The Magazine of the Winnebago County

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1 August January Volume DXCIX DXCXX Number 8 1 The Magazine of the Winnebago County Bar Association

2 Justice Served DAILY. RIGHT Around the corner. In the same Ideal location for over 80 years, and conveniently located around the corner from the new Justice Center is one of the area s best kept legal secrets. DID YOU KNOW? Ideal Advertising & Printing has a Design & Print Center specializing in Legal Graphics & Courtroom Presentations. From our basic photo enlargements & re-touching to interactive time lines and visual re-creations. Ideal can design, print & maximise your case s potential with our custom visual aids & trial graphics. Advertising & Printing CALL: NORTH WINNEBAGO ST. ROCKFORD IL

3 PRESIDENT S PAGE-JANUARY 2012 Page 1 ROCKFORD LEGAL FOLLIES 2012 Yes, on c e again the relatively new not for profit corporatio n w h ich has taken over the production of the Rockford Legal Follies is going to put on a show. It will tak e p lace on January 20 and 21 at The New Sullivan Theater. As always, the as yet unwritten show will be in the very bes t of taste. The purpose of this column is to simply beg for money, both directly and indirectly. The net proceeds of the 2012 show will go to the Winnebago County Bar Foundation. The Foundation w ill then give the bulk of the money to Prair ie S tate Legal Services. There are 3 general sources of incom e f or the Follies. One is ticket sales. In round numbers, they should bring in around $15, The other sources are advertising in the program and donations. Tickets will be $30.00 apiece and there will be no assigned seats. Once again, the WCBA office w ill handle ticket sales. Ticket sales have begin. Please send checks (only), payable to the WCBF and specify Friday or Saturday night. Advertisements are sold by the quarter page, the half page or the full page. Don ations in any amount ar e w elcome and donors whose donations are received w ith a December post mar k w ill be a acknow ledged in the program. Donations should be made to the Winnebago County Bar Foundation w ith a memo reference the to The Legal Follies. Donations are w elcome from anyone and everyone. I f y ou have clients or friends w ho might consider making a donation, please ask them. Last year the Rockford Legal Follies presented the Bar Foundation with a check for $15,000.00, all of which went to Prairie State. We would like to present a check for a greater amount this year. Whether that happens is, to a very great extent, up to you. Finally, ask around. You will find that all persons who attended The Follies, with apparently one exception, had a great time. This year we are shooting for 100%. Thomas E. Laughlin is a sole practitioner. A graduate of of the University of Illinois College of Law, h e was admitted to the practice of law in Illinois in Mr. Laughlin is the President of the Win n e b a g o C o u n t y B ar Association. Title Underwriters Agency Service, Integrity, Quality. It s not a closing. It s an opening. To relationships. To finding answers. To getting solutions. { Need an answer fast? Need paperwork yesterday? Need an appointment today? At Title Underwriters Agency, we respond when you need us. We not only return your calls faster than anyone else, we give you the most comprehensive answers and the best solutions to the issues that concern you. We make the whole process as quick and easy as possible, and you can trust us to get the job done on time and done right, the first time. We re all about the relationship. We {do do what it takes to earn your business, and to keep it. Title Underwriters Agency is an Agent for Chicago Title Insurance Company Waterside Center 126 North Water St. Rockford, IL ph: (815) fx: (815) Byron Office 117 S. Lafayette Byron, IL ph: (815) fx: (815) Mulford Office 1235 N. Mulford Rd. Rockford, IL ph: (815) fx: (815) Roscoe Office 4908 Hononegah Rd. Roscoe, IL ph: (815) fx: (815) Belvidere Office 417 South State St. Belvidere, IL ph: (815) fx: (815) Oregon Office 119 S. 4th St. Oregon, IL ph: (815) fx: (815) Rochelle Office 242 May Mart Dr. Rochelle, IL ph: (815) fx: (815)

4 Need to reduce this year s budget? Fridh Corporation can review your current lease and provide a free, no-hassle, no-commitment proposal to help you lower your rental expenses. East- and west-side locations to serve your needs. Fridh Corporation can help! Rely on Fridh for low-cost rental space, high-quality service and professional management. Call Fridh today... Jeff Holt, RPA: F E A T U R E D S P A C E Located in Stewart Square 308 W. State Street 588 SF Class A office space Available Now 1111 S. Alpine Road, Suite 401 Rockford, Illinois

5 WCBA REPORTING Page 3 Being treated unprofessionally? Have you witnessed unprofessional behavior? Seventeenth Circuit Court Peer Review Council Hon. Gerald F. Grubb Roberta Holzwarth Frank Martinez Azhar Minhas Keith Morse Frank Perrecone Contact one of the above council members to report any conduct believed to be in conflict with the Seventeenth Circuit Court s Statement of Professional Aspirations. Reports are confidential! For more details, please visit the Peer Review Council section on the 17 th Circuit s website: SAVE THE DATE! WCBA Solicitors Soiree DINNER DANCE FRIDAY, FEBRUARY 24, 2012 ROCKFORD COUNTRY CLUB MUSIC BY THE SENSATIONS Invitations will be mailed shortly. BOOK CLUB NEWS The WCBA Book Club meets the firs t Wednesday of the month at Noon at the Bar Office. The book February 8 th book is Steve Jobs by Walter Isaacson. REPORT FROM THE ISBA ASSEMBLY Jus t a r eminder, at the ISBA Assembly meeting held on December 10, 2011, Chief Justice Kilbride reported to the Assembly that: 1. The ARDC has been granted authority to investigate and prosecute the unauthorized practice of law. 2. All civil and criminal jury instruction can be found on the Supreme Court s w ebsite. 3. The Supreme Court s w ebsite has been modified to make more user friendly. 4. For appeals E-filing of the common law r ec o r d should be available in all distric ts similar to what is now available in Second district. 5. E-filing is being proposed for all circuits to be adopted w ith reasonable individual modifications. Attending as your representatives w ere: Cheri Greenlee, Don Mateer, Frank Perrecone and Don Shriver. CALENDAR JANUARY Pizza w ith Judge Prochaska-Noon Bar Office 10Editorial Board-Noon Bar Office 11Senior Section-5:00 p.m. University Club 12Help Desk Committee-Noon Bar Office 16Holiday-Bar Office Closed 17Federal Section-Noon Bar Office 18Community Service-Noon Bar Office 19Diversity Committee-Noon Bar Office 20Child Advocacy-Noon Bar Office 23Clambake Committee-Noon Bar Office 24Board of Directors-Noon Bar Office 25Criminal Section-Noon Bar Office 26Diversity Committee-Community Outreach Event Sub- Committee-Noon Bar Office MEMBERS ON THE MOVE A n n Dittmar & Adrian C. Phillips have moved their practice to Guyer & Enichen P. C Reid Farm Road, Rockford, IL The phone is and the fax is Em a il Ann at a d i t t m a g u y e r l a w. c o m a n d Ad r ia n a t Susan Brazas has opened the office of Susan Brazas, Attorney at Law at 185 Buckley Drive, Roc kford, Il The phone is the fax is and her is Kelly Vecchio and Anne Vecchio have moved the Vecch io Law Office to One Court Place, Suite 101, Rockford IL Phone is and fax is Kelly at and Anne at Darlene Soderberg h as a new fax number. It is

6 SUPREME & APPELLATE COURT REVIEW Page 4 CRIMINAL As we begin the New Year please find below citations to cases o f significance in the criminal law arena issued by the Second District Appellate Court over the last several months of In re Terry H., 2011 IL App (2d) SUPERVISION: SEX OFFENDER Trial court properly revoked defendant's court-ordered s upervision for sex offense where juvenile offender failed to participate in counseling, notw ithstanding difficulty in dis c us s ing subject matter and mental health problems. Violations justifying revocation of supervision need not be "willful." People v. Barwan, 2011 IL App (2d) DISMISSAL OF CHARGES W h er e defendants w ere all charged w ith third o r subsequent (felo ny) DUI offense, but their second DUI violations all remained pending, trial court erroneously dismissed charging instruments alleg in g the defendants' thir d DUIs. Whether defendants w ere convicted of pending second DUI offense w as (1) beyond the four corners of charging instruments for third DUI violations, (2) a premature concern at best, and (3) an improper basis for dismissal of the charges. People v. Dillavou, 2011 IL App (2d) S UFFICIENCY OF THE EVIDENCE: BURGLARY/ RESIDENTIAL BURGLARY Defendant's conviction for r es idential burglary-based on the theory of burglary by remaining-affirmed w here defendant, a contractor, entered residence w ith permission, but permission w as implicitly w ithdraw n as soon as defendant formed intent to commit a theft, and did commit theft, regardless of the ow ners' know ledge. People v. Yaworski, 2011 IL App (2d) SENTENCING: RELIABILITY OF EVIDENCE No error in relying on presentence investigation report (PSI), which was admitted without objection, and listed a number of suspect prior DUI offenses. Additionally, unobjected-to admission of defendant's full driving abstract was prima facie evidence of prior DUI violations. ONE-ACT, ONE-CRIME: DUI & DWLR DUI and driving w hile license revoked (DWLR) convictions w ere er roneously merged under one-act, one-crime rule, when they are in fact distinct offenses. See People v Nunez, 236 ILL. 2d 488 ( ). Though State forfeited issue by not raising it below, appellate court w ould address issue and enter senten c e on erroneously vacated DWLR conviction. People v. Bouchee, 2011 IL App (2d) ONE-ACT, ONE-CRIME: Hom e I n v asion/criminal Sexual Assault Trial c o urt may properly sentence defendant to con secutive sentences for home invasion and criminal s exual assault. Under the abstract elements approach, home invasion statute rendered criminal sexual assault a predicate offense, but not a lesser-included offense. People v. Theis, 2011 IL App (2d) EVIDENCE - VIDEOTAPED INTERROGATION The unobjected-to admission of defendant's videotaped custodial interview w as not an error. Defendant's statements on the videotape were the admissions of a party opponent, w hile the officer's statements to defendant, w ere not im permissible hearsay assertions or opinions of guilt; rather, they formed the other half of a taped conversation, w hich is categorically non-hearsay. Had th e officer's statements been redacted, as defendant suggested, the tape would have been nonsensical. E V I D E N C E - B O D Y L A N G U A G E TESTIMONY/CLOSING ARGUMENT Of f icer's testimony regarding defendant's non-verbal conduct during questioning, after defendant w aived Miranda, w as admissible. Ad ditionally, defendant's body language could be seen on videotaped interview for the jury to draw their ow n conclusions. Also, prosecution's comments that defendant's body language indicated guilt in rebuttal closing argument w ere proper respon s es to defens e counsel's closing argument that defendant's body language indicated innoc enc e w hile defendant's accomplice's body language indicated guilt. OTHER CRIMES EVIDENCE - PROPENSITY TO COMMIT SEX CRIMES Pr o p ensity evidence properly admitted to show that defendant committed s im ilar sex crimes to another child v ic tim. Similarities included types of sexual acts, contr o l over victim, location of the crimes, and the active presence of an accomplice. People v. Martinez, 2011 IL App (2d) STATE APPEAL - DOUBLE JEOPARDY Trial court erred by denying request for a continuance and entering a directed verdict acquitting defendant of charges w here, after a jury w as selected, the prosecution requested a continuance to secure the appearanc e of material w itness es and refused to participate in a "sham trial." As prosecution did not participate, defendant w as never put to jeopardy. In re Darius G., 406 ILL. App. 3d 727 (2d Dist. 2010); In re Paul F., 408 ILL. App. 3d 862 (2d Dist. 2011); in re Quadaysha C., 409 ILL. App. 3d 1020 (2d Dist.

7 SUPREME & APPELLATE COURT REVIEW Page ) JUVENILE - ABUSE AND NEGLECT/ CON F LICT OF INTEREST In abuse and neglect proceedings, absent an on-the-record w aiver, the same attorney may not appear on behalf of different clients. Where attorney does not specify a limited scope of repr es entation, full representation and prejudice are presumed. Lawrence Bauer is the director of the Office of the State s Attorney Appellate Prosecutor-Second District. He is a graduate of the Valparaiso University School of Law. Mr. Bauer was admitted to the practice of law in Illinois in CIVIL Reliable Fire Equipment Company v. Arredondo et al., 2011 IL (2011). In Reliable Fire Equipment Company v. Arredondo et al., the Illinois Supreme Court recently clarified the test for w hether a noncompetition restrictive covenan t is enforceable in Illinois. Arnold Arredond o ("Arredondo") Rene Garcia ("Garcia") were employees of Reliable Fire Equipm ent Company ("Reliable"), w hich sells, installs, and services portable fire extinguishers and a variety of fire suppression and f ir e alarm systems in Chicago, northern Indiana, and southern Wisconsin. Both Arredondo and Gar c ia had signed noncompetition restrictive covenants shortly after being hired. Ernest Horvath, Reliable's founder and board chairman, became co n c erned that Arredondo and Garcia w ere planning to compete w ith Reliable and confronted them, asking if they were starting their own business. They denied it, although in fact they had already formed High Rise Security Systems, LLC ("High Rise"), w hose stated purpose w as to supply engineered fire alarm and related auxiliary systems throughout the Chicago area. Arredondo subsequently resigned, and Garcia w as fired on suspicion of competition. Reliable filed suit against Arredondo, Garcia and High Rise, alleging that it had entered into valid and enforceable noncompetes w ith Arredondo and Garcia and that they had engaged in sales activities and provided services to Reliable customers, solicited referrals from Reliable's referral sour c es, and solicited several Reliable employees to leave the employ of Reliable, all in violation of those noncompetes. The Defendants filed a c ounterclaim, seek ing a declaration that the noncompetes w ere unenforceable. The circuit court concluded that Reliable had failed to establish a legitimate business interest that justified the enforcement o f the noncompetes. The appellate court affirmed, and the Supreme Co urt allow ed the appeal. The Court first clarified that in Illinois a nonc om pete is reasonable only if it: (1) is no greater than is required for the p rotection of a legitimate business interest of the employer-promisee; (2) does not impose undue hardship on the employee-promisor; and (3) is not injurious to th e public. The panels of the appellate court that had held that a legitimate business in terest of the employer-promisee w as not a requirement for an enforceable nonompete, then, had done so in error. The Court went on to explain that, despite various courts' efforts to create a rigid test for when a legitimate business interest exists, the proper approach is to analyze the totality of the circumstances in each given c ase. Factors that courts had previously h eld to be conclusive, such as the near-permanence of customer relationships, the employee's acquisition of confidential info r m a tion through his employment, and time and place restric tio n s, are merely n o n exhaustive and nonconclusive aids in determining the exis tence of a legitimate business interest of the employer-promisee. The Court reversed the judgments below and remanded the matter for further proceedings consistent w ith its ruling. Citizens Insurance Company of America v. Uncommon, LLC, et al., 2011 WL (N.D. Ill. 2011). In Citizens Ins u r ance Company of America v. Uncommo n, LLC, et al., the United States District Court for the Northern District o f Illinois, Eastern Division, held that an in s urer had no duty to defend or indemnify its insured against claims for unfair competitio n, deceptive trade practices, tortious interference w ith business practices, and unjust enr ichment because an intellectual property exclusion in the subject insurance policies barred coverage. Uncommon, LLC, ("Uncommon"), a purveyor of cell phone cases, had been receiving letters and notices from UncommonGoods, w hich operates a w eb site and publishes a catalog offering, among other things, cellular phone cases, charging that Uncommon's use of the nam e "Uncommon" infringed on UncommonGoods' trademarks. Uncommon filed a declaratory judgment action seeking a declaration that it had no t infringed UncommonGoods' trademarks, nor engaged in unfair competitio n, false designation of origin, or unfair competition, and that there was no likelihood of confusion between the two company's

8 SUPREME & APPELLATE COURT REVIEW Page 6 products. UncommonGoods answ ered and filed counterclaims alleging statutory and common law trademar k Family infringement, statutory Law and Golf common law unfair competition, deceptive trade practices under the Uniform Deceptive Trade Practices Act, tortious interference w ith Outing & Dinner business practic es, fraud on the Patent and Trademark Office, and unjust enrichment. Uncommon notified Citizens Insurance Company of America ("Citizens") of the suit, w hich ultimately settled, expecting coverage pursuant to personal and advertising injury coverage language in two policies issued to it by Citizens. Citizens denied coverage and filed suit seeking a declaration that they had no duty to defend or indemnify Uncommon. The coverage contentio n stemmed from an intellectual property coverage exclusion included in both of the subject policies excluding coverage for injuries "[a]rising Thursday, out of the infringemen September t of 22, copyright, 2011 patent, trademark, Golf-Aldeen tr ade Golf secret Course or other intellectual property rights." While b oth parties agreed that the many of the Dinner-Vito s Ristorante-1620 N. Bell School counterclaims raised in the underlying suit w ere barred by the Road IP exclusion, they disagreed whether the claims for unfair Tee times competition, starting decat eptive 1:00 trade p.m. practices, tortious interference with business practices, and unjust enrichment Cocktails starting at 6:00 p.m. Dinner at triggered coverage. 7:00 p.m. The Court saw the suit as raising three questions. The Open first to was all whether WCBA the members IP exclusion and can Family be avoided Lawby the Attorneys f act that unfair competition, deceptive trade practices, tortious interference, and unjust enrichment claims, as a Limited number of tee times available gener al m atter, can and usually do arise from conduct having RESERVE noth innow! g to do w ith trademark infringement. The Court held the an s w er to be "no," noting that it is the factual allegations, and not the legal theories raised, that Send golf reservation to: Attorney Gerry determine w hether coverage is triggered. Shelton, The second question was how to determine when such 321 W. claims State would Street fall within Suite the IP 1204, exc lusion Rockford, and when they IL would not. The answer, said the Court, "is that a claim brought under a non-trademark legal theory is Name: [excluded] if the claim would not have arisen but for the trademark Phone: claim. That is, the IP exclusion applies if the underlying Each golfer claim, will regardless pay for of golf the at legal the theory course. under w hich it is styled, could not proceed independently of trademark infringement." Preferred This, golf in turn, partner/foursome/tee led to the third question, which was whether time: the non-trademark claims at issue here would not have arisen but for the allegations of trademark infringement. The Court found that the statuto ry and common law unfair competition c laims necessarily turned on Uncommon's use of UncommonGoods' registered trademarks. The deceptive trade practices claim depended on allegations of passing off. The tortious inter ference claim turned on allegations that Uncommon interfered w ith UncommonGoods' reasonable expectation of exclusive use of its trademarks, that those trademarks w ere significant in $35.00 per person, make check its pres ent and future business relationships, and that payable Uncommon to purposefully Kalivoda interfered & Shelton w ith Trust UncommonGoods' Account expectation. PLEASE The MAKE unjust enrichment YOUR claim depended DINNER on the allegation that Uncommon w as unjustly enriched and RESERVATION (With food choice) TO THE retained benefits of the use of Un commongoods' trademarks. BAR OFFICE Thus, coverage w as barred as OR to all of these claims pursuant to the IP exclusion. Adam Lied is associated with Circle choice of entree: the firm of WilliamsMcCarthy LLP. A graduate of the Notre Dame Law School of Law, he was admitted to the shrimp or salmon practice of law in Illinois in Caesar Salad with (circle one) chicken, 2. Spaghetti with meatballs (includes salad) 3. Lasagna (circle one) Meat or Vegetable 4. Parmigiana Trio (Veal, Chicken & Eggplant) (served with pasta, includes salad) 5. Grilled Salmon (includes salad, potato & Marc C. Gravino is a partner in the law firm of WilliamsMcCarthy LLP. vegetable) A graduate of the University of Wisconsin-Madison School vegetable) of Law, he was admitted to the practice of law in Illinois in Rib Eye Steak (includes salad, potato & At NLT Title, our services are all over the map. And that s a good thing. SERVING BOONE, DEKALB, OGLE, McHENRY, STEPHENSON, AND WINNEBAGO COUNTIES» Title Insurance» Title Searches» Real Estate Closings» Escrows» Construction Payouts A subsidiary of Attorneys Title Guaranty Fund, Inc. Rockford (815) Belvidere (815) Crystal Lake (815)

9 WASTE CLASSIFIED MISMANAGEMENT Page 20 7 Office Space Available. By Dan Great Doyle Location, across from Burpee writing Office Space: the comedy, $8 per WASTE square foot MISMANAGEMENT, plus utilities. Lower a Museum, As 1800 a prosecutor, sq. ft.. I once Ideal found for myself, 2-4 lawyers both literally or other play level that of all is brick currently building. in the Two cooker blocks and will from be Cherry presented Vale. at and professional figuratively, business. "dow n Nice in the size dumps." offices, The large murder conference case Iroom Pec Call Playhouse Theatre for th r ee w eekends, February 10 wseparate as handling break had and some copy solid room. physical On/off evidence, street parking. except for Contact Wanted: Looking for a transactional position. Willing one Rich rather or Luci noticeable Butera (815) omission - the cops couldn't find the In the play, Attorney J.B. Ho r nsby struggles to to do small amount of litigation work as well. 7.5 years c orpse. Acting on an informant's tip, we dug up half the defend his pistol packing client agains t a charge of Storage Garages Available Storage space for your vehicle, private firm experience. Excellent references. Call: 815- county landfill looking for the b o d y b u t came up w ith murdering her stockbroker husband and ditching his body, boat, camper or classic car. Four garages available, each noth in g better than some old tractor tires, squirrel nose dow n, in the local landfill. Unfortunately, she admits $50.00 per month. Close in. Call (815) carcasses and about f o ur pounds of used condoms. Of gleefully Office Space firing 2000 a few square bullets feet into of space Hu bby's for offices. prized Jaguar $9 per course, Office Space it w as to inevitable Rent Space that the to rent, defense up to attorney 4,200 square w ould feet; before square push foot. incontact g it into Dan the Gilbert river payback for his or harsh whine floor plan about allows this - for "You configuration can't prove to murder suit what without you need a body, for your ords about her extracurricular gilbert.com. love life. When Hornsby blah, suite blah, and blah." to accommodate But I'd read up th e to cases ten-plus on corpus lawyers. delicti Includes tries to pin the killing on a mob loan shark and hit man, the For Lease: Impress your clients, friends and family. and 1,200 knew square that foot dead meeting bodies, area while available highly desirable, for larger are office not use tables turn and the law yer becomes th e target. Mugsy, Magnificent loft apartments and town homes available at always and /or subdivision. an essential ingredient Ample off-street the prosecution's parking, within case. walking Hornsby's ambitious secretary, goes undercover to nail the Garrison School, just south of St. Peter's Church. At 1105 (I'll distance admit, to though, Courthouse. that I Contact couldn't Donald resist wl. atching Shriver the at door mobster, but the question of the client's guilt or innocence N. Court Street, you are just blocks from the River and a during my final argument, in fear that the alleged decedent remains a mystery. Beulah Thistlebotto m ( J udge Office Space for Rent Corner of Main & Mulberry. short drive or walk to the Courthouse. See our website at might come bursting into the courtroom, sporting a deep tan Rosemary Collins), a w ildly eccentric psychic, holds a Approximately 8,000-10,000 square feet. 8+ offices Favorable garrisonlofts.com or call Kathleen Kline at and explaining that she'd been on an extended v acation in séance and employs her mystical pow ers to bring about an rent. Call or the Bahamas and couldn't understand what all the fuss was astonishing conclusion that only a glue-sniffing psychotic at about; Office but, Space then, Available: that only I happens have an in office old Alfred space available Hitchcockat 728 the Legal heigservices: h t of his Evaluation, most deranged analysis, hallucinations and summarization could have movies.) North Court In St. the end, It rents it all for worked $250 per out month. fine, except The rent for the includes envisioned. of medical records. Very experienced. Medical defendant all utilities, who off street was convicted parking by and, the entry for all door, I know, conference mightroom, background. Th e Competitive show is directed hourly rate. by Quick Jamie turnaround. Button of still DSL be and in wireless prison. connection. The tenants in the building, besides courtroom Call 815/ security fame, an experienced actor w ho has myself, are two lawyers and a CPA. Call Ken Ritz at My purpose in relating these events is not to entertain you appeared Elegant in office countless space local available productions. for 1 or 2 lawyers and or Office to dazzle Space you Professional with my gras Office p of Space c orpus for Rent, delicti Downtown law. staff at T1707 ic k e te. s State g o Street, on srockford. ale J an. Call 20. Steve Rather, Rockford. it is 5000 an explanation sq. ft, $ of how I plus came utilities. upon the idea Call of Deb at pecplayhousetheatre.org Zimmerman at or call , or Jamie (815) Button, Here When You Need Us. 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10 The Pec Playhouse Theatre is proud to announce the World Premier of: Waste MisManagement Written by retired Winnebago County Judge Dan Doyle Directed by: Jamie Button February 10th - 26 th Attorney J.B. Hornsby struggles to defend his pistol packing client against a charge of murdering her stockbroker husband And ditching his body, nose down, in the local landfill. Unfortunately, she admits firing a few bullets into Hubby s prized Jaguar before pushing it into the river. A real funny who-dun-it with lots of twists and turns along the way. ShowTimes: Fridays and Saturdays at 8:00 PM Sunday matinees at 2:00 PM Tickets: $12.00 All Seats For tickets: buy online at or call Pec Playhouse Theatre 314 N. Main St. Pecatonica, Ill Visit us on FaceBook!

11 WCBA HOLIDAY PARTY Page 9 ISBA President John Locallo, Mike Shalbrack and Chuck Prorok WCBA President Tom & Pam Laughlin Janet Holmgren & Bobbie Holzw arth John France and Tom Laughlin Sherri Rudy, Marcia Mueller & Dan Cw ynar Mike Raridon, Gary Flanders & Laird Lambert

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13 SUPREME SUPREME & APPELLATE APPELLATE COURT COURT REVIEW REVIEW Page 6 Page 5 ELDER offer a refund ABUSE of the $40 AWARENESS fee and to pay all courts MONTH costs The Illinois Supreme Court affirmed dismissal Page because 12 CRIMINAL had consented. In the ins tan t case, the prosecutor w as incurred by Barber BY CHARLIE to that point. O MALLEY Barber's counsel declined there w as ILLINOIS SUPREME COURT successful Many no in obtaining professionals longer a controv the court s are required er s y betw approval by een law the to to have rnamed ep the ort the PRESIDENT S VERDICT offer, July opting is officially REPORT to prelder PAGE-APRIL oceed Abuse as a Aw class areness action Month On in plaintiffs and the Board, and the named plain tif f s "never 2003 suspected victim elder testify, abu but se. w ithout "Mandated allowing reporters" Page 1 the jury to include 11 learn September People v. 25, Ward, 2008, Foreclosure Ill.2d (No. three weeks Tours after , contacting filed June Barber's 16, and moved Las for Vegas, or received because class Roc kford certificreal ation estate prior prices to the were trial Illinois. Case Name "Elder and abuse" Parties refers : Garrett to a variety G. Clarke of maltr and eatm Lauren ent W. Clarke, that physicians Plaintiffs, there had and v. George been dentists, G. an acquittal social Clarke, wfrederick in orkers, that other educators, W. Clarke trial. In this and IV attorney, toward and 2011) Clarke Appellate adults American Limited over Citation: by Partnership, the refunded John age 389 Rearden, of Ill. Barber's 60. Defendants App.3d Most Jr. cred 757 reported it card cases for the of not court's trial, state high the employees, granting even before of jury convicted, among the the Board's others. real estate motion and defendant A mandated collapse to dismiss." w as reporter that began sentenced who in as $40 Opinion baggage As by Justice I fee. strolled Kilbride, down State joined Street by JJ. in Freeman, Rockford, Burke, a van However, Thus, as the the slump Illinois the Supreme economy, Court and borrowers elder Case No.: abuse 07-MR-711 concern financial exploitation, emotional and a willfully Class fails X offender to report to elder 25 abuse years. is subjec The ap t p to ellate a noted Class in court A buzzed by me. The side of the van announced a relatively who lost their jobs, stretched too far with a mortgage, or phy Trial and s ic Theis, Dates: al On abuse, September Dissent October and by passive 30, 26, Justice 2008, 27, neglect, 28, American Gar 29 mand but an, 30, cases joined f iled 2011 of a by sexual JJ. misdemeanor. Barber, "the impo affirmed. Bankers r tant and consideration law yers are in not determining mandated new local attraction in large letters: FORECLOSURE suffered some other setbac k, an d then w ent into motion Judge: Thomas to and dismiss Karmeier. the grounds th at Bar ber's individual whether a named representative's claim is moot is whether TOURS. abuse, whonorable illful A local deprivation, J. Edw ard realtor has created and Prochaska confin a foreclosure em ent are tour also to reporters, foreclosure, Illin but oseems is they has are to a have strongly statute had w encouraged the hich samalters e result to common vohere lu n tarily as lawin claim Plaintiffs' take prevalent. w p as rin olaw spective moot 2007, It yers: is because estimated this Bradley buyers Cook of that County T. the around Koch, only refund. defendant 10% Joseph to The of properties F. circuit was elder Arias brought court, abuse and injocelyn L. report that other Koch representative rules areas, by suspected of Holmstrom allow a foreclosure ing abuse. filed & Kennedy, a the admission w ave. motion P.C. for class certification of other-crimes evidence Defendants' foreclosure. cases to after trial hearing are reported. the Law Every arguments 2002 yers: Saturday, criminal Scott on the C. the sexual Sullivan, issue, trolls assault granted Troy around of E. American's a Haggestad the woman area of WilliamsMcCarthy Charle prior to in certain O Malley the It s time enumerated a LLP pretty when safe the types bdefendant et that, of like made cases, Hurricane its tender." including Katrina, If the Damages to who motion show lived because Any interested Sought: on suspected the Barber south In buyers excess elder had side the never of abuse cream $2.5 Chicago. filed should of million, the a mshe be curdled. otion plus reported. had attorney's for left class her To fees. is someday the c r associated defendant the iminal-sexual-assault with foreclosure makes its tender wave will prior recede, to c lass but certification, right now, offense at issue here, to show home certification. Verdict: respond Rockford to For m id these Defendants nthe ight reports, is appellate to not go as unique. the to to court a all state store. counts. Oreversed, legislature ther Subsequently, areas applying enacted have been she the no then one the in terests of the other class members are never propensity Law knows Office to commit of w hen. Most of us look forward to a day the charged crime. In deciding identified "pick Facts doing Elder Abuse off" foreclosure Case: defendant exand ception Plaintiffs, Neglect tours a since police the Act, as mootness limited 2008, 320 lineup. ILCS partners and doctrine. At 20/1 on trial, a of et much she a seq. Under family testified bigger This the limited partnership, Sherri wbefore hen court, and the complaint may properly be whether Rudy. there brought are to admit, A graduate not a derivative enough action foreclosed breach houses of to fiduciary make a the judge decides whether the probative "pick duty scale. as to how off" California exception, this defendant real a estate plaintiff pus prhed of who essionals her fails into to a have move van apparently and for raped class dismissed foreclosure on bus mootness tour orthw grounds. hile. Maybe Because then Barber people never w ill Act and creates an action a netw for ork an of accounting local agencies against defendants, w ho can the General of value Northeastern Partners, who of the evidence Law wschool ere defendants' uncle and father. is outw eighed by the risk of undue certification Plaintiffs been hosting her. prior foreclosure to a defendant's tours for tender a couple may of nevertheless years now. filed get on her a bus motion to see for houses class being certif sold ic by ation willing and sellers. investigate alleged reported gross abuse. negligence In and Boone self-dealing and Winnebago w ith respect to certain American In Florida, one real estate professional is doing foreclosure prejud he was actions ic admitted of defendants, e, giving to consideration the bar including the decision to invest to the proximity in time to pursue class A sex certification offense involving if the this plaintiff defendant has exercised had also refunded her baggage fee, the Illinois Supreme Court found tours Counties, in real estate by boat. reports located A Las should the Vegas be Greenbrier real made estate to Resort profes Visiting in sional Nurses West Virginia through did a in John the Illinois the charged Rearden, in use November of leverage. offense, Jr. is the of Plaintiffs also alleged that degree of factual similarity, and reasonable allegedly defendan occurred diligence in in 2003, that regard. later than the offense at iss ue, that the circuit court correctly dismissed her claim. foreclosure Association ts breached tour at (815) by private their duty of jet. A Anon loyalty Minnesota y mwo uhen entr s reports they purchased epreneur, are assets from a other partner relevant He in is the a the member partnership. facts firm and of of The defendants contended: (1) circumstances. that wbut accepted, ho brought at says all Thtimes and foreclosures e to Ireports llinois trial they earlier. Supreme acted are are confidential. In fairly running that Court and case, reversed ramped, in The the Department best defendant the advertises interests appellate won asof the partnership; Oliver the Editorial Close, Barber (2) that contended before the Illinois Supreme The defendant LLC. Board they warned of argued Theplaintiffs of a declining real that there was an abuse of estate his acquitted. Aging court foreclosure ruling, market also That relying has tours 2007 victim a on as 24-Hour and its testified a fun, made holding innovative Elder a as fair to Wheatley how Abuse offer way the to v. Hotline to defend purchase Board become ant of at their interests A Court graduate that the complaint of E mshould o ry not have been dismissed discretion Lawyer. before the real estate collapse of 2008, and (3) that in the trial court s refusal to admit evidence of educated had Education they dragged acted about of fairly her Tow the through when nship Minnesota they High some purchased School foreclosure bushes District and assets market. raped 205, from her 99 the when Ill.2d partnership University because in a declining of College the market "pick o f Law, off" to mitigate exception he the losses to Wheatley. to Plaintiffs. That the acquittal. T h e Supreme Court held that the plain she Expert 481 (1984). was Witness While out In late I called that have case, night no by problem Plaintiffs: two the teachers south with John foreclosure who suburban J. Renner, had been Chicago tours II, fired CPA or of Richmond, was exception admitted Virginia can to be the traced practice to Arriola of v. Tim e Ins. Co., 323 language of sec tion of the Code of Criminal Expert area. by other the methods Board Witness T ak en of to called Education market a hospital by Defendants: foreclosed filed emergency a class properties, Robert action room, J. on Layton, a behalf she tour saw CPA of of Uniontown, law Ill.App.3d in Illinois Ohio 138 in (2001), He in is which the court relied on Procedure of 1963 permits both evidence of the themselves houses that defendant in and their a 57 owners w aiting other area fired abandon and teachers. ed, or identified One on him month w hich to police. after they the Wheatley to dismiss President a c las of s action because the defendant could not make the payments, is not my idea of fun. the defendant s Winnebago commission County of another enumerated offense or filing DNA testing the complaint, linked the defendant the tw o to r epresentative both women. teaches In both tendered full damages to the plaintiff. How ever, in dicta, It reminds me of the tours that sprang up in New offenses Bar Association. and also evidence to rebut that proof or an accepted cases, he an c ontended offer of re-employment, that the women and were the prostitutes Board moved Orleans to see the damage inflicted by Hurricane Katrina. and to dismiss Rockford their complaint really differs on mootness from California, grounds. Florida Your journey begins here... Bob Anderson, CFP Voyager provides three key financial services to assist clients in navigating their financial course: Financial Planning Investment Management Personalized Consulting Our commitment is to continue serving clients in a fiduciary capacity, freeing them to focus on the many other important aspects of their lives East State Street Suite 130 Rockford, IL ~

14 PRACTICE TIP-WORKERS COMPENSATION Page 12 BY FRANCINE WHITE & JAMES GESMER REVISIONS TO THE ILLINOIS WORKERS' COMPENSATION ACT: During the summer of 20 11, after a lengthy discourse, the Illinois legis lature made significant changes to the Illinois Workers' Compensation Act. Many of these changes w ent into effect on S eptember 1, In the November 2011 edition of The Law yer, Tom Crow ley w rote an extensive article about the Utilization Review provisions of the r ev ised Illinois Workers' Compensation Act (Sectio n 82 0 ILCS 305/8.7). The changes to the Utilization Review provisions pertain to all health care services that are recommended on or after September 1, 2011, and apply to all pending cases. The following are the other major changes to th e Illinois Workers' Compensation Act: 1. The revised Act codifies under Sec tion 1(d) that the Petitioner has the burden of provin g by a preponderance of evidence that the injuries sustained arose out of and in the course of employment. 2. For all accidents occurring on or after September 1, 2011, w age differ en tial aw ards under Section 8(d)(1) shall be effective only until the Petitioner reaches th e ag e of 67 or 5 years after the date that the arbitration award becomes final, w hichever occurs later. 3. Temporary Partial Disab ility benefits are to be calculated by using the gross instead of the net amount of income earned from the post-injury light duty position. 4. With r egard to Petitioner's choice of physicians, the employer is now allowed to establish a Preferred Provider Program (PPP) of medical providers approved by the Illinois Department of Insur ance. The PPP only applies to workers' compensation cases in which the PPP was already approved and in place at the time of the injury. The injured worker must be notified of the PPP and must be given information on a form provided by the Illinois Workers' Compensation Commission (this form is available at IWCC.il.gov). Injured w orkers can choose tw o treating physicians from the providers w ithin the employer's netw ork. If the Commission finds that the 2 nd choice physician w ithin the employer's netw ork has not provided adequate treatment, then the injured w orker may choose to treat with a physician from outside the employer's network. An injured worker can opt out of the PPP in writing at any time, but doing so is considered the utilization of one choice of physician. If the in jured w orker chooses non-emergency medical treatment bef o re the w orker reports the accident, such treatment is considered a choice. 5. Maximum recovery for loss of the us e of a hand has returned to 190 w eeks of permanent partial disability benefits, reduced from 205 w eeks of PPD benefits. 6. The revised Act caps the award for carpal tunnel syndrome. Awards for carpal tunnel syndrome are capped at 15% loss of the us e of each hand unless the injured worker is able to prove that there is a greater disability by clear and convincing evidence, in which case the award is capped at 30% loss of the use of the injured hand. 7. In determining permanent partial disability for any accident occurring on or after September 1, 2011, a physician can submit an impairment report and the physician is to use the most recent AMA guideline on impair ment. The amount of permanent partial disability is to be based upon the impairment report, as w ell as the following factors: the occupation, age and future ear ning capac ity of the injured w orker and evidence of the disability in the treating records of the injured w orker. All of these factors are to be considered and included in all decisions/aw ards for permanency. No one criteria is to be th e s ole determinant of disability. The Arbitrator's aw ard of permanent partial disability must include a discussion of all of these factors, as well as the weight accorded to these factors in determining the level of permanency aw arded. Please note that the Illinois Wo r k ers' Compensation Commission issued a Memo on December 6, 2011, providing guidance on AMA impairment ratings and PPD aw ards. The Commission unanimously agreed to provid e the following recommendations to Arbitrators: (a) an AMA impairment report is not required to b e submitted by the p arties w ith a settlement contract; (b) if an impairmen t rating is not entered into evidence at trial, the Arbitrator is not precluded from entering a finding of permanent partial disability. The Commission noted that these statements are provided as guidance and are not a rule of general applicability, and that each Commissioner and Arbitrator is to issue a decision that is based on the factual situation on review before them. This Memo is av ailable for view ing at IWCC.il.gov. 8. For all accidents occurring on or after September 1, 2011, if th e injured w orker is intoxicated, no compensation is to be paid if the intox ic ation is the proximate cause of the injury or if the intoxication created a departure from the injured w orker's employment. Th e injured worker can challenge the intoxication by showing that it was not the proximate or sole cause of the injury by a preponderance of admissible evidence. 9. S ec tion 1.1 is new and outlines the standard o f conduct of Arbitrators and Commissioners. 10. Pre-T r ial Conferences are now "officially" permitted pursuant to Section 1.1(f) of the Act. 11. A collective b argaining pilot program is found in Section 4(b) of the Act. 12. Section 8(a) states that medical expenses

15 PRACTICE TIP Page 13 necessary to cure, treat o r r elieve the effects of an employee's injuries are to be paid by the employer even if th e h ealth care provider sells/transfers or assigns the account. 13. S ev er al changes have been made to the F ee Sched u le. First, all payment to providers for medical treatment is to be made within 30 days of receipt of the bill (not 60, as was previous ly required). Second, if a bill is denied f o r any reason, a w ritten notification is to be provided, explaining the basis for the denial and describing any additional necess ar y information that is needed. This notification is to be sent to the medical provider within 30 days of the receipt of the bill. 14. Section 8. 2 a provides for electronic claims filing, although this has not yet been effectuated. I n addition to the above changes, many of th e dow nstate arbitration venues have b een consolidated and some have been eliminated. There are now 5 workers' compensation "zones" in Illinois. Rockford is part of Zone 5, along w ith Woodstock and Waukegan. Each arbitration hearing site is to have at least 3 ar b itr ators, and these arbitrators are to serve only two years in any single venue. Arbitrator s appointed in the future must be licensed attorneys. After January 1, 2012, all cases will be reassigned to the 3 arbitrators in each zone. Some cases have already been reassigned. You can check for this information at IWCC.il.gov. Also, after January 1, 2012, all cases w ill be given three month contin u ances instead of tw o month continuances. The schedule for the first half of 2012 is available on th e I llinois Workers' Compensation Commission w eb site. Of importance, if an attorney files a 19(b) Petition and the case is continued, the attorney will have to follow the Arbitrator to w hom the case is assigned. For example, if the c as e is assigned to Arbitrator Holland and the case needs to be continued for one month, the attorney w ill have to travel to Arbitrator Holland's venue for th e next month in order to try the case. To learn more about the revisions to the Act, we r ec o mmend that you attend the Winnebago County Bar As sociation's Workers' Compensation seminar that is scheduled to take place on June 8, F rancine White i s a sole practitioner. A graduate o f John Marshall Law School, she was admitted to the pra ctice of law in Illinois in James Gesmer is a partner in the Gesmer Law Offices. A graduate of Indiana University College of Law, he was admitted to the practice of law in Illinois in Thank you to Shauna Gustafson and Erin Hannigan for delivering Angel Tree Gifts in 2011!

16 CLASSIFIED Page 16 WCBA REPORTING Page 4 Office S pa ce Available. Great Location, across from Burpee Being treated unprofessionally? Museum, 1800 sq. ft.. Ideal for 2-4 law yers o r other professional business. unprofessional Nice size behavior? offices, large conference room separate break Se and venteenth BY copy KELLY room. Circuit NICHOLAS On/off Court street parking. Contact Rich or Luci New Butera law Pe (815) taking er Review effect Council January 1, 2012, creating the I llinois Residential Real Property Transfer on Death S t orage Garages Hon. Gerald Available F. Grubb Storage space for your vehicle, Instrument Act (the Act) (755 ILCS 27/1 et seq.) boat, camper Roberta or c lassic Holzwarth car Four garages available, each establishes a new and important estate planning tool. The $50.00 per month. Frank Close Martinez in. Call (815) Act allo w s Azhar owners Minhas of residential real estate to transfer Office property Space upon to Keith Rent their Morse Space deaths to to rent, a designated up to 4,200 beneficiary square feet; floor using plan a allows document Frank for configuration Perrecone know n as to suit a Transfer what you oneed n Death for your suite Contact Instrument and one to (TODI). accommodate of the above u p council to ten-plus members law yers. to report Includes 1,200 any conduct square "Residential foot believed meeting real area to estate" be availab includes le conflict for real larger with property office the use and Seventeenth improved /or subdivision. with Circuit 1 to Ample 4 Court s residential off-street Statement dw elling parking, of units, Professional w ithin units walking distance Aspirations. cooperatives, to Courthouse. Rec ports ondom Contact are inium con Donald units f id el. ntial! Shriver (together For at more with details, appurtenant please limited vis it common the Peer elements) Review and Council a single section Office Space for Rent Corner of Main & Mulberry. tract of on agricultural the 17 th Circuit s land consis website: ting of Approximately 8,000-10,000 square 40 feet. acres 8+ or offices less, w hich Favorab is le rent. improved Call w ith WCBA a single family BOOK residence. CLUB? Is The anyone instrument interested must contain participating the essential in a elements Book Office Club? and formalities Space My thought Available: of is a that recordable I have the group an doffice eed, would but space meet in available addition over the at to728 North signing Court before St. It a rents notary, for the $250 owner per month. must sign The before rent includes lunch hour at the Bar office. It w ould be an informal two all credible utilities, w off itnesses street parking an d have by the the entry same door, mental conference capacity room, book club which w ould meet at a regular time over the to DSL and w ireless connection. The tenants in the building, besides noon execute hour a each T O Dmonth I as is with required members to make bringing a wtheir ill, all own as myself, are two lawyers and a CPA. Call Ken Ritz at lunch. specifically The prescribed books for discussion by the Act. would The be TODI chosen must by state the Office members that the Space and transfer Professional would to be th e chosen Office beneficiary Space at least is for to twrent, o occur months Dow at the ntown in Rockford. advance ow ner's so death 5000 that and psq. articipants the ft, instrument $ would must plus have be utilities. time recorded to find Call before and Deb at (815) read the owner's the book. death The in members the office of could the Recorder prepare thof eir Deeds o w n Office questions in the Space: county or use in $8 which per the square internet the property foot ( oplus r is o ther located. utilities. places) Lowto er find level of all ques brick tions. building. A TODI, There Two would in proper blocks no limitation form, from properly Cherry on the Vale. exec type uted, Call of book, 815 and fiction, timely recorded, non-fiction, transfers best sellers, title to cthe lassics, subject paperback, property, hard but cover, the transfer nook, etc. is effective (Do you only believe at the that death a roomful of the of party lawwho yers Wanted: wexecuted ould have Look the trouble TODI. ing for conducting During a transactional the a owdiscussion?) ner's position. lifetime, Holly Willing a TODI has to do small agreed does amount not to affect let of u se the litigation the right Bar of work office the as owner for well. our to 7.5 meetings. sell years or encumber private If you firm experience. are the in property. terested, Excellent The references. Holly. beneficiary Call: Holly's (or a cred itor address of the is Office beneficiary) Space cbarockford.org. under 2000 the square TODI feet has At of some no space present point for Holly interest offices w ill in. give $9 the per square us property a s pecific f o owhile t. time Contact the owner of the Dan month is alive. Gilbert so if there is a noon or hour that does During not work his for gilbert.com. lifetime, you, let an her owner know. may There revoke will a TODI be no officers, by way of minutes, a written reports, instrument and no - which one is taking instrument attendance! must be For Lease: Impress your clients, friends and family. If recorded we have before enough the interest ow ner' our s dfirst eath - meeting that is wexecuted, ill be in Mag n ificent loft apartments and tow n homes available at September, witnes s ed and acknowledged Let her know in if the you same have manner a suggestion as the Garrison School, just south of St. Peter's Church. At 1105 N. for original the first TODI. book. Court Street, you are ju s t blocks from the River and a short Barbara Vella, Upon the ow ner's death, the beneficiary takes title drive or w alk to the Courthouse. See our website at s ubject to all liens and encumbrances affecting title at the garrisonlofts.com REAL or ESTATE call Kathleen CONTRACTS Kline at or time of the ow ner's death. T he Act provides that a The Real Estate Contract forms are now available beneficiary may disc laim all or part of the beneficiary's on the WCBA website. You will need to be a member of Le interest gal Services: under a TODI. the association and Evaluation, have a login analysis, to access and them. summarization If you do o f medical records. While the Very Act is experienced. important for Medical individ bu ackground. als and not know your login, pleas e c all Holly (815) or Com families p etitive w ho hourly want rate. to Quick transfer turnaround. their homes Call 815/ to specific her at cbarockford.org. Many thanks to beneficiaries w ithout the need for costly or complex estate Legal Keith Assista Hyzer n t. and Over Tom 30 Wartowsk years experience. i for wplaintiff's orking oncivil p lanning or probate proceedings, there are many poten tial wproviding ork, Wills, this Real additional Estate. benefit Available to our August members. 1, Call Robin pitfalls in the Act which could render the TODI void and Prentice, ineffective. For this reason this "tip" isn't meant to be at all comprehensive. I h ope we can explore the Act in much more detail in a RE Section CLE to be announced soon. Elegant office space available for 1 or 2 law yers and staff at 1707 DUES E. State STATEMENTS S tr eet, Rockford. Call Steve Zimmerman at HAVE BEEN MAILED Dues statements for have been mailed to "Tak ing Down the Shingle" S ale - Office furniture, all current members. Dues are payable by July 1 accessories and supplies for sale in c luding; 2 executive st. Help us hold down costs and pay with the first notice! If you did not desks, 2 secretarial stations, 2 credenzas, lightly-used receive a statement, please call th e bar office Konica Minolta copy machine w/many features + base Please fill our your committee preference sheet and storage unit, 7 letter-sized 5-draw er file c ab inets, 2 return it with your dues. letter-sized 2-draw er file cabinets, 2 legal-sized 5-draw er file cabinets, 4 office CLAMBAKE partitions, 2011 large UPDATES! conference table with 6 chairs, 6 client BACK chairs, BY POPULAR Toshiba DEMAND telephone system (6 phones), CLAMBAKE microw ave, GOES refrigerator, OLD SCHOOL vacuum AND cleaner, WILL 2 computers HOLD (1 CHOWDER HP, 1 Dell), 2 NIGHT printers, AT typew THE riter, POLISH brass coat rack, brass spittoon, FALCONS, various 126 office 15and th Avenue cleaning supplies. This list is WEDNESDAY, only a sample of JULY the many 27 TH treasures -5:30 p.m. available. Sale dates: Th u rsday, August 25, 11-5; Friday Kelly Nicholas Free drinks is an until owner the budget of Metro runs p oout! litan Title August 26, 9-3. One Court Place, Suite 101. Priced to Agency. Bring your A graduate cutting of boards Chicago and Kent knives College and help of Law, sell. No reaso nable offer refused. Ow ner: Nancy she make was chowder admitted for to the lunch practice at Clambake of law on in Friday. Illinois in Mindrup RESERVE YOUR (COOK YOUR OWN) Have you witnessed PRACTICE TIP-TRANSFER ON DEATH INSTRUMENTS Page 14 STEAK FOR FIREWATCH THURSDAY JULY 28TH $20.00 INCLUDES COMPLETE DINNER Coverage That s Right For You More than 150,000 attorneys trust CNA, the largest writer of Lawyers Professional Liability Insurance in the nation, for their coverage needs. Exclusively offered through Pearl in Illinois, our program provides you with one of the broadest, most reliable plans on the market today. One or more of the CNA companies provide the products and/or services described. The information is intended to present a general overview for illustrative purposes only. CNA is a service mark registered with the United States Patent and Trademark Office. Copyright 2010 CNA. All rights reserved. Pearl is the exclusive agent for CNA LPL in IL

17 From the Community Service Committee and Pete Alexander, Ham it Up Chairman for life, Thank you to our Ham it Up for the Holidays Contributors! Amanda Adams, John Boreen, Kim & Michael Casey, Mathew & Polly Cicero, Henry J. Close, Joseph & Diane Dailing, Gary Flanders, Rich Gaines, Paul Godlewski, Mary Gorman, Herb Green, Hampilos & Langley, LTD., Christine Hawley, Holmstrom & Kennedy, Hyzer, Hyzer & Jacobs, James Keeling, Thomas & Lesley Killoren, Lonnie & Colleen Lemek, Brendan & Pam Maher, Lee & Charlene Mayer, Lori & David McGirk, Monteleone Law Firm, Marcia Mueller, Oliver Nelson, Kelly Nicholas, Charles Prorok, Mike Raridon, Sherri Rudy, Pete Savitski, Mike Scheurich, Jeffrey & Nancy Schilling, Michael Shalbrack, Darlene Soderberg, Dave Taylor, Jay & Cathy Trost, Wendy Vaughn, Francine White, WilliamsMcCarthy LLP., Craig & Rose Willette, Kathryn Zenoff & James Zuba

18 CLASSIFIED SUPREME & APPELLATE COURT REVIEW Page 6 Page 16 inference THE OLD from that 80/20 proof. RULE Thus, the acquittal evidence The minor did not contest th e attempt robbery Page 9 Office S pa ce Available. Great Location, across from Burpee Office Space: $8 per square foot plus utilities. Low er PRESIDENT S w as admissible under the PAGE-JULY statute charge further, but, in the Supreme Court, c ontinued Page to1 Museum, 1800 sq. BY ft.. TOM LAUGHLIN Ideal for 2-4 law yers o r other The professional I don t Supreme business. remember WELL, Court Nice HERE where applied size WE offices, or ARE the when balancing large I first conference heard test to of room determine separate the 80/20 break rule, w hether and but BY stripped the copy Thomas trial room. to court its Laughin On/off simplest abused street form, its discretion parking. it says that in Contact barring Rich any or group the I th acquittal ought Luci Butera 20% of that evidence. (815) the reference members It found do to 80% wthat e of are the the prejudicial is work. m o r e appropriate impact Why should of nthan ot informing e one Winnebago to I the am. jury County The about Bar first the Association month defendant s in any be office Sacquittal different? t orage is often is Garages obvious a time Available and for that supposed a Storage full reflection context space was or for perhaps needed your vehicle, toa time boat, avoid for camper unfair Why great raise prejudice. or plans. c this lassic If now? you car. The expect Because barring Four either garages in of a of few the these available, months acquittal from each me, $50.00 evidence w ill your be per a new expectations wmonth. as fiscal n abuse Close and w ill organizational in. of be Call unmet. discretion (815) year because for our the beloved trial Office court s association Space ruling I think which was to of Rent the unreasonable means Winnebago Space that to under addition rent, County the up to facts Bar being 4,200 Association of asked the square case to feet; as floor and pay having was dues, plan not allows the 3 harmless. broad members for configuration areas will of be interest. asked to suit to what sign They you up need are: for any for 1) your continuing suite committees and The legal to and conviction accommodate educatio sections was n, in which 2) u reversed p community to they ten-plus and have service the lawan cause yers. interest. and was Includes 3) fun. 1,200 remanded That sign If, square during for up process a foot new the meeting next trial. is the 12 subject area months availab of the this le association article. for larger does office a use good and In re: /or job subdivision. Once Jonathan of providing upon a Ample time, C.B., Ill.2d ( high members quality off-street continuing where parking, N o. asked , education, w ithin to filed sign walking provides distance June up for 30, not to 2011) a Courthouse. more reasonable Appellate than 3 degree committees Contact Citation. of Donald 386 service and Ill. L. the App.3d Shriver across officers 735. at various would portions Opinion then fill of th by the e Justice committees community Thomas, from and finds among joined ways the by to wjj. promote illing. Garman, That the enjoyment Office Space for Rent Corner of Main & Mulberry. Karmeier, procedure and of w orked its Theis. members, relatively Chief I Justice will ell. consider Sometime Kilbride the dissents, in year the to last wbe 10- itha success. Approximately 8,000-10,000 square feet. 8+ offices Favorab le o20 p inion. years, Justice the organization Freeman came dissents, to believe with opinion. that there Justice should rent. Call Burke be no dissents The such association with numerical opinion. has srestrictions omewhere between on committee 550 and 600 Office membership Space In Champaign and Available: at any w e given have County, I time. have reached this an It is office minor, the longer point space th en that possible available 16, a wvery to asat 728 have charged North large any number Court wevent ith St. criminal of which It members rents sexual is attended for sign assault $250 up by per to and even be month. attempted a majority a large The robbery rent number of the includes members. all on of utilities, the commbas ittees off Tis hat street of and need late-night parking then not by be never events the a bad entry attend wthing. door, hich any conference occurred Active committee subgroups DSL Champaign m eetings and within wor ireless in in August the any connection. association wof ay contribute can The A delinquency tenants the to serve the the wpetition ork building, 3 areas o f wth of as besides e inroom, interest myself, filed, committee(s). and, in are win two ays bench I lawyers am which reminded proceed are and important a in CPA. of gs, high the Call school to minor each Ken students Ritz sub-group. w as at found w ho We Office gu strive ilty, don t to Space adjudicated have all have Professional the to most think delinquent, organizations Office act alike and Space to after committed have for their Rent, a reasonably names to Dowthe in ntown cohesive Rockford. Department their senior association. year of 5000 Juvenile book. sq. We ft, Justice can $ be f or mutually a plus term utilities. supportive. of 15 years Call or Deb at until (815) age 21. The appellate court affirmed. level of all An brick example building. of which Two I am blocks personally from Cherry aware Vale. is the challenge Call editorial What board. the finding then, One you as to might may criminal ask, think, is sexual the from appropriate assault, looking claiming role at th ofe the that members officers the sexual hip and r oster, directors activity that had of it the should been association. cbe onsensual. looking In large for He larger part, also I Office complained quarters believe Space that wthat their hich 2000 he role to square had meet. is been to feet make In shackled of reality, space possible the during for normal offices. for the e meeting general circuit $9 per membership scourt probably qu are proceedings foot. has to Contact 5 successfully or w ithout 6 Dan m embers any Gilbert support hearing attendance. the having interests been Of or held of those the as as to members, swhether ociation. only this (Hint: was two are gilbert.com. neces This relative sis ary, why new as required there comers is under to little the People board. or n o reflec For v. 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