21 February 2006
From: Executive Director, Malcolm Rich
To: Members/Friends of the Chicago Council of Lawyers
     & the Chicago Appleseed Fund For Justice

The Council is completing its evaluations for candidates on the March 21st judicial ballot. We will be sending you within the next ten days a special E-Newsletter announcing our results. The Council’s evaluations, including written explanations, will be posted on our website, www.chicagocouncil.org, as well as on the website, www.voteforjudges.org. Voteforjudges.org is the non-partisan voter education website and campaign sponsored by Chicago Appleseed.


In this e-Newsletter:

Policy Statement: Council Supports Federal Legislation That Would Adopt Journalist/Source Privilege

The Chicago Council of Lawyers supports federal legislation that would adopt a journalist/ source privilege that applies to the federal government. We do so because such a privilege would promote the free flow of information to the public about the workings of the government. It would assist the press and other media to be a watchdog on the operations of the federal government.

We have reviewed both Senate Bill 1419 and House Bill 3323 (parallel bills that would adopt such a privilege.) We understand they would create a presumption that information a journalist learns but does not publish, as well as a journalist’s confidential source, should not be the subject of mandatory disclosure, except in rare instances. We read both to give broad protection to a journalist’s confidential source, and support that protection.

The Council also makes two suggestions on the language of these bills:

National security
In order for a source to be disclosed, there must be a showing that disclosure of a source only when it would prevent imminent and actual harm to "national security." Because the term "national security" is vague and can be read broadly, we recommend that the statutory language be "imminent and actual substantial harm to national security."

Criminal cases
The section dealing with the applicability of the privilege to criminal proceedings requires the court to determine both that:

1) there are "reasonable grounds to believe that a crime has occurred," and

2) the information sought is "essential to the investigation, prosecution or defense" of the criminal charge.

This language would require that a criminal defendant, who seeks reporters’ documents or information, prove that there are "reasonable grounds to believe that a crime has occurred." Instead, the bill should provide that when a criminal defendant seeks such information, he need only prove the second element listed above.

Gordon Waldron

Chair, Chicago Council of Lawyers Civil Liberties Committee 



VoteForJudges.org Kicks Off a New Season on February 23

With judicial election primaries right around the corner in March, we are gearing up for our new Vote For Judges campaign! At a reception hosted by Chuck Smith and Skadden Arps Slate Meagher & Flom LLP, we'll discuss the importance of an impartial judiciary and the future of voter education in Cook County. The reception is Thursday, February 23rd at 4:30 p.m. If you have not confirmed your attendance, please do so by February 22nd. See you there!



Chicago Appleseed and the Council have a new look!
A message from Development Director, Amanda Grant

Greetings!

With a hint of spring outside, change is in the air.  In line with the season, big changes are in store for both Chicago Appleseed and the Council of Lawyers.  We're excited about upcoming projects and events, and we hope you are, too!

To better serve the public, we've created new websites for each organization.  Each site contains an easy to navigate listing of current projects, and a library of past reports and press releases.  The Chicago Appleseed site contains a listing of past reports as well as updates on current projects.  The Council site has an on-line judicial evaluation form and our policy and advocacy statements.

View the Council website at: www.chicagocouncil.org

View the Chicago Appleseed website at: www.chicagoappleseed.org

Keep watching for more information on reports and events from Chicago Appleseed and the Chicago Council of Lawyers.  As the year continues, expect more innovation, events and advocacy from both organizations.  Have a great day!

Sincerely,

Amanda Grant
Development Director

Chicago Appleseed Fund for Justice

email: agrant@chicagoappleseed.org