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Selected
Accomplishments 1990 The Seventh Circuit Court of Appeals adopts the position of the Council in ruling that a trial court's decision to sanction attorneys under Rule 11 of the Federal Rules of Civil Procedure will not be overruled by the appellate court unless the trial court abused its discretion. Mars Steel Corporation v. Continental Illinois National Bank and Trust Company of Chicago. The Council files a brief amicus curiae in the United States Supreme Court arguing that the proper standard of review in Rule 11 cases is abuse of discretion and that fees should not be awarded automatically to the prevailing party in a Rule 11 appeal. In June 1990, the Court endorsed both of the Council's positions. Cooter and Gell v. Hartmarx Corporation. 1991 The Council releases its fourth evaluation of federal district court judges in the Northern District and its first evaluation of the magistrate judges and bankruptcy judges. 1992 After urging by the Council, Chief Judge Harry G. Comerford rescinds his order promoting Judge John Laurie to a supervisory position. Laurie was acquitted of corruption charges in Operation Greylord, but subsequently admitted that he did not report bribe attempts and engaged in improper ex parte communications with a defense lawyer. 1993 Joined by the Chicago Conference of Black Lawyers, the Cook County Bar Association and the Latin American Bar Association, the Council urges the Illinois Supreme Court to grant a rehearing to convicted killer Rolando Cruz. In an amicus curiae brief, the Council argued that the Court should reconsider the admission of impeachment evidence to rehabilitate an attorney's credibility in the eyes of a jury. The Court had held that the impeachment of a witness was permissible because the prosecutor misstated the content of the witness' expected testimony in his opening statement. The Council argued that this decision was in conflict with longstanding public policy. The Council urges greater funding for the Judicial Inquiry Board, the body charged with investigating charges of wrongdoing made against Illinois state court judges. The Council testifies that federal courts need better management. In a public hearing held by the Civil Justice Reform Act Advisory Group of the U.S. District Court for the Northern District, the Council testifies that the chief judge and executive committee must take a more active role in managing the court as an institution. The Illinois Supreme Court announces that at the end of 1994 it will stop recalling judges who are defeated at the polls. The Court's action is in response to a call by the Council to stop the practice which is not provided for in the Illinois Constitution. The Council files an amicus curiae brief in the legal malpractice case of Jackson Jordan, Inc. v. Leydig Voit & Mayer, asking that the Illinois Supreme Court reconsider its ruling. The Council argued that the statute of limitations for a claim for malpractice should not begin to run before the client has discovered or reasonably should have discovered the breach of the duty of care in the injury. In January 1994, the Court reverses itself, ruling that continued advice to a client voids a statute of limitations defense. 1994 In February, the Council releases its 126-page report evaluating the Seventh Circuit Court of Appeals. The Council evaluates both the individual judges on the Seventh Circuit as well as the Court's strengths and weaknesses. The report is reproduced in the Spring 1994 edition of the DePaul Law Review. In July, ten years after the release of their original investigation, the Council and the Fund For Justice release their review of the policies and procedures of the Chicago Department of Law. The study reports that most of the Council's and Fund's 1984 recommendations are in effect and that the Department has improved dramatically over the past decade. In September, the Council is joined by the Cook County Bar Association, the Latin American Bar Association and the Mexican-American Lawyers' Association in a petition asking the Illinois Supreme Court to reconsider its June 1994 Administrative Order. The Court, without opportunity for public comment, had issued the Order limiting the number of opinions to be issued by the Illinois Appellate Court and limiting the length of Appellate Court opinions to 20 pages (concurring or dissenting opinions to be limited to five pages). 1995 In March, the Council issues a report on its two-year study of the Illinois Attorney General's Office. The report offers 24 recommendations for constructive change. Attorney General Jim Ryan pledges to work toward implementing them. In May, the Council publishes A Directory of State and Federal Judges in Chicago -- a 350-page book providing biographical information and evaluations of Circuit and Associate Judges in Cook County; Illinois Supreme Court and Appellate Court Justices, First District; Federal District Judges, Magistrate Judges, and Bankruptcy Judges, Northern District of Illinois, Eastern Division; and the Judges of the U.S. Court of Appeals for the Seventh Circuit. 1996 1997 Council issues warning about unethical comments. In the wake of public statements by DuPage County legal officials reacting to the indictments of prosecutors and police officers accused of unethical conduct in the Rolando Cruz case, the Council issued a strong warning against the Chief judge of the DuPage County courts and against the DuPage County State's Attorney. DuPage County Chief Judge Michael R. Galasso was quoted as saying that one of the Cruz prosecutors named in the indictment, Bob Kilander, now a sitting judge, "is one of the finest judges we have...There is no doubt in my mind that he will be found not guilty if charged." The statement appears to violate directly the judicial Canons of Ethics. The Council also commented on statements by the DuPage County State's Attorney that the indictments would have a chilling effect on the work of prosecutors. "If the allegations in the indictment are proven, it will mean that law enforcement authorities fabricated evidence to try to send an innocent man to his death. That type of prosecutorial misconduct should be chilled. Prosecutors must temper the great discretion granted to them by law with the realization that their overriding duty is to seek justice, not merely to seek convictions." Council urges veto on Supreme Court Redistricting Bill. The Council, in January 1997, sent correspondence to Governor Jim Edgar urging him to veto the Illinois Supreme Court redistricting bill passed by the Illinois General Assembly. The legislation divided Cook County into three Illinois Supreme Court subdistricts. Republican legislators had approved the bill without public input on their last day controlling both houses of the General Assembly. The Council believed the bill violated the Illinois Constitution and opposed the legislation because passing legislation with no pubic input or discussion is remarkably bad public policy. The Council and Justice James Heiple. In March 1997 at a press conference attended by nearly all of Chicago's largest media outlets, the Council urged a delay in the disciplinary hearing involving Supreme Court Justice James Heiple to allow for replacement of another Illinois Supreme Court Justice, Moses Harrison, on the Illinois Courts Commission. Council seeks resignation of government official. In April 1997 the Illinois Supreme Court accepted the resignation of Justice William Holdridge as Acting Director of the Administrative Office of the Illinois Courts. The action occurred after the Council asked the Cook County State's Attorney and Illinois Attorney General to prepare a Quo Warranto legal action to block the appointment. The Council believes that appointing a sitting Illinois Appellate Court justice to serve simultaneously as Acting Director violated the Illinois Constitution and Supreme Court rule. Both government officials refused and the Council was preparing its own Quo Warranto suit when the Supreme Court acted. Council urges Moratorium on the Death Penalty. In July 1997, a motion to accept a brief amicus curiae was filed in the Illinois Supreme Court by the Council and a coalition of bar associations, religious groups, civic organizations, and individuals. The brief, prepared at the request of the Council by the MacArthur Justice Center, urged the Court to exercise its supervisory authority to establish a blue ribbon commission to study the imposition of death sentences upon persons who should never have been convicted of the offense. The brief also asked the Court to defer the setting of dates for executions for the period that the commission is doing its work and until its report is evaluated. The Court refused to accept the amicus brief, underscoring the importance of House Bill 2291, drafted originally by the Council, which would have established a temporary suspension of the death penalty while a commission reviews the procedures used in Illinois. Council Speaks Out on U.S. Attorney Nominee for the Northern District. The Council in November 1997 wrote to Senators Carol Moseley-Braun and Richard Durbin to urge them not to nominate Ann Tighe as nominee for the position of U.S. Attorney so long as her spouse, Jim Houlihan, remained Assessor of Cook County. The letter stated: "Appointing Ms. Tighe United States Attorney under such circumstances would present the inescapable problem of an apparent, if not actual, conflict of interest which would result both in a serious loss of public confidence in the United States Attorney's Office and an erosion of morale among the United States Attorney's staff...We do not mean to suggest that either Ms. Tighe or Mr. Houlihan will abuse their offices. On the contrary, both enjoy excellent reputations for honesty and integrity...The fact remains, however, that if Ms. Tighe were to become the United States Attorney, she would have the power to decide whether or not to initiate investigations or prosecutions of, among others, her husband's political friends and his political enemies. Given recent as well as distant history, the likelihood that potential corruption cases involving Cook County Democrats will present themselves to the United States Attorney's Office is not simply theoretical." Council and the Chicago Appleseed Fund For Justice feature Senator Richard Durbin at their fund-raising luncheon and 28th Annual Meeting. The Commitment to Justice Award is given to Mary Brigid Kenney who had resigned from the Illinois Attorney General's Office under Roland Burris rather than prosecute someone (Rolando Cruz) she believed to be innocent. The Lifetime Achievement Award was given to Alex Elson. 1998 Council files amicus brief claiming that the Illinois Consumer Fraud Act applies to lawyers. Council and the Appleseed Fund agree to co-sponsor with the Northwestern University Law School legal clinic a national conference on wrongful conviction and the death penalty. Council offers recommendations on the federal appeals courts. The Council offers testimony before the Commission on Structural Alternatives for the Federal Courts of Appeal which was created by Congress to receive the input of judges and practitioners about the performance of the federal courts of appeal. Council and Chicago Appleseed release Pro Bono Opportunities, a comprehensive listing of civil and criminal legal assistance agencies in the Chicago metropolitan area that seek the pro bono time of attorneys and law students. The booklet stresses the need for pro bono assistance in doing both individual representation and in bringing about systemic reform. 1999 Child Support. In May 1998, the Child Support Panel of the Council and Chicago Appleseed produced a report recommending massive changes in the child support system. That report has not gathered dust. Portions of the report’s recommendations aimed at providing all child support services in one location have been implemented by the Illinois Department of Public Aid. The planning for a demonstration project designed to implement and test our child support collection and enforcement model began in April 1999. This project is being conducted with our assistance by the Metropolitan Family Services in the legislative district of Rep. Connie Howard. Our goal is to have the model system implemented first throughout Cook County and then throughout Illinois. In 1999, the Executive Director of the Council and Chicago Appleseed, Malcolm Rich, testified before a Illinois legislative subcommittee on child support convened by Rep. Julie Hamos as to the value and credibility of our model. Immigration. Together with the Midwest Immigrant Rights Center and the Young Lawyers Section of the Chicago Bar Association, the Council and Chicago Appleseed received an American Bar Association grant for a project to provide representation to immigrants from certain Central American and former Soviet bloc countries. The first training took place in March 1999. Briefs Amicus Curiae. The Council was part of a group of organizations serving as amici curiae in support of respondents in the U.S. Supreme Court case of City of Chicago v. Jesus Morales, et al. In opposing the City of Chicago’s anti-gang loitering ordinance, the Council joined such groups and individuals as the Community Renewal Society, NAACP, Mexican-American Legal Defense Fund, the Cook County Bar Association and U.S. Representative Jesse Jackson, Jr. The Illinois Supreme Court, in striking down the ordinance, found that it had violated due process requirements. The U.S. Supreme Court ruled that the ordinance, as drafted, was unconstitutional. The Council was also part of a group of organizations serving as amici curiae in the Illinois Supreme Court case of People of the State of Illinois v. Aaron Patterson. The amici, comprised of the Council and dozens of well-respected Chicago practitioners, argued that Aaron Patterson should have a full hearing concerning the circumstances of his alleged confession. The case raises an issue in the administration of capital punishment in Illinois: there are men on Illinois’ Death Row who credibly claim that their convictions were the result of confessions extracted by torture inflicted under the supervision of former Chicago Police Lieutenant Jon Burge. The amici urged the U.S. Supreme Court to remand the Patterson case for a full and complete hearing into his allegations of torture and abuse during police interrogation. Judicial Evaluations State Judicial Evaluations. The Council in 1999 resumed the practice of evaluating candidates for Cook County Associate Judge vacancies. In April 1999 the Council submitted to Chief Judge Donald P. O’Connell a list of 34 candidates we recommended as prospective Associate Judges. We also included a list of 59 candidates we could not recommend. To evaluate these 93 candidates, the Council participated in the Alliance of Bar Associations for Judicial Screening ("Alliance"). The Alliance includes the Asian American Bar Association, Cook County Bar Association, Hispanic Lawyers Association of Illinois, Illinois State Bar Association and the Women’s Bar Association of Illinois. We participated in joint interviews and joint investigation of candidates. The Council, however, came to independent conclusions about each of the candidates. Federal Judicial Evaluations. During 1999 the Council evaluated two candidates nominated to fill vacancies in the federal courts in Chicago. Ronald A. Guzman was nominated to become a federal district court judge and Ann C. Williams was nominated to fill a vacancy on the U.S. Court of Appeals for the Seventh Circuit. Both have been confirmed by the U.S. Senate.
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