EpilogueLionel Brazen, tireless foe of filing fee surchargesBy Stephen Anderson Ever a watchdog for protection of the principles and prerogatives of general practice, Lionel Brazen could rise to the level of attack dog when provoked by autocracy. His legend of vigilance against discriminatory surcharges on filing fees was hallowed in Crocker v. Finley, a 1984 Illinois Supreme Court opinion on a $5 fee in Cook County marriage dissolutions, purportedly to fund services for domestic violence victims. The finding in Crocker that “If the right to obtain justice freely is to be a meaningful guaranty, it must preclude the legislature from raising general revenue through charges assessed to those who would utilize our courts” is a fair epitaph for Mr. Brazen. An honored general practitioner and Laureate of the ISBA Academy of Illinois Lawyers, Lionel I. Brazen of Glenview died Nov. 25 at age 79. A 1950 graduate of the University of Illinois College of Law, he maintained an office in Skokie after more than a half-century in downtown Chicago. Another of Mr. Brazen’s court victories was Brazen v. Finley, a 1988 case that challenged a rule requiring a lawyer to sign an “Affidavit of Ethical Compliance” before filing a lawsuit in Cook County. Promulgated by the chief judge in 1967 to curb ambulance chasing and solicitation, the rule appeared to Mr. Brazen to be the equivalent of signing “a loyalty oath every time I file a case. It’s insulting, it’s demeaning and it’s absurd,” he said. His 10-year challenge was resolved in 1998 by the Appellate Court, which found that the requirement was beyond the circuit court’s rule-making authority and hindered access to adjudication of cases for lawyers’ clients. Coincidentally, 1988 also was the year that Mr. Brazen received his first major professional accolade: designation by the American Bar Association Section of General Practice as Sole Practitioner of the Year. He also received the ISBA General Practice Section Council’s Tradition of Excellence Award in 1995, and was honored as a Senior Counsellor in 2000. He was inducted in 2005 as a Laureate of the Academy of Illinois Lawyers. Editor of the ISBA General Practice Section newsletter for several years, Mr. Brazen chaired both the General Practice and Elder Law Section Councils. He was a member of the ISBA Board of Governors from 1989 to 1995. A Fellow of the Illinois Bar Foundation and a former board member, he was elected in 1982 as a Fellow of the American Academy of Matrimonial Lawyers. Mr. Brazen was a past president of the North Suburban Bar Association, and former counsel to the Midwest chapter of Sierra Club and the Midwest division of Friends of the Earth. Henry Hyde gave 40 years of service to state, nationThe four-decade public service career of Henry John Hyde (right) was recognized by President George W. Bush on Nov. 5, less than four weeks before his death on Nov. 29 at age 83. The retired congressman had been in failing health since heart surgery in July. The Presidential Medal of Freedom that was accepted by his son, Robert Hyde, recalled Henry Hyde as “an unwavering voice for liberty, democracy and free enterprise around the world”. The suburban Chicago lawyer, a 1949 graduate of the Loyola University School of Law, had served in the Navy during World War II, seeing combat in the Philippines, and left the active reserves in 1968 with the rank of commander. Mr. Hyde served in the Illinois House of Representatives from 1967 until 1974 and was House majority leader in 1971-72. Elected to Congress in 1974, he retired in January after 16 terms. He was ranking Republican on the House Select Committee on Intelligence from 1985 to 1991, chair of the Judiciary Committee from 1995 to 2001, and chair of the International Relations Committee during the past six years. Mr. Hyde drew criticism for his role in the attempted impeachment of President Clinton and for an amendment that prohibited federal funding for abortions. But at his death, a Chicago Tribune editorial observed: “Henry Hyde was not perfect. He was principled. Illinois has lost one of its great leaders.” Darius Phebus: Pillar of BarUrbana attorney Darius Edward Phebus, who was honored as a Pillar of the Bar in June 2006 by the Illinois Bar Foundation and Champaign County Bar Association, died Nov. 12 at age 97 in his Champaign home. A University of Illinois graduate, Mr. Phebus worked for room and board while a student by waiting tables in a sorority and cleaning a tavern. During law school he was a university fireman. After admission to the Illinois bar in 1937, he practiced with Green & Palmer, which became Phebus, Winkelman, Wong & Bramfeld and now is Phebus & Koester. He retired in 1998. Mr. Phebus served in the Army Field Artillery as a forward observer during World War II. He crossed the Rhine River into Germany and helped defend the Remagen Bridge, retiring in 1945 as a captain. From 1969 until 1998, he was attorney for the Urbana Park District, which named its headquarters the Darius E. Phebus Administration Building in his honor. He also was attorney for the Sidney Volunteer Fire Department and the Sidney Sanitary Association. Survivors include a son, Joseph William Phebus, who is a partner in the law firm. Joseph BarrRetired 3rd Circuit judge Joseph James Barr died Nov. 10 at age 88. A 1942 graduate of the University of Notre Dame Law School, his later admission to the Illinois bar in 1946 was due to military service. Mr. Barr served in the Marine Corps in the Pacific, landing on the islands of Saipan, Tinian and Tarawa, where he wounded. He received the Navy Cross and the Purple Heart. During his early practice, he was attorney for the City of Wood River, the Village of Roxana and the Roxana Park District. He was elected Madison County probate judge in 1950 and to the circuit court in 1957. Mr. Barr retired from the bench in 1982 after service as chief judge and was associated with the Wood River firm of Holland & Sweet. Survivors include a son, Wood River attorney James P. Barr. Robert BoyleChicago attorney Robert Donald Boyle, who for the past five years was a special prosecutor in allegations of police torture, died Nov. 30 at age 71 after a heart attack in his Lincolnwood home. A 1962 graduate of the Loyola University School of Law, Mr. Boyle became an assistant Cook County state’s attorney and was promoted to chief of the Criminal Division in 1969. The next year, he started private practice in criminal law, and later in corporate work, as a partner in Murphy & Boyle. Howard BroeckerRetired Geneva attorney Howard William Broecker died Nov. 3 at age 67 of cancer in his Bridgman, Mich., home. He had been a partner in Johnson, Westra, Broecker, Whittaker & Newitt until early this year. A 1966 graduate of the Chicago-Kent College of Law and past president of its alumni association, Mr. Broecker first practiced with Ehrlich, Bundesen, Friedman & Ross in Chicago. He was a Fellow of the American Academy of Matrimonial Lawyers and former vice president of its Illinois chapter. A U.S. board member and counsel to Daystar University in Kenya, Mr. Broecker helped build a school in Mali. He served on the board of the Sunnyside Children’s Home in Wheaton. Charles BrookeRetired Davenport, Iowa, mayor and attorney Charles W. Brooke died Oct. 20 at age 64 in a Bettendorf hospice after six years of treatment for cancer. A 1968 graduate of the University of Iowa Law School, he was admitted to the Illinois bar in 1979. Joan CherryChicago attorney Joan Tess Cherry died Nov. 1 at age 54. She was a 1978 graduate of the Northwestern University School of Law. Ms. Cherry practiced with the Illinois Inspector General’s Bureau of Administrative Litigation at the Department of Healthcare and Family Services. Robert ColeRetired Decatur attorney Robert Lewis Cole died April 30 at age 77. A 1953 graduate of the University of Illinois College of Law, he had been a partner in Walden, Cole, Ohlsen & Coryell. Mr. Cole served two terms on the Decatur Park Board and was its president in 1979 and president of the Illinois Association of Park Districts in 1981. He was treasurer of the Decatur Audubon Society for several years. Terence CraigRetired California attorney Terence George Craig, formerly of Hoffman Estates, died Oct. 5 at age 61 in Laguna Hills. A 1979 graduate of the University of California-Berkeley Law School, he was admitted to the Illinois bar in 1987. Mr. Craig served in the Army from 1969 to 1975 after graduating from the U.S. Military Academy and was a veteran of the Vietnam War. John DuaxChicago corporate attorney John Thomas Duax of Robbins, Salomon & Patt died Nov. 3 at age 61. He was a 1971 graduate of the University of Chicago Law School. Allyn FrankeRetired Chicago attorney Allyn Joseph Franke, a 1942 graduate of the University of Chicago Law School, died Nov. 11 at age 88 in his Deerfield home. Formerly with Hinshaw & Culbertson, Mr. Franke argued a 1948 case in the Illinois Supreme Court that established state authority over a proliferation of small school districts and led to hundreds of consolidations. Emmett GalvinChicago attorney Emmett J. Galvin of Seyring, Watson & Galvin died Oct. 26 at age 90. A 1947 graduate of the DePaul University College of Law, he was a veteran of military service during World War II. Reynaldo GloverChicago attorney Reynaldo P. Glover, former president of TLC Beatrice International Holdings, died Nov. 27 at age 64 of pancreatic cancer in his Bronzeville home. He was of counsel to DLA Piper. A graduate of Harvard Law School, Mr. Glover became national executive director of the Law Students Civil Rights Research Council in New York. Admitted to the Illinois bar in 1971, he practiced with Jenner & Block and Isham, Lincoln & Beale. Chair of City Colleges of Chicago from 1988 to 1991, he was elected chair of the Fisk University board of trustees in 2003. Victor GouldingRetired Chicago attorney Victor H. Goulding died Nov. 6 at age 93 in Fort Myers, Fla., where he had lived for the past 13 years. A graduate of the Wayne State University Law School (now Michigan State), he was admitted to the Illinois bar in 1945. Mr. Goulding was an Army lieutenant in New Guinea during World War II. He received the Asiatic Pacific Campaign Medal, a Department of Defense Distinguished Service Medal, and two battle stars. Robert HoganNorthbrook attorney Robert Vincent Hogan died Nov. 30 at age 90. A 1947 graduate of the DePaul University College of Law, he served in the Army during World War II and fought in the Battle of the Bulge. Erwin JentschRetired municipal attorney Erwin William Jentsch, formerly of Elgin, died Nov. 4 at age 72 in his Surprise, Ariz., home. He was a 1964 graduate of the DePaul University College of Law. Mr. Jentsch was legal counsel to the City of Elgin from 1973 until his retirement in 1998. He also was former city attorney for Wheaton, assistant corporation counsel for Evanston, and a prosecutor for Schaumburg and Wilmette. Julian JohnsonRetired Waukegan attorney Julian Johnson, a former member of the ISBA Board of Governors and Assembly, died in November at age 87. He was a 1950 graduate of the University of Illinois College of Law. During his board service from 1971 to 1977, Mr. Johnson was ISBA treasurer in 1976-77, and he served on the Assembly until 1998. He was a LAWPAC trustee from 1979 to 1984 and treasurer for four years. A member of the Committee on New Members from 1956 to 1965, Mr. Johnson was its chair from 1962 to 1964. He chaired the Committee on Individual Awards of Merit in 1973-74. He was a member in 1988-89 of the Task Force on Professional Liability Insurance during formation of the state bar association’s captive malpractice coverage company, now ISBA Mutual Insurance Co. James KellySpringfield attorney James Dolan Kelly of Presney, Kelly & Presney died Nov. 7 at age 60 in Memorial Medical Center. He was a 1972 graduate of the University of Illinois College of Law. George LaChariteRetired Pana attorney George J. LaCharite, a resident of Assumption, died Oct. 16 at age 93. A 1946 graduate of the Lincoln College of Law, he served in the Army in Europe during World War II. Mr. LaCharite practiced with State Sen. John Fribley and his son, Joseph Fribley for 23 years, and later was a partner with David Slater. He and Sen. Fribley helped organize the Peoples Bank and Trust of Pana. Mr. LaCharite was Assumption city attorney, a master in chancery in Christian County and an assistant attorney general for three counties. Thomas McClellanArlington Heights attorney Thomas E. McClellan died Nov. 23 at age 61 in St. Alexius Medical Center, Hoffman Estates, after a heart attack in his Streamwood home. A 1979 graduate of the Chicago-Kent College of Law who has a master’s degree in experimental psychology, he had practiced in residential real estate with Drost, Kivlahan, McMahon & O’Connor since 1989. Douglas MitchellRetired Chicago banking attorney Douglas Farrell Mitchell died Aug. 2 at age 66 in the Hospice of the Florida Sun-coast of multiple brain tumors. He was a resident of Palm Harbor. A 1969 graduate of the DePaul University College of Law, Mr. Mitchell was with the Northern Trust Bank for 31 years, retiring as senior vice president. Lloyd MonsonArizona attorney Lloyd E. Monson, formerly of Chicago, died Oct. 19 at age 84 in Flagstaff. A 1959 graduate of the University of Missouri Law School, he joined the law department of Standard Oil of Indiana after a year in private practice. Mr. Monson was transferred to the firm’s Chicago headquarters in 1954 and was admitted to the Illinois bar in 1956. He retired in 1987 as general attorney in tort litigation for the Amoco Corp. in North America. Later as managing legal consultant for the Imperial Casualty and Indemnity Co., he moved to North Carolina and to Tucson, where he served two terms as a judge pro tem. He was former vice president of the International Association of Defense Counsel. Peter MonzuresRetired Arizona attorney Peter Louis Monzures, formerly of Chicago, died Nov. 20 at age 61 of cancer. He was a 1972 graduate of the University of Denver Law School. Mr. Monzures helped establish a trust department at the Bank of Ravenswood, and later was with the Zion Bank. In Arizona, he was in trust departments of First Interstate, Harris Trust, Merrill Lynch, and Marshall & Isley. For the past five years, Mr. Monzures was a wealth advisor for The Planning Group in Scottsdale and a financial health advisory board member of the Scottsdale Healthcare Foundation. He was a past president of the Central Arizona Estate Planners Association. H. Edward NevilleRetired East St. Louis attorney Hugh Edward Neville Jr. died Oct. 29 at age 87 at Sunrise Assisted Living in Chesterfield. A 1950 graduate of the St. Louis University Law School, he served in the Army Air Corps as a bomber pilot during World War II. A lawyer for 35 years, although not registered to practice, Mr. Neville also owned and managed real estate. Sylvester PetroRetired attorney and educator Sylvester Joseph Petro, a 1945 graduate of the University of Chicago Law School, died Nov. 10 at age 90 in Roswell, Ga. Mr. Petro taught labor law at the New York University Law School from 1950 to 1972, then taught at the Wake Forest University Law School until the early 1990s. He continued as director of the Wake Forest Institute of Law and Policy Analysis until 2004. Mr. Petro was the author of “The Labor Policy of the Free Society,” “The Kohler Strike,” and “The Kingsport Press Strike.” Joseph SandersChicago attorney Joseph H. Sanders died in November at age 86. A 1950 graduate of The John Marshall Law School, he served in the Pacific during World War II. William SchooleyGranite City attorney William Wallace Schooley Jr., a past president of the Madison County Bar Association, died Nov. 12 at age 78. He was a 1961 graduate of the St. Louis University Law School. Survivors include a son, William W. Schooley III of Franks, Gerkin & McKenna, Marengo. Joseph SingerRetired Frankfort attorney Joseph Harold Singer died in November at age 74. He was a 1959 graduate of the Chicago-Kent College of Law. Jerry StaffordRetired Peoria attorney Jerry Thomas Stafford died Nov. 6 at age 68 in his Elmwood residence. A member of Phi Beta Kappa, he was a 1963 graduate of the Yale University Law School. David StanleyRetired Carmi attorney David L. Stanley died Oct. 16 at age 74 in the Wabash Christian Retirement Center. He was a 1957 graduate of the Vanderbilt University Law School. Survivors include two sons: John D. Stanley of the Stanley Law Office and 2nd Circuit Associate Judge Mark R. Stanley. Edward StanulaCrown Point, Ind., attorney Edward F. Stanula, formerly of South Holland, died Nov. 8 at age 72. He was a 1966 graduate of The John Marshall Law School. Mr. Stanula was a past chair of the ISBA Public Utilities and Transportation Law Section Council. He also served on the Elder Law, Real Estate Law, and Business Advice and Financial Planning Section Councils, and the Committee on Membership and Bar Activities. Robert WillWaukegan attorney Robert Paul Will Jr. died Nov. 10 at age 69 of leukemia in Northwestern Memorial Hospital, Chicago. He was a 1962 graduate of the University of Illinois College of Law. In addition to his 45-year practice in Lake County, Mr. Will served as chief public defender from 1968 to 1972. He lectured on criminal law at the College of Lake County. For 15 years, he was a law partner of Thomas A. Briscoe, a former assistant state’s attorney against whom he had tried cases. Sherwin WinerSherwin Miles “Sherry” Winer, a partner in the Chicago firm of Winer & Winer, died in November at age 72. He was a 1960 graduate of the Northwestern University School of Law. Survivors include his sister, attorney Barbara S. Winer, and brother-in-law, Donald T. Rubin of Rubin & Norris, Chicago. Bertram WolfHighland Park tax attorney Bertram J. Wolf, a Cook County arbitrator, died in October at age 83. A 1956 graduate of the DePaul University College of Law, he served in the Army during World War II and received a Bronze Star with oak leaf cluster. Mr. Wolf had a master’s degree in business administration from the University of Chicago and was a certified public accountant. He was a founding board member of the Albert Einstein Peace Prize Foundation and past president of Congregation Solel.
|