Information about the ISBA Law Student Clerkship Networking Program is now accessible on the state bar association web site, www.isba.org. ISBA members and firms that need clerking services may obtain listings for review in the 13 affiliated law schools.
For additional information, call Teri Litwiller at the Illinois Bar Center, (800) 252-8908.
The recent decision of the Kansas Board of Education to remove evolution from its standard science curriculum reflects the continuing relevance of the historic Scopes "monkey trial" that is included in the American Bar Association Museum of Law.
Like many of the famous cases of the 1900s on exhibit in the museum at 750 N. Lake Shore Drive, Chicago, the 1925 trial of Tennessee high school John Scopes for teaching evolution influences current discussions about the law.
Landmark exhibits in "Famous Trials in American History: Cases That Shaped and Shocked the Nation" include the 1735 libel trial of John Peter Zenger and John Quincy Adams' argument in the Amistad case before the U.S. Supreme Court. Others are Marbury v. Madison, U.S. v. Nixon and Brown v. Board of Education.
Sensational trials featured at the museum are the Scopes case, the 1935 Lindbergh baby kidnapping and murder case, the Lizzie Borden murders, the O. J. Simpson murder trial and the Oklahoma City bombing.
Group studies legal issues facing American Indians
Samuel D. Brooks, an assistant U.S. attorney in Chicago, is involved in forming an organization of attorneys to educate the public about legal issues facing American Indians and to improve the administration of justice for them in the Midwest.
"I am involved with a group of native and non-native American lawyers with an interest in legal issues facing native Americans," Brooks said, "and am trying to get the word out" to other interested attorneys.
Brooks has Indian roots. His father was a full-blooded Lumbee, a South Carolina tribe believed to have integrated with residents of the lost colony of Roanoke. "Brooks" is an original colony surname, he said.
Brooks credits Holly Kuschell Haworth, a recent graduate of the DePaul University College of Law with American Indian heritage, as a leader in formation of the new group. She has been involved with a foster parents' organization for native children.
Among the local organization's goals is gaining support from the nationwide Native American Bar Association for development of a much-needed Midwest Indian Law Center.
To become associated or to obtain more information, call Yvonne at (312) 347-7600.
A seminar covering "Ten Years of Freedom: The Rule of Law and the Free Market Economy in Poland" will be presented from 8:30 a.m. to 4 p.m. Friday, February 18, at the Chicago-Kent College of Law.
Scheduled speakers include Judge Teresa Romer of the Polish Supreme Court and Hanna Suchocka, minister of justice. Program coordinator is Associate Prof. Richard Warner, director of Project Poland at the law school.
Registration includes luncheon. For more information, call Warner at (312) 906-5340 or Jennifer Tryzna Ellis at (312) 906-5114.
By James R. Covington III
Director of Legislative Affairs
The General Assembly is beginning committee hearings as bills are slowly being released from the two Rules Committees. This is a sampling of what is going on in Springfield.
Sexually Violent Persons Act. Cook County and Lake County are leading the effort by the counties to require the State Guardianship and Advocacy Commission to assume the costs of court-appointed counsel or provide in-house counsel to represent alleged sexually violent persons in commitment petitions or discharge petitions. House Bill 3111 (Durkin, R-Westchester) has been referred to House Judiciary II Committee for a hearing.
No Blow, No Supervision. House Bill 3292 (Hultgren, R-Wheaton) provides that if a person, at the time of arrest, refused to submit to a chemical test or tests of blood, breath, or urine to determine the content of alcohol, other drugs, or intoxicating compounds in his or her blood, the person may not receive court supervision for DUI or related offenses. It has been referred to House Judiciary II Committee for a hearing.
Bank Director Immunity. House Bill 3405 (Persico, R-Glen Ellyn; Hassert, R-Romeoville) immunizes bank directors for alleged failure to perform their obligations as directors if they relied in good faith on the advice, information, or opinions of bank officers, professional advisors, or other bank committees. It has been referred to House Judiciary I Committee for a hearing.
Freedom of Information Act. House Bill 3469 (Rutherford, R-Pontiac) is Attorney General Jim Ryan's proposed changes to the Freedom of Information Act. This bill was prompted by last summer's investigation by the Illinois Press Association. It permits a person who has been denied access to inspect or copy a public record by the head of a public body to request a review of the denial by either the Attorney General or a state's attorney. It also authorizes the Attorney General or state's attorney to seek declaratory or injunctive relief against the public body that fails to disclose records in response to the determination that its denial was unlawful. It makes a number of other changes as well. It has been referred to House Rules Committee.
New Fee for Administrative Review. Senate Bill 1442 (Cullerton, D-Chicago) amends the Clerks of Courts Act to provide that the fee for administrative review of a non-moving traffic violation or of the immobilization and impoundment of a vehicle is $25. It has been referred to Senate Rules Committee.
Recording of Title. Senate Bill 1521 (Myers, R-Danville) amends the Conveyances Act. It requires recording of certain interests affecting title to property for them to take effect and have force of law. The instruments include deeds, mortgages, assignments, mortgage releases, mortgage modifications, land equity loans, liens, lis pendens, memoranda of judgment, and other instruments that affect interests in real property. Under current law they are effective as to creditors and subsequent purchasers only after being recorded. This bill would be effective immediately. It has been referred to Senate Rules Committee.
Class Action Changes. Senate Bill 1436 (Dillard, R-Downers Grove) provides that if (1) a claimant seeks recovery of damages on behalf of a class of claimants; and (2) the interpretation, application, or violation of a State agency rule is involved for at least one defendant, the court must dismiss the action with one exception. The exception is if the court determines that (1) the interpretation, application, or violation of a State agency rule involves only questions of law; and (2) the State agency may not make any findings of fact or conclusions of law or issue any orders that would aid the court in resolving the action. It has been referred to Senate Rules Committee.
Stephen Anderson
Editor
Brady, in bunches
Among the current rash of studies in progress in re: the matter of death penalty anomalies the work that seems furthest along at this point, and most likely to make significant impact, is the one that started where the buck stops.
The august Special Supreme Court Committee on Capital Cases, composed of 17 judges, has developed a book of rules it hopes will enhance the bag of tools available to prosecutors and defense counsel in trials where lethal injection may be the remedy of the people.
During hearings last month, one could feel the cleats digging into the turf. Testifiers for the defense bar were properly assertive; those for the prosecution were respectfully defensive. Intermediaries, such as the Illinois State Bar, were circumspect with praise, but grudging caution, for the committee's work.
The judges listened, and smiled, perhaps more secure in pride of authorship than sensitive to criticism. This is not a plebiscite. The committee will decide whether prosecutors are required to study for the death penalty trial bar, and how quickly the prosecution must reveal its intent to seek capital punishment.
One focal point that has become a flash point is a proposed seven-word addition to paragraph (c) of Rule 412: . . .the state shall disclose to