ISBA group to give help to military
Judge Ronald D. Spears of Taylorville, a member of the ISBA Board of Governors, is chair of a new ISBA Committee on Military Affairs that is composed primarily of retired and reserve military legal officers.
The committee will mobilize resources of the organized bar to provide legal help for members of the Illinois National Guard and military reserve units who are called to active duty, and their families.
ISBA President Tim Eaton, who appointed the committee, said "it is important that our service people, who are being asked to make personal sacrifices on behalf of their country, know their legal rights and have access to all the legal help they need in order to receive protection under the law.
"They must be able to focus on their missions and not be distracted by unmet legal needs back home," Eaton added. Issues include employment status, credit obligations, taxes and other financial matters.
In addition to Spears, who is a judge advocate general in the Illinois National Guard, the committee includes:
William D. Brejcha and M. Lee Witte of Chicago, William L. Enyart and Daniel J. Grueninger of Belleville, Thomas R. Lamont and A. Mark Rabin of Springfield, William W. Austin of Effingham and Pearson C. J. Bush of East St. Louis.
Also Joseph M. Claps of River Forest, Stephen J. Connolly of Clarendon Hills, John E. Evans of Hillsboro, Susan O'Neal Johnson of Peoria, Matthew A. Hutmacher of Quincy, Ronald C. Riley of Olympia Fields and Alexander P. White of DesPlaines.
They will work with in tandem with military attorneys and cooperatively with others in the organized bar, Eaton said. "Many of the laws that exist to protect members of the military and their families don't automatically apply and must be requested directly or in court."
The ISBA has distributed a new publication, "Called to Duty," through the National Guard, reserve units and the American Red Cross. It contains information about state and federal laws that protect service people from financial hardship.
ISBA Assembly member Thomas J. Dart of Chicago, an Illinois legislator since 1992, announced last month that he intends to seek election as state treasurer next year.
A 1987 graduate of the Loyola University School of Law, Dart chairs the House Judiciary Committee and is co-chair of the ISBA Special Committee on the Future of the Courts Conference.
Endorsed by the Democratic County Chairmen's Association and slated by the Democratic Party, Dart has enlisted ISBA past president Herb Franks of Marengo as his campaign finance chair.
Mattoon attorney Jack E. Horsley plans to conduct a Military Justice Seminar on Friday, Dec. 14, at the University of Illinois, primarily for some of the estimated 1,000 Illinois lawyers who served in legal departments of the armed forces during World War II.
Information will be provided on the differences between the prior Manual for Courts Martial and the present Uniform Code of Military Justice that superseded it and is generally in line with civil court procedures.
A retired Army Judge Advocate General Department colonel, Horsley also hopes the gathering will be an opportunity for camaraderie and unity among veteran lawyers who served the country six decades ago. Call him at (217) 235-5954.
Bar groups slate events for holidays
Special events being planned this month by bar associations and related organizations include the following:
DECEMBER 2 (Sunday, 5:30 p.m.) OAK BROOK West Suburban Bar Assn. holiday reception and buffet dinner; The Clubhouse Boardroom at Oak Brook Center.
DECEMBER 3 (Monday, 6 p.m.) OAK BROOK DuPage Assn. of Women Lawyers holiday reception, dinner and surprises; Maggiano's Little Italy.
DECEMBER 4 (Tuesday, 6 p.m.) ROCK ISLAND Rock Island County Bar Assn. and Auxiliary holiday reception and dinner; Arsenal Golf Club.
DECEMBER 49 (Tuesday-Sunday) CHICAGO Chicago Bar Assn. 78th annual Christmas Spirits show, "The Document Producers"; Merle Reskin Theatre; 8 p.m. Tues.Sat., 7 p.m. Sun.
DECEMBER 5 (Wednesday, 4-8 p.m.) GENEVA Kane County Bar Assn. holiday party and toy collection; Mallard Room, Mill Race Inn.
DECEMBER 5 (Wednesday, 5-8 p.m.) ARLINGTON HEIGHTS Northwest Suburban Bar Assn./3rd Municipal District holiday party; Metropolis Ballroom.
DECEMBER 6 (Thursday, 4:30-7:30 p.m.) DECATUR Decatur Bar Assn. holiday party; Moore, Susler, McNutt, Wrigley & Root.
DECEMBER 6 (Thursday, 6 p.m.) CHICAGO Workers' Compensation Lawyers Assn. holiday party; Navy Pier.
DECEMBER 6 (Thursday, 6-8 p.m.) CHICAGO CBA Young Lawyers Section holiday party; Soprano's Italian Restaurant.
DECEMBER 6 (Thursday, 6:30-11 p.m.) CHICAGO Attorneys' Title Guaranty Fund shareholders holiday reception and entertainment; Grand Ballroom, Navy Pier.
DECEMBER 7 (Friday, 3-5:30 p.m.) LOMBARD DuPage County Bar Assn. holiday reception; The Carlisle.
DECEMBER 7 (Friday) FLOSSMOOR South Suburban Bar Assn. holiday dinner dance and installation officers; Flossmoor Country Club.
DECEMBER 8 (Saturday, 10 a.m.-1 p.m.) CHICAGO Chicago Bar Assn. Young Lawyers Section holiday party for wards of the Cook County Juvenile Division.
DECEMBER 8 (Saturday, 6 p.m.) CHICAGO Lawyers' Assistance Program benefit pre-theater dinner at Union League Club and 8 p.m. Christmas Spirits performance at Merle Reskin Theater.
DECEMBER 11 (Tuesday) CHICAGO CBA Young Lawyers Section holiday blood drive.
DECEMBER 11 (Tuesday, 5:30 p.m.) COLLINSVILLE St. Clair County Legal Professionals holiday reception, dinner and entertainment.meeting; ISBA office.
DECEMBER 12 (Wednesday) CHICAGO Federal Bar Assn., Chicago chapter holiday party.
DECEMBER 12 (Wednesday) CHICAGO Women's Bar Assn./CBA Alliance for Women holiday party.
DECEMBER 13 (Thursday, 12 noon) CHICAGO Decalogue Society 5th annual Chanukah Party, luncheon and collection of gifts for Jewish Children's Bureau; 39 S. LaSalle.
DECEMBER 13 (Thursday, 5-9 p.m.) JOLIET Will County Bar Assn. holiday party and music by Delightful; Barolo Restaurant.
DECEMBER 13 (Thursday, 5 p.m.) PEORIA Peoria County Bar Assn. Christmas reception, prime rib dinner and entertainment by the Prime Ribbers; Hotel Pere Marquette.
DECEMBER 13 (Thursday, 6 p.m.) CHICAGO Chicago Volunteer Legal Services Foundation holiday open house; 100 N. LaSalle.
DECEMBER 20 (Thursday, 5:30 p.m.) CHAMPAIGN Champaign County bar Assn. holiday reception and dinner dance; Champaign County Club.
DECEMBER 21 (Friday, 7:30 p.m.) CHICAGO Advocates Society holiday party; Copernicus Foundation.
By Jim Covington
Director of Legislative Affairs
Attorney General Ryan's anti-terrorism bill was the subject of much of the General Assembly's attention in the first of two weeks of veto session. Although the bill continues to change, a general summary is below. For the most recent version, please go to http://www. legis.state.il.us and find House Bill 2299 as amended.
Charities. Amends the Solicitation of Charity Act and the Charitable Trust Act to give the Attorney General a number of powers against any person or organization registered under these Acts who directly or indirectly acts to further or use charitable assets to conduct or further any action that will be prohibited under the new crime of terrorism in Article 29D. It allows the Attorney General to file an ex parte action on a showing of "reasonable suspicion" to seize a charity's books, records, or assets.
Death Penalty. It adds the 21st eligibility criteria for the death penalty if the murder was committed "in connection with or as a result of" a violation of the Section 29D-terrorism section.
Eavesdropping. Makes it an exception to the prohibition against eavesdropping if law enforcement officers or their agents are investigating a violation of the Section 29D-terrorism section. Current law allows an exemption for a forcible felony or drug crime only if a law enforcement officer or informant is in danger. This new provision is to sunset on Jan. 1, 2005. It also amends the entire eavesdropping statute to change the definition from "wire or oral communication" to "private communication." It also creates a definition of "electronic communication" to include computer communications such as email. It also adds terrorism to the list of crimes for which eavesdropping may be used. This new provision is to sunset on Jan. 1, 2005. It also authorizes the use of "roving wiretaps" for terrorism offenses.
Money Laundering. Creates two new crimes of money laundering that are broadly written.
Terrorism. The current statute on terrorism, Article 29C, is repealed and replaced with Article 29D. "Terrorist" and "terrorist organization" means any person who engages or is about to engage in a terrorist act with the intent to intimidate or coerce a significant portion of a civilian population. "Terrorist act" prohibits seven different acts of terrorism that could be inflicted on Americans, such as bodily injury or disabling or destroying the usefulness or operation of any communication system.
Asset Freeze, Seizure, and Forfeiture. Authorizes the Attorney General or any state's attorney to file an ex parte application requesting the freezing or seizure against property on the basis of probable cause that any person used, is using, is about to use, or is intending to use property for a terrorist act. The person whose assets have been frozen or seized may file a motion to release the assets within 30 days. The burden of proof is on the State under the preponderance of evidence standard.
Oral Search Warrants. Allows for the issuance of search warrants upon oral testimony if terrorism is the crime. It also precludes a motion to suppress absent a finding of bad faith. Therefore, evidence obtained under an oral search warrant is not subject to suppress on the ground that the circumstances were not such as to make it reasonable to dispense with a written affidavit. This new provision is to sunset on Jan. 1, 2005.
Statewide Grand Jury. The use of a statewide grand jury is authorized for the crime of terrorism.
Stephen Anderson
Editor
A long, long while
". . .From May to December, But the days grow short, When you reach September. . ." It's been 63 years since Walter Huston stood on a Broadway stage in "Knickerbocker Holiday" to make a classic out of Maxwell Anderson's words in "September Song."
The lyric was an older man's perspective on young men courting in the spring of life, but the words seem poignant with irony this year. Our millennial days of song and rhyme did grow short as we reached September, and it has taken a long, long while to reach December.
Our church conducts a Totenfest service each year at the end of November a German Evangelical Lutheran tradition of remembrance that continues for this diverse United Church of Christ congregation. The memory of five departed parishioners was observed on Nov. 25.
A friend or relative brought a rose to the vase in front of the altar after each name was read and a single chime echoed. Then a sixth rose was offered for victims of the Sept. 11 inhumations in New York City and Washington, D.C.
Thoughts of this tragedy, and the interminable recovery project at the World Trade Center site, led inexorably to the outpouring of assistance. Teams of volunteers join city crews in this melancholy labor, while the inflow of financial support from around the world mounts.
This train of thought then switched tracks to Illinois, along with the reality that as the days since September have dwindled down, so in all likelihood has the response of good people to the great charities that are so dependent as we reach December.
This is the month when we determine how much year is left at the end of our money, and whether any fraction of a tithe remains for the organizations that spread our good will among the nameless and faceless who need it most. We may have to dig a little deeper this year.
As you pencil out your working list of allocations, please don't overlook the Illinois Bar Foundation. No doubt you have your favorite philanthropies, but support for this charity of Illinois lawyers should be among them.
It has always seemed strange to this layman that attorneys don't have the Bar Foundation at the tops of those annual lists. True, the aggregate endowment is near $2.5 million, which provides about $300,000 each year in grants, but it has taken a half-century to get this far.
Back in 1951, when ISBA president Joseph Hinshaw established the Illinois Bar Foundation as a highlight of the ISBA's 75th anniversary commemoration, peace talks were starting in Korea and the United Nations was moving into its New York skyscraper.
Coast-to-coast, direct-dial telephone service began, and the first hour-long color television special was broadcast. The ponderous UNIVAC became our first commercial electronic computer, and electricity was first generated by nuclear reactor.
Among achievements of 1951 were a heart-lung machine, a birth control pill, Lamaze childbirth, power steering, 33-rpm phonograph records, the Weber grill, liquid paper correction fluid, cyclamate sweeteners, and application of the term "rock and roll" to popular music.
This society has come a long way in 50 years, but the marvels of science and technology for those who can afford them will always outpace the needs of those who can't. Large foundations attract big bucks, but regional charities struggle along with small change.
Leadership in the legal community has seen to it that the conduits are in place for improvements in the administration of justice and access to it.
We can point with pride to the Lawyers' Assistance Program, the Lawyers Trust Fund of Illinois, Prairie State Legal Services, Land of Lincoln Legal Assistance Foundation, and countless smaller regional pro bono programs, hotlines and neighborhood legal aid networks.