of the forfeiture proceedings and understands the steps that must be taken for the return of their property. (6) It eliminates the requirement that property owners must pay a “cost bond” equal to 10 percent of the value of the seized property before a judge can hear their case. (7) It exempts small sums of cash from forfeiture. (8) It prohibits mere possession of a miniscule amount of drugs from serving as a legal basis for forfeiture. (9) It requires new data collection and public access to information about seizures of property by police departments and forfeitures by prosecutors. Effective July 1, 2018.


Board of Governors

October 20, 2017

Information Agenda Item 2

Calendar

BOARD OF GOVERNORS

MEETING SCHEDULE

2017 – 2018

October 20th Board of Governor Meeting Chicago Regional Office, Chicago Morning meeting October 20th Illinois Bar Foundation Annual Gala Four Seasons, Chicago November 16th Distinguished Counsellor Luncheon Union League, Chicago December 7th – 9th Midyear Meeting (Joint w/Illinois Judges Association) Palmer House Hilton, Chicago January 26th Board of Governor Meeting Winnebago County Bar Association, Rockford

Morning Meeting / Tentative reception evening before March 23rd Board of Governor Meeting DoubleTree Hotel, Collinsville

Morning Meeting / Madison County - St Clair County Joint Dinner evening before

May 18th Board of Governor Meeting Illinois Bar Center, Springfield Morning Meeting / Board reception evening before

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