join the wcba for the president’s ball march 3, 2017 january february.pdf · january / february...
TRANSCRIPT
http://www.wcbarockford.org
Aug
ust 2
011
Vol
ume
DXC
IX N
umbe
r 8
The Magazine of the Winnebago County Bar Association
Janu
ary
/ Feb
ruar
y 20
17 V
olum
e D
CIV
Num
ber 1
Join the WCBA for thePresident’s BallMarch 3, 2017
http://www.wcbarockford.org
The Magazine of the Winnebago County Bar Association
FOR LEASE3,000 Square Foot Office Space
Will Remodel to SuitParking for 16 Vehicles - 8 Inside - 8 Outside
Contact John at 815.965.1713116 N. Winnebago St.
Winnebago County Justice Center
Winnebago County Court House
PARK INSIDE - WALK TO COURT750-2,500 Square Foot Office Space
Will Divide & Remodel to SuitParking for 16 Vehicles - 8 Inside - 8 Outside
Contact John at 815.965.1713116 N. Winnebago St.
Winnebago County Justice Center
Winnebago County Court House
PARK INSIDE - WALK TO COURT
PRESIDENT’S PAGE Page 1
Join me, as President, and the WCBA for the President’s Ball 2017!Aka “Law Prom”
Friday, March 3, 2017Forest Hills Country Club
6:00 p.m. Social Hour7:00 p.m. Dinner Dinner Choices:
Petite Filet Mignon, Flame broiled with burgundy mushroom saute
OrBreast of Chicken Marsala
Sautéed double breast of chicken with artichoke, mushroom and shallot in a marsala wine cream sauce.Or
Flame Broiled Tilapia Fillet Grill marked with lemon pepper seasoning finished with lemon and white wine parsley butter.
OrButternut Squash Ravioli
(Please indicate your dinner choice when making your reservation, and
please consider that this will be during Lent when making your food choice)
8:00 p.m. Dancing to The Sensations
$75.00 per person
*Silent Auction Benefitting the Winnebago County Bar Foundation*It you have items to donate for the silent auction,
please drop them off or contact the bar office! Reservations with payment to the WCBA by February 27, 2017
Really – it’s a fun time as well as a good opportunity to socialize. It’s been fun every year that I’ve gone and I lookforward to this year as well. I do hope you will come out. If you’ve never been before, I challenge you to give ita try. Your significant other will enjoy it even if he/she is not an attorney. If you don’t currently have a significantother, get a group together and let Holly know you all want to sit together. Challenge 2 - What firm can bring thehighest percentage of people and have the most fun? Let’s make it a great party! See you all there.
Donna Honzel is an associatejudge for the 17th JudicialCircuit of Illinois. A graduateof the University of IllinoisCollege of Law, she wasadmitted to the practice oflaw in Illinois in 1991. She isthe 2016-2017 President ofthe Winnebago County BarAssociation.
Don’t Go Bare
Starting out? Moonlighting? Part-time? Malpractice insurance is NOT an unnecessary expense.
You’re still at riskYour referral partners are at riskYour relationships are at risk
Protect your clients. Get covered with ISBA Mutual…it’s easier than you think. We love smaller firms and we offer lawyers’ malpractice insurance to new and part-time lawyers at an affordable price.
800 473-4722 isbamutual.com
WCBA REPORTING Page 3
Being treated unprofessionally?Have you witnessed unprofessional behavior?
Seventeenth Circuit CourtPeer Review CouncilHon. Gerald F. Grubb 815-616-0600Roberta Holzwarth 815-962-7071Hon. Frank Martinez 815-516-2412
Azhar Minhas 815-547-5400
Keith Morse 815-967-5000
Frank Perrecone 815-962-2700
Contact one of the above council members to report anyconduct believed to be in conflict with the SeventeenthCircuit Court’s Statement of Professional Aspirations. Reports are confidential! For more details, please visitthe Peer Review Council section on the 17th Circuit’swebsite: www.illinois17th.com.
CALENDARFEBRUARY 2017
1 Book Club Meets-Present Over Perfect13 Diversity Committee Meeting-Noon Bar
Office20 Bar Office Closed22 Lunch & Learn-Basics of Foreclosure28 Board of Directors Meeting-Noon Bar Office
MARCH1 Book Club Meets Small Great Things Jodi
Picoult3 President’s Ball-5:30 p.m. Forest Hills
Country Club6 Editorial Board Meets22 Lunch & Learn BAIID28 Board of Directors Meeting
WINNEBAGO COUNTY BARFOUNDATION GRANTS
The Bar Foundation annually makes grants toorganizations with a legal focus. The deadline forgrant submissions is March 31, 2016. The grantreques t fo rm i s on the webs i te a twww.wcbarockford.org
E-FILING-BOONE COUNTYThe Boone County Circuit Clerk's Office will
within a few months begin e-filing cases. On March6, 2017 at 1:30 p.m. an informational training sessionon e-filing procedures will be held for attorneys andstaff in the County Board Room at the Boone CountyAdministration Campus located at 1212 Logan
Avenue, Belvidere, Illinois. The presentation will lastapproximately one hour and will be following by a Q& A session. Any questions regarding the upcomingpresentation should be directed to Linda Anderson at
(815)547-6892 [email protected]
If you plan to attend the e-filing trainingsession, please notify Linda Anderson on or beforeFebruary 15, 2017 by phone or email as to how manypeople from your office will be attending.
ENHANCED WEBSITE LISTINGSWhen the WCBA discontinued our Lawyer Referral
Service, our website was redesigned to include a“Find a Lawyer” section. Individual attorneys canlist their areas of practice, a biography and link totheir website. The cost is $50.00 per attorney per
year. Please contact the bar office if you wish to beincluded.
UPCOMING CLE-SAVE THESEDATES
February 22, 2017 Lunch & Learn-The Basics of
Foreclosure12:00 WCBA Office
(1 hour MCLE Credit)
March 22, 2017 Lunch & Learn Illinois BAIID
Experience12:00 WCBA Office
(1 hour MCLE Credit)
May 18, 2017Trial Appellate Section
12:00 Giovanni’s(4 hours MCLE Credit)
June 23, 2017Bankruptcy CLE12:00 Giovanni’s
(4 hours MCLE Credit)
NLT Title (NLT) provides title searches, real estate closings, escrow services, and title insurance to attorneys and their real estate clients.
As an agent of Attorneys’ Title Guaranty Fund, Inc., NLT’s primary focus is to market title and related services to attorneys in north central Illinois.
Crystal [email protected]
An agent of Attorneys’ Title Guaranty Fund, Inc.
www.nlt-title.com
WE BRING IT ALL TOGETHER
SERVING BOONE, DEKALB, OGLE, McHENRY, STEPHENSON, AND WINNEBAGO COUNTIES
The premier lawyer service organization for the benefit of the profession and the public.
800.252.0402 | www.atgf.com | [email protected]
SUPREME & APPELLATE COURT REVIEW Page 5
CRIMINALILLINOIS SUPREME COURT
People v. Price, 2016 IL 118613 (December 30, 2016) (J.Theis) (Cook Co.):Section 2-1401/CastleberryThe Supreme Court granted the State's PLA to determinewhether the defendant's section 2-1401 petition was timelyfiled. The Supreme Court reversed the appellate court'sjudgment and affirmed the trial court's dismissal of thedefendant's 2-1401 petition, concluding that thedefendant's sentence was not subject to the "void sentencerule" as Castleberry applied "retroactively", and thedefendant had filed his petition outside of his two-yearstatutory window. The Court clarified Castleberry asfollows:"After Castleberry, a reviewing court may no longer, suasponte, correct a statutorily nonconforming sentence..., theState may no longer seek to correct such a sentence ondirect review but must seek a writ of mandamus to doso...and a defendant may no longer rely on the voidsentence rule to overcome forfeiture of a claimedsentencing error or to challenge a statutorilynonconforming sentence in perpetuity."J. Kilbride specially concurred, opining that the Courtshould have limited its discussion to the issue briefed bythe parties.People v. Smith, 2016 IL 119659 (December 30, 2016) (J.Thomas) (Livingston Co.):Sentencing/MirandaThe Supreme Court granted the State's PLA to determinewhether the defendant was eligible for Class X sentencing,also analyzing the defendant's cross-appeal as to Miranda.The Supreme Court reversed, concluding that thedefendant was eligible for Class X sentencing undersection 5-4.5-95 (b) of the Code because he was 21 at thetime of sentencing (even though he was 20 at the time hecommitted the offense). The Court also rejected thedefendant's Miranda claim, concluding that he was not incustody.J. Freeman dissented, opining that the defendant was incustody for purposes of Miranda when he was beingquestioned in the Department of Corrections.People v. Matthews, 2016 IL 118114 (December 1, 2016)(J. Garman) (Cook Co.):Section 2-1401The Supreme Court granted the State's PLA to determinewhether the appellate court erred by reversing the trialcourt's sua sponte dismissal of the defendant's 2-1401petition as untimely (the defendant failed to serve processon the State).The Supreme Court reversed, concluding that the trialcourt was right to dismiss the defendant's 2-1401 petition,concluding that because a party must serve a responding
party with notice of the petition in compliance with Rule105, the defendant was estopped from using failure ofproper service as a justification to avoid dismissal.People ex rel. Alverez v. Honorable Vincent Gaughan,2016 IL 120110 (December 1, 2016) (C.J. Karmeier)(Cook Co.):MandamusThe Supreme Court granted the State's mandamus from theimposition of the sentence in People v. Castleberry. Inconcluding that the defendant's sentence was improper(and ordering properly imposed), the Supreme Courtrejected the defendant's argument that the State's attorneylacked standing to file the mandamus, where the AttorneyGeneral was the proper authority. In short, a State'sAttorney has standing to bring a mandamus action.People ex rel. Alverez v. Honorable Carol H. Howard,2016 IL 120729 (December 1, 2016) (.J. Thomas) (CookCo.):MandamusThe Supreme Court rejected the State's mandamus request,concluding that the trial court did not err by transferringthe defendant's case from criminal court to juvenile court.The Supreme Court held that the legislature changed theautomatic transfer age from 15-16 and that this amendmentwas retroactive under section 4 of the statute on statutes.The case was properly transferred to juvenile court unlessand until it is transferred to criminal court pursuant to adiscretionary transfer hearing.People ex rel. Glasgow v. Honorable David M. Carlson,2016 IL 120544 (December 1, 2016) (.J. Kilbride) (WillCo.):MandamusThe Supreme Court granted the State's mandamus request,in which the State's Attorney requested that the SupremeCourt order the trial judge to enter the Class X sentence inan aggravated DUI case. The Supreme Court concluded asfollows:"Accordingly, we conclude that the defendant's third DUIconviction constitutes aggravated DUI and must be treatedas a Class 2 felony under the plain language of subsection(d)(2)(b) of section 11-501. Because the record shows thatthe defendant has at least two prior Class 2 felony orhigher convictions, he must be sentenced as a Class Xoffender on his aggravated DUI conviction in this case.730 ILCS 5/5-4.5-95(b) (West 2014); see also Morris,2014 IL App (1st) 130152.54 (affirming a Class Xsentence on a defendant who was convicted of Class 2felony aggravated DUI)."People v. McDonald, 2016 IL 118882 (December 15,2016) (.J. Garman) (Cook Co.):Jury Instructions/Standard of ReviewThe Supreme Court granted the defendant's PLA todetermine whether the appellate court erred by concluding
SUPREME & APPELLATE COURT REVIEW Page 6
that the trial court did not err by refusing the defendant'stendered second-degree murder instructions. The SupremeCourt affirmed, concluding that the trial court did notabuse its discretion when it rejected the defendant'stendered instructions. In so concluding, the Court held thatthe appropriate standard of review was whether thedefendant had presented "some evidence" to justifyinstruction (as opposed to "some credible evidence"), andthat the ultimate standard was whether the lower court hadabused its discretion in making that call.J. Burke dissented, opining that the question of whether aninstruction is supported by the evidence is one for the jury,not the trial judge.
ILLINOIS APPELLATE COURT2ND DistrictPeople v. Hunt, 2016 IL App (2nd) 140786 (November16, 2016) (J. Spence) (DeKalb Co.):Jury InstructionsThe defendant appealed from his armed robbery andaggravated battery convictions, arguing that (1) the Statefailed to prove him guilty beyond a reasonable doubtbecause it failed to prove his identity as the maskedassailant; and (2) his counsel was ineffective for failing totender an instruction on accomplice witness testimony.The appellate court affirmed, concluding that (1) the Stateproved identity through circumstantial evidence; and (2)his counsel was not ineffective for failing to tender aninstruction on accomplice witness testimony where thedefendant was not prejudiced in light of the fact that thejury was repeatedly provided evidence and argumentregarding his skepticism of the accomplice's testimony. People v. Teper, 2016 IL App (2nd) 160063 (November17, 2016) (J. Spence) (Lake Co.):Drug-possession ImmunityT h e d e f e n d a n t a p p e a l e d f r o m h e rpossession-of-a-controlled-substance conviction, arguingthat she was entitled to immunity under section 414 of theControlled Substances Act (which affords immunity tothose who are reporting or experiencing a drug overdose).The appellate court affirmed, concluding that section 414of the Act did not apply to provide the defendant immunitywhere (1) the drugs in her possession were not "acquiredas a result of" her seeking medical assistance; and (2) thepolice had sufficient probable cause to arrest her beforeshe sought medical attention.People v. Horta, 2016 IL App (2nd) 140714 (December 5,2016) (J. Zenoff) (Lake Co.):SentencingThe defendant appealed from his 59-year sentence,arguing that it was excessive and that the 15-yearmandatory add-on for a firearm ran afoul of the 8thamendment. The appellate court affirmed, rejecting thedefendant's claims that the mitigating factors he presentedwere more compelling than the trial court appreciated and
that his sentence was unfair because his co-defendantsreceived lesser sentences. The appellate court alsoconcluded that the 15-year firearm enhancement wasconstitutionally sound.People v. Cielak, 2016 IL App (2nd) 150944 (December7, 2016) (J. Zenoff) (Kane Co.):Statutory Warning to Motorists (SSS)The defendant appealed from his statutory summarysuspension, arguing that the police officer began countinghis statutory 20-minute waiting period before he was readthe statutory warning to motorists. The appellate courtaffirmed, concluding that because the 20-minute waitingperiod is "in no way tied to the giving of the warning" hisargument was without merit.
Lawrence Bauer is the director of the Office of the State’s Attorney AppellateProsecutor-Second District. He is a graduate of theValparaiso University School of Law. Mr. Bauer was admitted to the practice of law in Illinois in 1976.
SAVE THESE DATES!
YOUNG LAWYERSST. PATRICK’S DAY
PARTYMARCH 10, 2017
5:30 P.M.C.J.’S
TRIVIA NIGHTAPRIL 6, 2017
5:30 P.M.DISTRICT
WATCH YOUR EMAIL FOR MOREDETAILS!
NEW YEAR RESOLUTION - OR - NEW DAY ASPIRATION Page 7
Written by Michael T. Reynolds for the IllinoisLawyers Assistance Program
During his lifetime from 1835 to 1910, SamuelLanghorne Clemens, better known as Mark Twain, wasquoted as saying, "It's easy to quit smoking; I've done it athousand times," and during his lifetime from 1880 toChristmas Day, 1946, William Claude Dukenfield, betterknown as W. C. Fields, was quoted as saying, "It's easy toquit drinking; I've done it a thousand times." Regardingthe question as to which of these illustrious Americanfigures said his quote first, this article has no answer, butone thing is clear: whatever the vice, staying stopped isn'teasy.
People have aspired to modify their behavior andshake bad habits, or acquire good ones, throughout history. Attempts to change personal conduct, as of the start of anew year, date back to ancient Rome, when new yearblessings were invoked from Janus, the Roman god of newbeginnings and transitions, after whom the month ofJanuary is named.
In modern times, the practice of making andbreaking New Year resolutions persists. As the managerof any health club can attest, the month of January isalways marked by a tremendous surge in new members,while the following months of February, March and April
bring an almost-corresponding number of defaults in thepayment of monthly dues. This is why payment of annualdues is encouraged, and offered at a discount.
This phenomenon of failing at a New Yearresolution has happened to innumerable individuals. Whatsmoker hasn't ceremoniously smoked that "last" cigarettebefore the stroke of midnight on December 31st, only to bepuffing away again with impunity within days or weeks. Which person battling a bulge hasn't begun a conscientiousdietary regimen at the start of the year, only to findthemselves pretty much back in their former eating patternby Valentine's Day? Or how many times has someonejoined the gym in January with every intention ofworking-out several times per week, only to have thatresolve vanish within a few months?
Based on many a New Year reveler's tried and trueexperience, the making of New Year's resolutions has beensimply setting one's self up for disappointment, an exercisein futility. Naturally, upon failure to keep the resolution,the typical reaction is to think, "Oh well, maybe I'll tryagain next year." Then we postpone the desired change inbehavior for another twelve months, and the undesirablehabit continues unabated.
ILLINOIS SUPREME COURT RULE 138 - Personal Identity Information Page 10
BY HON. RON BARCH
Over the course of the past year I have receivedand signed thousands of over-the-counter orders, includinghundreds of wage deduction orders. The proposed wagededuction order is usually accompanied by a copy of aninterrogatory response which the employer has fileddirectly with the Circuit Clerk's Office. In some instances,however, the wage deduction order is accompanied by aninterrogatory response filed directly by an attorney orsomeone under his or her direction and control. Onaverage I receive 5 or 6 interrogatory answers each weekwhich set forth the judgment debtor's full name, addressand complete Social Security Number. Once filed, thisvery sensitive personal identity information is readilyavailable for any one that cares to look -- that's scary! With the advent of electronic filing and storage ofdocuments, the risks associated with the filing of materialscontaining Social Security Numbers, driver's licensenumbers and debit/credit card numbers will obviouslymultiply exponentially.
With the above in mind, it bears reminding thatIllinois Supreme Court Rule 138 prohibits the filing ofdocuments in civil cases which contain personal identityinformation, such as Social Security Numbers, driver'slicense numbers and debit/credit card numbers (Ill.S.Ct.R.15 covers criminal cases). A redacted filing may includeonly the last four digits of an individual's Social SecurityNumber, driver's license or debit/credit card number.
The failure to adhere to Rule 138 can lead tosignificant consequences to the offending filer. Pursuantto Rule 138(f)(1), any party or person whose informationhas been filed may move the court to order redaction of hisor her personal identity information. If the court finds theinclusion of personal identity information was willful, thecourt may award the prevailing party reasonable expenses,including attorney fees and costs to remediate. See, Rule138(f)(2).
Rule 138(e) makes it clear that neither the courtnor the clerk is required to review documents or exhibitsfor compliance. Courts are also precluded from requiringthe Circuit Clerk to review documents and exhibits forcompliance. It is therefore incumbent upon thepractitioner to ensure that any documents filed directly orby individuals under his or her direction and control are incompliance with Rule 138.
To lessen the risk of an offending filing, be surethe wage deduction materials served upon the judgmentdebtor's employer discourage the filing of complete SocialSecurity Numbers. Instead of including a blank line forentry of a Social Security Number (____________),modify your standard forms to solicit only the last fourdigits of the judgment debtor's Social Security Number(XXX-XX-_____). Rule 138(c) provides guidance for thefiling of personal identity information when the filing ofsuch information is required by law, ordered by the courtor is otherwise necessary to effect disposition of a matter.
Title Underwriters AgencyService, Integrity, Quality
It’s not a closing.
It’s an opening.
To relationships.
To fi nding 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 relationship. We do what it takes to earn your business, and to keep it.
{ }T i t l e Un d e r w r i t e r s A g e n c y i s a n A g e n t f o r C h i c a g o T i t l e I n s u r a n c e C o m p a n y
w w w. t i t l e u n d e r w r i t e r s . c o m
Waterside Center Mulford Offi ce Roscoe Offi ce Belvidere Offi ce126 North Water St. 1235 N. Mulford Rd. 4908 Hononegah Rd. 417 South State St.Rockford, IL 61107 Rockford, IL 61107 Roscoe, IL 61073 Belvidere, IL 61008ph: (815) 964-9800 ph: (815) 227-9800 ph: (815) 623-3400 ph: (815) 544-2222fx: (815) 964-0084 fx: (815) 227-9808 fx: (815) 623-3260 fx: (815) 544-2244
NEW YEAR RESOLUTION - OR - NEW DAY ASPIRATION Page 8
But perhaps there's a better way to look at thepossibility of implementing such a change in behavior. After all, when I think about it, how can I possibly preventmyself from having a few beers on St. Patrick's Day, orsmoking just one cigarette on the 4th of July, orover-eating some of the holiday turkey on Thanksgiving,when it is only the first day of January? It simply can't bedone, on New Year's Day. All I can do on New Year'sDay is not drink, smoke or over-eat on New Year's Day.
So, there may be a better, more effective, methodof behavior modification that is not to resolve to make adesired change in lifestyle "forever," or even for a whole"new year," but simply for "one day at a time." Why, ofcourse, I can abstain from anything for just one day. Thatwhich cannot possibly be done for a remaining lifetime, orfor a full new year, just might be doable for a single day. So, why wait until January 1st? Why not aspire to livethat new lifestyle . . . just for today? If that doesn'twork, well, then each day can be a new beginning.
Rather than a simple denial of those guiltypleasures in the New Year, how about substituting a funand positive pastime? Take an empty jar and, each
evening, jot down on a small piece of paper somethingpositive that happened that day, something for which youare grateful, and place it in the jar, one evening at a time.Then, on next New Year's Eve, open the jar and read aboutall of the awesome and pleasurable things that happenedduring the past year, for the fun of it.
If you need help quitting an unhealthy habit, wantto establish healthier ones or are looking for assistancewith putting anxiety and worry behind you, LAP is here tohelp. At no cost to yourself, and in strict confidentiality,you can call and set up an appointment. LAP offersassessments, short-term counseling, group therapy andreferrals. LAP also offers the opportunity for confidentialpeer support from a trained LAP volunteer who hasexperienced a problem similar to yours, and who hasmanaged it successfully.
For more information, visit our website atwww.illinoislap.org. You can also call (312-726-6607 or800-527-1233) or email us ([email protected])anytime. LAP is here to help.
P. MICHAEL MAHONEY Page 7
BY SCOTT PACCAGNINI
One of the Winnebago County Bar Association'snewest members has been practicing law for overforty-five years and recently retired from the federalbench. Judge P. Michael Mahoney graduated from theUniversity of Illinois's law school in 1971. Upongraduating, Judge Mahoney returned to his hometown ofFreeport, Illinois where he practiced with his father in thelaw firm of Nettles & Mahoney. In 1976, at onlytwenty-nine years of age, Judge Mahoney was appointedas a United States Magistrate Judge for the United StatesDistrict Court for the Northern District of Illinois, WesternDivision, replacing Robert French who took a position asan Associate Judge in Winnebago County. At the time ofhis appointment, the Western Division federal court washoused in the United States Post Office in Freeport,Illinois. A year to two later, the federal court moved toRockford, Illinois.
Judge Mahoney worked as a Magistrate Judgepart-time from 1976-1992. He practiced law Mondaythrough Thursday representing clients in criminal and civilmatters and on Friday held his court call. It wasn'tuncommon for Judge Mahoney to be opposing counsel toan attorney Monday through Thursday and then have thatattorney appear before him on Friday.
In 1992, Judge Mahoney reluctantly wentfull-time, something he didn't want to do because he lovedpracticing law. Judge Mahoney's appointment ended in2012, but the United States Court of Appeals for the
Seventh Circuit recalled him for 2013 and 2014. By thetime he left the bench, Judge Mahoney was the longestserving Magistrate Judge in the Seventh Circuit. Duringhis time on the bench, hundreds of attorneys appearedbefore him including Stanley Roszkowski, who wouldlater become the first full-time District Court Judge in theWestern Division (and who the courthouse is named after),and James Holderman, Judge Mahoney's law schoolclassmate who would later become the Chief Judge for theUnited States District Court for the Northern District ofIllinois.
Since leaving the bench, Judge Mahoney has beenhandling mediations and arbitrations. He mediates andarbitrates federal and state cases and a little less than halfof his cases are in Chicago. He has also been appointed aSpecial Master to handle privilege issues.
When asked why he joined the Winnebago CountyBar Association, Judge Mahoney pointed to the quality ofthe Bar Association's CLE programs and his desire tosupport the organization. Interestingly, Judge Mahoneynoted that he was discouraged as a federal judge to join abar association because when he was appointed to thefederal bench many county bar associations were beingsued in federal court based on fee schedules. TheSupreme Court ultimately held that fee schedules violatedSection 1 of the Sherman Act.
Although you are unlikely to see Judge Mahoneyas opposing counsel in one of your cases, it is likely youwill see him at one of the Bar Association's CLEs.
CIVIL JURY REPORT Page 9
Case Name: Jacqueline Hart v. Lawrence P. Prabhakar, Rockford Surgical Service, S.C.Venue: Winnebago County, IllinoisJudge's Name: Honorable J. Edward ProchaskaTrial Date: 12/12/16 - 12/15/2016Plaintiff's Attorney: Marios N. Karayannis, Karayannis Law Offices, 10 West State Street, Suite 200, Geneva, IL 60134Defense Attorney: Michael Denning, Heyl, Royster, Voelker & Allen, 120 West State Street, 2nd Floor, P.O. Box 1288,Rockford, Illinois 61105 1288Facts: A 49-year-old female plaintiff presented to defendant colorectal surgeon with history of rectal bleeding. Defendantdiagnosed numerous significant hemorrhoids and recommended hemorrhoid banding procedure and colonoscopy.Colonoscopy and banding procedure performed with no apparent complications. Plaintiff discharged home. She becameprogressively ill overnight and the next morning and called 911 that morning. An ambulance took her back to the hospitalwhere defendant's on-call partner diagnosed colon perforation and performed emergency laparotomy, during which he found1.5 cm perforation in sigmoid colon, near adhesions from prior abdominal surgery. He performed primary repair andileostomy, as well as reversal of ileostomy approximately three months later. Defendant's partner testified that the perforationwas caused by the tip of the colonoscope during colonoscopy. Plaintiff claimed negligence by failing to find and repaircolonic perforation during the colonoscopy.
Defense contended that adhesions in area of the sigmoid colon tearing away from the outer layer of the colon duringthe procedure caused serosal or outer surface injury to colon that was not a full through-and-through perforation and couldnot be seen or appreciated during the colonoscopy. Defense contended that a serosal tear developed into a frank perforationafter the patient was discharged from the hospital, i.e., a delayed perforation. Defense disagreed that the perforation wascaused by the tip of the colonoscope and disagreed that there was a 1.5 cm perforation for defendant surgeon to see duringthe colonoscopy.Injuries: Plaintiff suffered perforated colon, multiple surgeries to repair it and numerous hospitalizations. She claimed wageloss, medical bills, loss of normal life, disfigurement, pain and suffering and emotional distress. Specials: $127,856 in medical bills and approximately $7,000 in lost wagesPlaintiff's Expert: Roderick Boyd, MD, FACS, Jackson, TN, General surgery Defense Expert: Joseph Kokoszka, MD, FACS, Ottawa, IL General and Colorectal Surgery Demand: $0Offer $0Asked from Jury: $400,000-750,000 Verdict: Not Guilty
THE HONORABLE JUDGE BARCH Page 10
BY KIMBERLY KOVANDAOne of our newest judges in the 17th Circuit,
Ronald Barch, took the bench on September 8, 2015. Sincethat time, many of you may have had the opportunity toappear before him. However, in those brief moments youlikely have not had the chance to get to know Judge Barch.
Judge Barch was born and raised in the suburbs ofChicago. He graduated from Crystal Lake South HighSchool before attending Western Illinois University.Although he did obtain his degree in finance and business,his greatest accomplishment during his time at Westernwas meeting his wife, at what some may consider thelibrary, but what is commonly known as the bar (theyactually met while bartending together). After graduatingfrom Western, Judge Barch worked as a claims adjusterfor a local insurance company in Rockford. While the ideaof law school was something that Judge Barch had alwaysconsidered, it was during this time as an insurance adjusterconstantly consulting with and advising attorneys on howto handle a case that his desire to go to law school wasreaffirmed. Soon thereafter, he attended John MarshallLaw School in Chicago.
After graduating from law school in 1992, JudgeBarch returned to Rockford and began his legal career atWilliams McCarthy in the general litigation practicegroup. In 1996 he joined Cicero & France to beginpracticing with his then mentor, John France, andeventually became a partner. He remained at that firm untilthe time he took the bench. Throughout his career, JudgeBarch focused primarily on personal injury and civil rightsdefense and commercial litigation.
From heading off two near physical altercationsbetween lawyers during depositions, to witnessing a dead,featherless, exotic bird being drawn from a purse in opencourt, to watching an incantation chant by an allegedSeminole high priestess during an oral motion to changevenue from Carroll County, Illinois to a tribunal in Florida(a motion which unsurprisingly was ultimately denied),Judge Barch has seen it all. He has fond memories ofdeposing the Reverend Jesse Jackson in connection withthe Barmore civil lawsuit, including a post-deposition soulhandshake with the Reverend.
Becoming a judge was not something that JudgeBarch had always intended to do, but as his careerdeveloped and evolved into more major civil litigation, hedecided it was a great professional option to pursue. Nowas the referee instead of one of the litigators, Judge Barchcan impart to us some pearls of wisdom. In his courtroom,it is important for attorneys and parties to allow each otherthe opportunity to finish speaking without interruption.More importantly, it is imperative that they do notinterrupt the judge (an important point Judge Barchlearned while practicing before retired Judge RichardVidal). Judge Barch also believes that attorneys appearing
before him should know the status of their cases, as wellas the names of the parties they represent.
Finally, Judge Barch knows firsthand thateveryone makes mistakes. For instance, Judge Barchrecalls hopelessly searching for an office address on MainStreet in Rock Island, Illinois when he realized that thedeposition set for that morning was actually scheduled foran office on Main Street in Rock Falls, Illinois. Heultimately had to make an embarrassing call to opposingcounsel to advise first, that Main Street in Rock Islanddoes not exist, but also that he was going to be a little lateto the deposition. Opposing counsel (Gary Kardell) wasaccommodating and allowed him an extra two hours todrive to the proper venue before starting the deposition,showing that courtesy and a good sense of humor can goa long way.
When he is not in the courtroom, you can findJudge Barch "working" on his golf game, or spending timewith his wife and three sons. He indicated he loves tosocialize, and those who know him have said, "he is theglue that keeps various social groups together." Lately hehas been reading a string of biographies because he is"always interested in learning about the challenges thatother people have overcome." Despite his manyprofessional accomplishments, Judge Barch said the mostfantastic thing that happened to him this past year was theCubs winning the World Series.
During his short tenure on the bench, Judge Barchindicated that what he finds most interesting is that evenwith a high volume of cases, each case has it ownpersonality, and he enjoys the opportunity to learn aboutpeople. From my conversation with Judge Barch, it is clearthat well prepared attorneys and parties can look forwardto a pleasant experience appearing before him in thecoming years.
Kimberly Kovanda is an associate with Cicero, France &Alexander, P.C. A graduate of IIT Chicago-Kent Collegeof Law, she was admitted to the practice of law in Illinoisin 2013. She is the Editor of “The Lawyer”.
CLASSIFIED Page 12
Storage Garages Available Storage space for your vehicle,boat, camper or classic car. Four garages available, each $50.00per month. Close in. Call (815)289-4555.Office Space to Rent Space to rent in office building,populated by a growing number of attorneys! Three separateoffice areas available; building includes common amenities(conference room, reception area) and 1,200 sq. ft. meeting area. Ample off-street parking, within walking distance to allcourthouse buildings. Contact Donald L. Shriver at815-963-4895.Office Space: $8 per square foot plus utilities. Lower level ofall brick building. Two blocks from Cherry Vale. Call 815 703 8269. Legal Services: Evaluation, analysis, and summarization ofmedical records. Very experienced. Medical background.Competitive hourly rate. Quick turnaround. Call (815)289-4555.Office Space for Rent: Beautifully renovated building at 318 N.1st St., Rockford, IL 61107. Two offices with secretarial space. Includes use of large conference room, shared hi-speed internetavailable, ethernet hardwired for private networking, and use ofphone system. Ample off-street parking and private parking lot. Call Tom Ruud at 815-961-9100.
Brent Blair
Firearms Instructor
815 – 222 – 8938
Illinois Concealed Carry - NRABasic Pistol
Home Firearm Safety - ShootingLessons
Glock Armorer - Glock Parts / Accessories
Associate for Rockford office SmithAmundsen LLC seeksattorney with 0-2 yrs of experience in litigation defense for ourRockford office. Work will consist of motion writing, attendingcourt, answering discovery. Must have excellent research andwriting skills. Position will support multiple practice areas, somust be flexible with a positive attitude.
Please send cover letter and resume, with a writing sample andsalary requirements to: [email protected]
FORMING MUSIC COMBO. Dust off your instruments andwarm up your voice. Forming combo for fun andjamming. Maybe do some open mic nights and volunteer fornursing homes/assisted living entertainment. Eclectic mix ofmusic genres. If interested contact Paul Cain [email protected].”
MEDIATION AVAILABLE I have now completed fortyhours of coursework in Mediation Skills Training at theNorthwestern University School of Professional Studies. In addition to having completed forty three years in thepractice of law, I believe that I possess the experience andthe training necessary to be an effective mediator in most,if not all, situations. If you wish to discuss mediationservices with me, please call me at 815-316-3038 or sendme an email at [email protected]. Thank you. Tom Laughlin
FOR SALE: 1957 Chevrolet Bel-Air 4-dr Hardtop. 79500miles. Very Nice Rust Free Condition. Original 283 engineand Automatic Transmission New Upholstery and Carpet.Recently tuned up. $27,000. Call Bob Gosdick -8156541113
Office Space: For rent in One Court Place. Closestbuilding to the Courthouse entrance. Two offices in a fiveoffice suite with space for a secretary. Will share officeequipment and expenses. Please call Brian Larkin. 815-964-4601.
Attorney Position: Jensen Law Office, LLC is looking foran Associate Attorney to join our expanding Civil Rightsand Employment Discrimination practice. The desiredapplicant should provide a resume, writing sample andsalary requirements. Please forward all applications [email protected].
For Sale: Metallic Blue BMW 328ix, 2011, 6cyl, Allwheel drive, Manual 6spd, Very sharp, Sunroof, Nav,heated seats, etc, etc. All service up to date. Many extrasincluded. 59,000 miles. $17,900. Contact Paul Cicero, 815226 -7700.
Attorney Position: Established and growing Rockfordlaw firm seeking an attorney for an associate position with1-5 years of experience in Workers' CompensationDefense. This position requires organization skills alongwith the ability to handle a fast-paced environment withdeadlines. Please submit resumes and references [email protected].
Mailing Services
Automation Presorting
Manual Sorting
Ink Jet Addressing
Variable Data Letters
Data Match Services
InsertingSealingMetering | StampingMail Prep Services
Wafer Seal Tabbing
Wafer Seal Tabbing
Inline Spot Glue
Inline Spot Glue
TrimmingFoldingCollatingInserting
Data Services
List Management
List AcquisitionData Cleansing
Move Update Consultation
Other Services
Postal Logistics Consultation
Mailpiece Design
Hand Assembly
WarehousingFulfillment Services
Shrink Wrapping & Packaging
Domestic & International Shipping
222 North Rockton Avenue | Rockford Illinois 61103 | 815.963.6491 | fax 815.963.5647 fax 815.963.5647 | AdamsDoesMail.com
fRee pIck-upAND DelIveRy
to All RockfoRDAReA locAtIoNs
10% off* any service with
coupon code lAWyeR10
*Not
to b
e co
mbi
ned
with
any
oth
er d
iscou
nt, s
peci
al o
ffer o
r in-
kind
ser
vice
.
Prsrt StdU.S. Postage
P A I DRockford, ILPermit No 14
WCBAWINNEBAGO COUNTY BAR ASSOCIATION
321 West State Street, Suite 300Rockford, Illinois 61101
Commitment to InnovationMetropolitan Title Agency is a locally owned, full service title and escrow company. We are committed to our clients, to our community and to finding innovative solutions in challenging times.
Our team is dedicated to providing our clients with the best products, proactive resolution of issues and superior customer service. In recent years, we have added a department specializing in real estate owned by lenders and a department specializing in short sales. Our goal is to make the closing process as smooth and “normal” as possible by working out any issues prior to closing.
Our team is well educated, experienced and caring. We never stop looking for ways to improve and find solutions for our clients.
Please let us know how we can assist you with your nextreal estate transaction.
Metropolitan Title Agency6277 East Riverside Blvd • Rockford, IL 61114 • 815.394.3200
www.MTARockford.comMetropolitanTitle Agency
Prsrt StdU.S. Postage
P A I DRockford, ILPermit No 14
WCBAWINNEBAGO COUNTY BAR ASSOCIATION
321 West State Street, Suite 300Rockford, Illinois 61101
Commitment to InnovationMetropolitan Title Agency is a locally owned, full service title and escrow company. We are committed to our clients, to our community and to finding innovative solutions in challenging times.
Our team is dedicated to providing our clients with the best products, proactive resolution of issues and superior customer service. In recent years, we have added a department specializing in real estate owned by lenders and a department specializing in short sales. Our goal is to make the closing process as smooth and “normal” as possible by working out any issues prior to closing.
Our team is well educated, experienced and caring. We never stop looking for ways to improve and find solutions for our clients.
Please let us know how we can assist you with your nextreal estate transaction.
Metropolitan Title Agency6277 East Riverside Blvd • Rockford, IL 61114 • 815.394.3200
www.MTARockford.comMetropolitanTitle Agency
One Court Place, Suite 401Rockford, Illinois 61101