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http://www.wcbarockford.org

The Magazine of the Winnebago County Bar Association

PRESIDENT’S PAGE-AUGUST 2013 Page 1

BY JEFFERY MAKEEVERWithin our Bar association, and indeed within

many Bar associations across the country, there are proudtraditions that are being observed by a declining number ofour members. The reasons for this decline are notcompletely clear and likely varied. It could be that newermembers are simply not aware that such traditions exist orknow of no one who participates in them. It may also bethat the particulars of such traditions are problematic for agrowing number of our members for one reason oranother, but those who keep to these traditions are loath tochange them through fear of what such changes mightbring. Both of these possible reasons are epitomized byscenes from The Big Bang Theory.

On being ignorant of a proud tradition:

Sheldon: Hello. Yes, the elevator's out of order. You'llhave to use the stairs. [pause] Of course you can. Pizzadates back to the 16th century, while the first elevator wasnot installed until 1852. That means that for over 300years, people carried pizzas up stairs. Be part of thatproud tradition.

The WCBA traditions do not quite date back thatfar (our longest standing tradition is only 68 years old), butthey are still proud traditions in which I would encourageyou to engage. Some of our most publically beneficial areour Community Service traditions. These include theSalvation Army Bell Ringing, our annual food drive Ham itUp for the Holidays, and varying service projects fromyear to year.

The Salvation Army Bell Ringing Tradition allowsus to cover 12 locations around Rockford for one eveningto collect donations for the Salvation Army's efforts to helpthe poor and underprivileged. These red kettles have beenin existence since 1891 when Salvation Army CaptainJoseph McFee committed to feeding 1,000 of SanFrancisco's poorest individuals on Christmas Day. Capt.McFee remembered his sailor days in Liverpool, England,and how at Stage Landing, where the boats came in, therewas a large, iron kettle called "Simpson's Pot" into whichpassers-by tossed a coin or two to help the poor. The nextday he placed a similar pot at the Oakland Ferry Landingat the foot of Market Street. Beside the pot, he placed asign that read, "Keep the Pot Boiling." From that one potthat funded the feeding of 1,000 people on Christmas Dayin 1891, there are today over 4.5 million people in the U.S.served by the funds collected in these red kettles. Be partof that proud tradition.

The Ham it Up for the Holidays Tradition allows

us to purchase hams that are provided to local foodpantries and kitchens. In Winnebago County there areover 25 different food pantries and kitchens that providefood and comfort to the poorest and underprivileged of ourown community. The money for these hams comes fromthe donations of our members and firms, and the effort tocoordinate this Tradition has come from Pete Alexanderfor the past 15 years. With the continuing slowness in theeconomy, the number of people in Rockford that depend onsuch food pantries and kitchens continues to grow. Onlythrough your donations can these hams be purchased. Bepart of that proud tradition.

The Memorial Service Tradition allows us to cometogether annually or semi-annually to honor those in ourprofession who we have lost. This tradition goes to theheart of a professional association, as it does to society asa whole, because it allows us to remember and honor thoseof our fellow attorneys in a caring community. Make nomistake; however, the Memorial Service tradition is forthose of us who remain. It allows us to acknowledge thatthe loss of one of our own is not just a fact, but a feeling. Through the shared stories and remembrances we confirmthat both the deceased and the survivors matter, and thatthe community, our association, will continue. Be part ofthat proud tradition.

The WCBA also has a proud tradition of membersand firms making financial contributions to the WinnebagoCounty Bar Foundation in honor of significant events in ourprofession, e.g. passing the Bar, naming of new partners,election to the Bench , the passing of a member of theassociation, etc. The mission of the Foundation is tosupport and recognize efforts which further strengthen oruphold American jurisprudence within Winnebago County. The money from such contributions is used to grow theendowment so that we can benefit our community foryears to come. Be part of that proud tradition.

The longest standing tradition of the WCBA is theClambake. In the past this tradition included a ChowderNight (Wednesday at the Polish Falcons Club), the FireWatch (all night Thursday at Macktown Forest Preserveand the Wagon Wheel Resort), and the actual Clambakegolf outing, lunch, and dinner outing on Friday. Unfortunately, for several of the past years theparticipation continued to dwindle, Chowder Night was nolonger needed and was lost to the memories of those hadcut potatoes, and even the creosote soaked railroad ties forthe Fire Watch seemed to become a pyre for the likelydeath of this tradition.

It was clear that a change was needed, but whatwould such a change bring?

PRESIDENT’S PAGE Page 2

On being afraid of what changing the details of a traditionmight bring:

Leonard: I'm having dinner with Priya at Raj's. I thinkHoward's going to be there. You want to join us?Sheldon: But tonight's Thursday. On Thursdays, everybodycomes over here and has pizza. Or a reasonable facsimileprepared by someone claiming to be Luigi, but who soundssuspiciously like Jackie Chan.Leonard: Can't we make a one-time exception for tonight?Sheldon: We could. We could also stop using the letter M,but I think that idea is isguided and oronic. [sic]...Leonard: I don't know what to tell you, Sheldon. I'm goingto see Priya. Everyone's over there. You coming or not?Sheldon: Well, no, sir, and do you know why? In a word,tradition. Every Thursday night for the last eight years, youand I and our friends have gathered here in this very spotto break bread covered with cheese and sauce, discuss theissues of the day, and yes, share a laugh or two. But Iguess our rich heritage means nothing to you.Leonard: I guess you're right. See you later.Sheldon: Wait! Leonard! Wait! What am I going to do fordinner?Leonard: Come with me to Raj's and eat there.Sheldon: I can't do that. What if he serves haggis and bloodpudding?Leonard: I really doubt that's what he'll serve.Sheldon: But what if he does? I'll be obliged to dine on liverand lungs stuffed in a sheep's stomach. And frankly, bloodpudding is essentially the same thing. I don't know whyhe's serving both.Leonard: What do you want to do? You want to come withme, or do you want to sit here alone?Sheldon: No, I'll go to your haggis party. But I'm tellingyou, this is adness. This is utter and coplete adness. [sic]

The 68th annual Clambake did not serve haggisand blood pudding, despite the fact that Fire Watch was atthe Adriatic sans a bonfire and the golf was at a rainyRCC. Attendance at both events was up from last year,with nearly 225 members taking part. While I am certainnot everyone is happy with the change, Holly and I heardnothing but positive comments (and we know that most ofus are not shy about letting Holly in on negativecomments). Congratulations to the Clambake Committeeon this brave endeavor; now what about Chowder Night?

As I hope you will agree, traditions have a lot to dowith keeping our association anchored and strong. Theyroot us in the past, give us hope for the future, and provideus endless stories to be told ad infinitum. Be part of theseproud traditions.

Jeffery Makeever is theManaging Shareholder ofthe Rockford office of, andChairman of the IntellectualProperty practice forReinhart Boerner Van Deuren s.c. Agraduate of The JohnMarshall Law School, hewas admitted to the practiceof law in North Carolina in

1997, Illinois in 1998, Wisconsin in 2005, and beforethe Supreme Court of the United States of America in2009. He was also admitted to practice before theUnited States Patent and Trademark Office in 1993. He is the 2013-2014 President of the WinnebagoCounty Bar Association.

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WCBA REPORTING Page4

Being treated unprofessionally?Have you witnessed

unprofessional behavior? Seventeenth Circuit Court

Peer Review CouncilHon. Gerald F. Grubb 815-616-0600

Roberta Holzwarth 815-962-7071Frank Martinez 815-964-7933Azhar Minhas 815-547-5400Keith Morse 815-967-5000

Frank Perrecone 815-962-2700Contact one of the above council members to reportany conduct believed to be in conflict with theSeventeenth Circuit Court’s Statement ofProfessional Aspirations. Reports are confidential! For more details, please visit the Peer ReviewCouncil section on the 17th Circuit’s website: www.illinois17th.com.

THE LAWYER WANTS YOURSUBMISSIONS

The Lawyer is the monthly publication of the WinnebagoCounty Bar Association. This year we are activelyseeking submissions from the membership of anyinteresting or amusing articles. Take an interesting trip? Read a good book? Have a practice tip to share to sharewith the membership? Submit your articles todirector@wcbarockford.org as a Word orWordPerfect attachment and we will publish your workon a space available basis. The deadline is the 15th of themonth prior to publication. If you have questions, callHolly at 815-964-4992.

UPCOMING BOOK CLUB TITLESSeptember 4-The New Digital Age-Eric Schmidt & Jared CohenOctober 2-Inferno Dan BrownNovember 6-Loves Executioner-Irvin D. Yalom

Read the book, bring your lunch and join the BookClub for discussion at Noon these dates. Everyone iswelcome!

WANT YOUR SMILES!RCL Portraits will be taking pictures of our

members at the bar office on September 3, 4, 5 & 6. Thepictures will be used for the WCBA to update our onlinedirectory. You will also have the opportunity to purchasepictures, if you choose. There is no cost to participate. Tomake your appointment, please call RCL at 512-266-8921 or (1-800-580-5562).

PRO BONO SPOTLIGHTOn May 28, 2013, Prairie State Legal Services

hosted its Annual Pro Bono Recognition and CampaignCelebration at the downtown Rockford Bank & Trust. Illinois Supreme Court Chief Justice Thomas Kilbride wasa special guest at the event. During the celebration PrairieState Legal Services presented the 2012 Volunteer Lawyerof the Year award. Chief Justice Kilbride presented the2012 Volunteer Lawyer of the Year award to Ms. LauraMcGarragan.

Laura McGarragan has been an attorney in PrairieState Legal Services' Volunteer Lawyer Program for 5 years. During this time she has represented 14 clients in bankruptcycases. In all of these cases, the bankruptcy dischargeeliminated utility debt which was threatening the client'sability to remain in their existing housing or preventing themfrom getting into housing. The bankruptcy discharge alsoallowed them a fresh start. Her pro bono assistance wasinstrumental in stabilizing these families. Within the14families there were a total of 20 adults and 24 children whobenefitted from her representation.

An example of her commitment to those in need: Recently a single mother with 4 children had been acceptedinto subsidized housing. When it was discovered she had alarge ComEd bill, she was unable to get the subsidized unitas she had planned. The amount she owed ComEd had beentransferred to her account when her mother passed away. She had no way of paying the large amount that was due. She came to Prairie State Legal Services for help. TheVolunteer Lawyer Program coordinator immediatelycontacted Laura McGarragan, who gladly accepted the case. Laura had the bankruptcy petition filed within 2 days andsaved the client's subsidized housing. The client continuesto live in the unit with her 4 children.

Laura never turns down a request for pro bonorepresentation. She is always eager to help. Most recently,when called for assistance, she responded with "I have agreat staff, send me 3 cases!" She exemplifies what it meansto give quality, pro bono work to legal services clients. Shecontinues to be a great friend and supporter of Prairie State!

A special thank you to Rockford Bank & Trust forsponsoring this event.

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SUPREME & APPELLATE COURT REVIEW Page 6

CRIMINALILLINOIS SUPREME COURT

People v. Lacy, 2013 IL 113216 (July 11, 2013) (J.

Burke) (Cook Co.): Speedy Trial

The supreme court granted the State’s PLA todecide whether the trial court erred by granting the State’stwo separate motions for continuance prior to trial underthe speedy trial statute for two separate witnesses, for twodifferent reasons, at different times, who were temporarilyunavailable, which together totaled more than 60 days(which is in excess of the statutory period). The supremecourt reversed, concluding that the State was entitled toseek one continuance of not more than 60 days undersection 103-5 of the speedy trial statute to obtain thetestimony of each witness, so long as those continuanceshad separate justifications under that statute.

J. Garman (with Theis) dissented, opining that themajority’s interpretation of the speedy trial statute wasincorrect.

ILLINOIS APPELLATE COURT

1st District

People v. Lard, 2013 IL App (1st) 110836 (June 28,

2013) (P.J. Harris) (Cook Co.): Confrontation Clause

The defendant appealed following his convictionfor residential burglary, arguing that his constitutional rightto confrontation was violated because the trial courtadmitted the preliminary hearing testimony of aninvestigator who died prior to trial. The appellate courtaffirmed, concluding that the defendant had an adequateopportunity to cross-examine the witness at the preliminaryhearing, given that the defendant produced no evidence ofany beneficial information that would have been elicited ifhe were allowed to cross-examine the witness at trial.

2nd District

People v. McGowan, 2013 IL App (2nd) 111083

(June 17, 2013) (J. Hutchinson) (Kane Co.): Sentencing

The defendant appealed from his 120-year prisonsentence for breaking into the home of and raping a 75-year old woman. The appellate court affirmed, concludingthat in light of all the factors in aggravation and mitigation,the sentence was not excessive: “Although we agree thatan opportunity for rehabilitation should be granted in mostcases, the trial court found that the circumstances heredictated otherwise. We cannot conclude that the trialcourt’s assessment constituted an abuse of discretion.”

People v. Maiden, 2013 IL App (2nd) 120016 (June

18, 2013) (J. Booras) (Lake Co.): Section 2-1401

The defendant appealed from the trial court’s suasponte dismissal of his section 2-1401 petition, arguing thatthe court acted prematurely in so doing. The appellatecourt agreed, concluding as follows:

“Absent a specific motion, responsive pleading, orexplicit statement of a waiver of improper service and anaffirmative statement that no motion or responsive pleadingwould be filed, the State did not waive an objection to theimproper service and was not yet in default for failing toanswer or otherwise plead. As a result, the 30 days forthe State to file a responsive pleading never commenced,and the trial court acted prematurely when it dismissed thepetition sua sponte.”

People v. Dismuke, 2013 IL App (2nd) 120925 (June

19, 2013) (J. Zenoff) (Kane Co.): Speedy Trial / Compulsory Joinder

The State appealed from the trial court’s dismissalof its charges that the defendant was an armed habitualoffender and a felon in possession, arguing that the trialcourt erred by dismissing its charges on speedy trialgrounds. The appellate court affirmed, concluding thatwhen the defendant was charged in a separate case withpossession of cannabis, the speedy trial clock began to run;the charges arose out of a single act within the meaning ofthe compulsory-joinder statute. As such, the State wasrequired to charge the defendant with all of the offensesarising therefrom in a single prosecution.

People v. Null, 2013 IL App (2nd) 110189 (June 20,

2013) (J. Birkett) (Boone Co.): Other-Crimes Evidence / Sentencing

The defendant appealed following his convictionfor the first-degree murder of his wife, and subsequent 50-year prison sentence. The defendant argued that the trialcourt erred by admitting his prior acts of domestic violenceand that his 50-year sentence was excessive. Theappellate court affirmed, concluding that (1) the trial courtdid not err by admitting his prior acts of domestic violence,given that those acts were properly admitted to show hisintent, motive, and lack of mistake, and (2) his 50-yearsentence was not excessive in light of the fact that hisviolent conduct continued even after he was providedopportunities to change.

People v. Sanchez, 2013 IL App (2nd) 120445 (June

21, 2013) (J. Schostok) (Kane Co.):Mens Rea

SUPREME & APPELLATE COURT REVIEW Page 7

The defendant, an illegal alien, appealed from herconviction for identity theft (using a false social securitynumber to obtain a job), arguing that she lacked the mensrea required to support her conviction because she did notknow the SS number actually belonged to anotherindividual. The appellate court reversed, concluding that“none of [the] evidence” supported the defendant’sconviction for knowingly using a SS number belonging tosomeone else – thus, the required mens rea was absent.

J. Birkett dissented, opining that the majority erredby simply accepting the defendant’s claim that she wasunaware that the SS number she used was assigned tosomeone else. 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.

CIVILAll American Title Agency, LLC and TitleZone, LLC v. Illinois Department ofFinancial and Professional Regulation, 2013 IL App (1st) 121975

In All American Title, the First District of theIllinois Appellate Court held that the IDFPR's decision wasnot clearly erroneous where the evidence presenteddemonstrated that a title agency was untrustworthy.

All American Title Agency and Title Zone weretitle agencies operating in the Chicago-land area. AllAmerican and Title Zone were owned in part by a CharlesWhite, who engaged in a 'mortgage rescue' business.White's business involved approaching underwaterborrowers, offering to buy their property and then leasingit back while the borrowers rebuilt their financial lives.White's purported goal was to eventually sell the propertyback to the underwater borrowers once they werefinancially stable.

In order to buy the underwater properties in thefirst place, White used five different title agencies, each ofwhich he was associated with. In the HUD-1 settlementstatement created by each title agency, White used hisinfluence at the business to direct substantial proceedsfrom the sale of the property to a third party entity that heowned and controlled. The proceeds that were misdirectedwere equity that the underwater borrowers were otherwiseentitled to. In some instances, White was able to redirect

between $50,000 and $125,000 dollars per transaction tohis third party entity. After the closing of a particularunderwater sale, one of the mortgage lenders reported thesuspicious activity to the Illinois Department of Financialand Professional Regulation.

Following an investigation, the IDFPR enteredorders revoking the title agency registrations of thebusinesses involved after it found that the agencies haddemonstrated untrustworthiness or incompetency inproviding title services. All American Title and Title Zoneappealed. After an evidentiary hearing, the IDFPRsustained the revocation of All American Title and TitleZone's registrations. Those title agencies appealed to thecircuit court of Cook County, which again sustained therevocation of the registrations. Undeterred, the titleagencies appealed to the First District of the IllinoisAppellate Court.

The appellate court found that the IDFPR'sdecision was not clearly erroneous, and therefore thedecision could not be overturned. In reviewing the recordof the proceeding, the IDFPR's decision was a mix of bothfacts and legal standards, requiring review under a "clearlyerroneous" standard. Within the record, the appellate courtfound evidence of checks to White's third party business,multiple HUD settlement statements showing differentdistributions and HUD approval stamps where no approvalhad been given. Based on that information in the record,the appellate court found that revocation of the titleagencies' registrations was warranted as the evidencecould have clearly established an untrustworthiness orincompetency in providing title services.

The appellate court upheld the decision of thecircuit court.

Sutton v. Ekong, 2013 IL App (1st) 121975

In Sutton v. Ekong, the First District of the IllinoisAppellate Court held that personal jurisdiction was notproper where a plaintiff failed to conduct a diligent inquiryinto the defendant's whereabouts, which would otherwisehave led to the discovery of the defendant's businessaddress.

Sutton was injured in a car accident caused byEkong's failure to properly stop his vehicle. Ekong's failuretriggered a chain of collisions culminating in Sutton'sinjuries. Sutton later filed a negligence complaint againstEkong.

To effect service, Sutton sent a deputy sheriff toEkong's personal residence in Chicago. The sheriff'sdeputy was unable to make contact, and the summons andcomplaint were returned as "no contact." In response,Sutton filed a motion to appoint a private detective agencyas a special process server, which was granted. Over a

SUPREME & APPELLATE COURT REVIEW Page 8

period of 7 days, the private detective agency attempted tolocate Ekong at his personal residence, but was unable toobtain service of the summons and complaint. Thedetective agency went to Ekong's personal residence ontwo different occasions. On the first occasion, the personanswering the intercom refused to come to the door. Onthe second occasion, the person answering the intercomreported that Ekong was not home and further refused tocome to the door. Following the detective agency'sattempts, Sutton filed a motion to specially serve Ekongthrough the Illinois Secretary of State, asserting that suchservice was consistent with due process, despite Ekongbeing a resident of Illinois. The trial court granted Sutton'smotion to serve Ekong through the Illinois Secretary ofState, which was duly accepted by the Secretary of State.Sutton then obtained a default judgment against Ekong fornearly $200,000 in damages, and then sought to serve acitation to discover Ekong's assets. In attempting to servethe citation, Sutton discovered Ekong was an osteopathicdoctor who operated out of a business address in Chicago.Sutton served the citation to discover assets on Ekong athis business address, and obtained personal service. Ekong filed a petition to vacate the default judgmentagainst him in the trial court, arguing that the service wasnot proper. The trial court denied Ekong's petition to vacateand found that service upon him through the Secretary ofState conformed with principles of due process. Ekongthen appealed to the appellate court, seeking again tovacate the default judgment against him and quash theservice of process arranged through the Illinois Secretaryof State. Ekong argued that service through the IllinoisSecretary of State was improper because such service isonly permissible for nonresidents of Illinois. Here, Ekongwas a resident of Illinois. Ekong also argued that Suttonhad not made a diligent inquiry into Ekong's whereaboutsin seeking service.

The appellate court agreed with Ekong, finding thatSutton had failed to conduct a diligent inquiry in attemptingto locate him. Addressing Ekong's first argument, theappellate court stated that service of process on Ekong viathe Illinois Secretary of State was not improper simplybecause Ekong was an Illinois resident. The appellate courtstated that special service through the Illinois Secretary ofState, approved by the trial court, was not improperbecause the trial court had approved that form of serviceof process. However, the fact that Sutton failed to discoverEkong's business address doomed Sutton's defaultjudgment. The appellate court found that Ekong's businessaddress was listed in the yellow pages of the phone book.In failing to look for Ekong's business address, Sutton hadnot made diligent inquiry into Ekong's location. Therefore,

the appellate court found, special service on Ekong wasimproper because there were unexplored avenues ofnormal service of process. Service on the Illinois Secretaryof State was improper because Sutton had not attemptedservice at Ekong's business address, and had thus notcomplied with the requirements of due process.

The appellate court reversed the decision of thecircuit court.

Marc C. Gravino is a partner in the law firm of WilliamsMcCarthy LLP. A graduateof the University of Wisconsin-Madison School of Law, he was admitted to the practiceof law in Illinois in 1988.

Daniel A. Huntleyis an associate with the firm of WilliamsMcCarthy LLP. A graduate of Indiana University Maurer School of Law, he was admitted to the practice of law in Illinois in 2012.

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Winnebago County Bar AssociationMemorial Service

Thursday, October 17, 20134:00 p.m.

Winnebago County Board Room

Honoring:

Armour BeckstrandAdam Brenner

Vern DavittJohn LayngPeter Nolte

Kenneth Palmerand

Roger Reno

FROM THE EDITOR Page 12

BY NICK MEYERAside from torrential downpours (for which I

blame Holly) and a very brief but frightening period oftime when there was no beer on the golf course, myClambake experience was superb. I still have nightmares where I am huddled withmy foursome underneath the tree at second hole tee boximmersed in what I am quite sure was an intellectuallystimulating conversation, when we all realize that we areat great risk of finishing our beers and having no access toreinforcements. Panic sets in. I search the sky for a sixpack of Bud Light attached to a parachute. Surely theNational Guard has been notified that there are fourgolfers perilously close to sobering up at Clambake -nothing short of a tragedy. I see nothing but ominousclouds blocking any hope at a rescue from above.

Five hundred yards away stands the clubhouse. Itsshape is blurred by the monsoon, but there it stands. It isso close, but we are cut off. A retreat to the clubhouse istoo risky. I just bought the golf shirt I am wearing. Thereis no way I am going to get it all soaking wet. Then Iwould be uncomfortable all day. And the colors might runtogether. And I would be cold. Horrible, horrible. I don'teven want to think about it.

I curse the golf gods. I am pretty sure this is howLes Stroud feels when he spends a week stranded on adesert island. At least Bear Grylls has the foresight toreserve a hotel room so he has access to the hotel bar. ButI digress.

So there we are, four of us staring at our emptycans of beer in silence. Inexplicably, our jokes are nolonger funny. Our quick-witted banter is now just a seriesof awkward attempts at humor via quotes from "CaddyShack." That intelligent conversation we were having wasapparently not really that compelling. Depression starts tocreep in. Nothing is worse than the realization that you arehumorless, dimwitted, and dumb. We really need a beer.

And just when all hope is lost, the clouds part. The one hundred year storm dissipates. I can see theparking lot. What is that? A large truck of some sort. Is it?Can it be? No. Yes! A beer truck. We are saved! I hearshouts of joy. Someone squeezes off a few celebratorygunshots in the air. At the time I thought it was odd thatsomeone would be packing heat at the Clambake. As itturns out, the gunshots weren't coming from the golfcourse. The effect was nice nonetheless.

At any rate, we popped open another beer andplayed on. Then it rained again about an hour later and wewent inside for lunch. Whereupon, I had a cheeseburgerand potato salad. The end.

Nicolas Meyer is associated with thefirm of Meyer & Horning. A graduateof The John Marshall Law School, hewas admitted to the practice of law inIllinois in 2008. He is the 2013-2014Editor of The Lawyer.

Lawyer A

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storage unit, 7 letter-sized 5-drawer file c abinets, 2

letter-sized 2-draw er file cabinets, 2 legal-sized 5-drawer

file cabinets, 4 office partitions, large conference table with

6 chairs, 6 client chairs, Toshiba telephone system (6

phones) , microwave, refrigerator, vacuum cleaner, 2

computers (1 HP, 1 Dell), 2 printers, typewriter, brass coat

rack, brass spittoon, various office and cleaning supplies.

This list is only a sample of the many treasures available.

Sale dates: Th ursday, August 25, 11-5; Friday

August 26, 9-3. One Court Place, Suite 101. Pr iced to

sell. No reasonable offer refused. Owner: Nancy

Mindrup. 815-316-1101.

Rochelle Office242 May Mart Dr.Rochelle, IL 61068ph: (815) 562-4132fx: (815) 562-4133

Oregon Office119 S. 4th St.Oregon, IL 61061ph: (815) 732-2445fx: (815) 732-3742

Belvidere Office417 South State St.Belvidere, IL 61008ph: (815) 544-2222fx: (815) 544-2244

Roscoe Office4908 Hononegah Rd.Roscoe, IL 61073ph: (815) 623-3400fx: (815) 623-3260

Mulford Office1235 N. Mulford Rd.Rockford, IL 61107ph: (815) 227-9800fx: (815) 227-9808

Byron Office117 S. LafayetteByron, IL 61010ph: (815) 234-4440fx: (815) 234-4454

Waterside Center126 North Water St.Rockford, IL 61107ph: (815) 964-9800fx: (815) 964-0084

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WCBA REPORTING Page 4

Being treated unprofessionally?

Have you witnessed

unprofessional behavior?

Seventeenth Circuit Court

Peer Review Council

Hon. Gerald F. Grubb 815-516-2458

Roberta Holzwarth 815-962-7071

Frank Martinez 815-964-7933

Azhar Minhas 815-547-5400

Keith Morse 815-967-5000

Frank Perrecone 815-962-2700

Contact one of the above council members to report

any conduct believed to be in conflict with the

Seventeenth Circuit Court’s Statement of Professional

Aspirations. Reports are con f id e ntial! For more

details, please vis it the Peer Review Council section

on the 17th Circuit’s website: www.illinois17th.com.

WCBA BOOK CLUB?Is anyone interested in participating in a Book

Club? My thought is that the group would meet over the

lunch hour at the Bar office. It would be an informal

book club which w ould meet at a regular time over the

noon hour each month with members bringing their own

lunch. The books for discussion would be chosen by the

members and would be chosen at least two months in

advance so that participants would have time to find and

read the book. The members could prepare their ow n

questions or use the internet ( or other places) to find

ques tions. There would no limitation on the type of book,

fiction, non-fiction, best sellers, c lassics, paperback, hard

cover, nook, etc. (Do you believe that a roomful of lawyers

would have trouble conducting a discussion?) Holly has

agreed to let use the Bar office for our meetings. If you

are interested, email Holly. Holly's email address is

director@wcbarockford.org. At some point Holly will give

us a s pecific time of the month so if there is a noon hour

that does not work for you, let her know. There will be no

officers, minutes, reports, and no one is taking attendance!

If we have enough interest our first meeting will be in

September, 2011. Let her know if you have a suggestion

for the first book.

Barbara Vella, bgvella@yahoo.com

REAL ESTATE CONTRACTSThe Real Estate Contract forms are now available

on the WCBA website . You will need to be a member of

the association and have a login to access them. If you do

not know your login, pleas e c all Holly (815)964-4992 or

email her at director@wcbarockford.org. Many thanks to

Keith Hyzer and Tom Wartowsk i for working on

providing this additional benefit to our members.

DUES STATEMENTS

HAVE BEEN MAILEDDues statements for 2011-2012 have been mailed to

all current members. Dues are payable by July 1st. Help us

hold down costs and pay with the first notice! If you did not

receive a statement, please call the bar office. 815-964-

4992. Please fill our your committee preference sheet and

return it with your dues.

CLAMBAKE 2011 UPDATES!

BACK BY POPULAR DEMAND

CLAMBAKE GOES OLD SCHOOL AND WILL

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Free drinks until the budget runs out!

Bring your cutting boards and knives and help

make chowder for lunch at Clambake on Friday.

RESERVE YOUR (COOK YOUR OWN)

STEAK FOR FIREWATCH

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LEARN WITH THE JUDGES Page 13

Domestic Violence is an ever increasing problemin our community. This is a problem to which our societymay no longer turn a blind eye or deaf ear. As a result,court system involvement is growing at a shocking rate. Just last year alone, there were over 1200 new felony andmisdemeanor cases assigned to my Domestic Violencecourtroom.

To better address this problem, our Circuit Courtpersonnel, including judges, are going to receive specialtraining through a program sponsored by the 17th CircuitDomestic Violence Coordinated Courts. You, as family,criminal or general practitioners who handle cases that dealwith domestic violence, are also invited to attend.

The program entitled, "Enhancing a CoordinatedResponse to Domestic Violence in a Court Setting," isbeing offered free to all interested attorneys and courtpersonnel. It will be presented on September 26 andSeptember 27, 2013, in duplicate training sessions. Participants need only attend either the Thursday or Fridaysessions, NOT BOTH!

HOW IMPORTANT IS THIS TRAINING?(1) Almost every judge from Winnebago and Boone

Counties will be in attendance.(2) Courthouse personnel, including clerks and bailiffs

are being invited to attend.

(3) MCLE credit approval pending(4) If you are a Family Law GAL or Family Law

Mediator, you will also receive domestic violencetraining credit.The training will be conducted by nationally

recognized experts in the field of domestic violence and isbeing facilitated by the National Council of Juvenile andFamily Court Judges.

The program will be held at Klehm Arboretumwith registration beginning each day at 8:30 AM. Theprogram runs until 5:00 PM each day. Lunch is on yourown.

Seating for each session is limited. If you areinterested in attending and learn along with the Judgesreserve your seat now by contacting Domestic ViolenceCoordinated Courts Resource Coordinator Leann Duncan. She may be contacted by e-mail: lduncan@wincoil.us ortelephone: (815) 516-2486.

Hon. Randy Wilt is an AssociateJudge with the 17th Judicial Circuit. A graduate of Loyola UniversityCollege of Law, he was admitted to the practice of law in Illinois in1980. He is a member of the EditorialBoard of The Lawyer.

PRACTICE TIP Page 14

What to Expect at an Abuse & Neglect SheltercareHearing

BY BRAD TENGLERIf a client has been reported to DCFS for the

abuse or neglect of his child, he will most likely be facinga lengthy series of court hearings. The very first hearing iscalled a "shelter care hearing". A shelter care hearing is anemergency hearing at which a judge will determinewhether allowing the child to remain at home will presenta danger to the child, and whether or not DCFS shouldtake protective custody for an extended amount of time. The following describes what your client should expect ata shelter care hearing.

Evidence concerning abuse/neglect: At thispoint in the court proceedings, DCFS has investigated areport that your client may have abused or neglected hischild and submitted that report to the police department andState's Attorney. DCFS may have already taken protectivecustody of your client's child. The shelter care hearingallows for any and all evidence, including hearsay,concerning the safety of the child gathered by DCFS thusfar to be presented to the judge. DCFS is obligated to workdiligently to gather all available evidence, whether it beindicative of abuse/neglect or not. The purpose of suchinvestigation is not to prosecute the parent, but to discoverthe truth and provide an accurate presentation of theevidence to the judge.

Probable Cause: The State's attorney has theburden to prove at the shelter care hearing that there isprobable cause to believe that your client's child has beenabused or neglected. The State is not obligated to provethat your client abused or neglected his child, only that thechild was abused or neglected by anyone at all. If the judgedetermines that there is probable cause to believe yourclient has abused or neglected his child, the judge will thendetermine whether or not the child should either beremoved from your client's care or if the child shouldremain in protective custody if the child has already beenremoved from your client's home.

Urgent and Immediate Necessity forRemoval: After the court finds probable cause, the Statemust then prove that urgent and immediate necessity existsfor the safety and protection of the minor to remove thechild from your client's care. The State must also provethat either reasonable efforts were made to prevent oreliminate the necessity of removal of the child from yourclient's home or the reasons why no efforts could be madeto prevent or eliminate the necessity of removal.

Temporary Placement: If the trial court findsthat urgent and immediate necessity exists to remove thechild from your client's care, the trial court will grant DCFS

temporary custody of the child with the discretion to placethe child in traditional foster care or, when appropriate,with a responsible relative. It is important to rememberthat child placement determined at a shelter care hearingis only temporary, and may be subject to change dependingon several factors. Your client is still entitled to a full trialon the underlying allegations of the Neglect Petition.

Brad Tengler is a solepractitioner. A graduate ofNorthern Illinois UniversityCollege of Law, he wasadmitted to the practice oflaw in Illinois in 2009.

WCBA Family Golf Outing &

DinnerSeptember 19, 2013

Golf at Aldeen, Tee Times begin at 1:00 p.m.

Dinner at Garrett's Cocktails 6:30 p.m.Dinner 7:30 p.m.

Dinner Choices:Garrett's Grilled Bistro Steak

Lemon Chicken PiccattaCrab Encrusted Walleye

Slow Roasted Baby Back Ribsor

Angel Hair Pomodoro (Vegetarian)

Each golfer pays for golf at the course. Dinner $35.00-Please make reservations to the WCBA with payment for dinner by 9/16/2013

Please let Gerry Shelton know who is in your foursomeif you are golfing

17th CIRCUIT COURT HOLIDAYS 2014 Page 15

WINNEBAGO COUNTYJanuary 1 New Year’s Day WednesdayJanuary 20 Martin Luther King Jr. Day MondayFebruary 17 Washington’s Birthday MondayMay 26 Memorial Day MondayJuly 4 Independence Day FridaySeptember 1 Labor Day MondayOctober 13 Columbus Day MondayNovember 11 Veteran’s Day TuesdayNovember 27 Thanksgiving Day ThursdayNovember 28 Thanksgiving Holiday FridayDecember 24 Christmas Holiday WednesdayDecember 25 Christmas Day Thursday

BOONE COUNTYJanuary 1 New Year’s Day WednesdayJanuary 20 Martin Luther King Jr. Day MondayFebruary 17 Washington’s Birthday MondayApril 18 Spring Holiday FridayMay 26 Memorial Day MondayJuly 4 Independence Day FridaySeptember 1 Labor Day MondayNovember 11 Veteran’s Day TuesdayNovember 27 Thanksgiving Day ThursdayNovember 28 Thanksgiving Holiday FridayDecember 24 Christmas Holiday WednesdayDecember 25 Christmas Day Thursday

Winnebago County Bar AssociationGeneral Membership Meeting

October 16, 201312:00 Noon, Forest Hills County Club

Guest SpeakerMagistrate Iain Johnston

Lunch & Program $20.00-Reservations Required by October 11, 2013

Name(s)Amount Enclosed $Please circle the names of those preferring a vegetarian meal

CLASSIFIED Page 16

Storage Garages Available Storage space for your vehicle,boat, camper or classic car. Four garages available, each$50.00 per month. Close in. Call (815) 399-2860

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. meetingarea. 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 of all

brick building. Two blocks from Cherry Vale. Call

815 703 8269.

Office Space 2000 square feet of space for offices. $9 persquare foot. Contact Dan Gilbert 815-332-9600 or emaildtgilbert@barrettand gilbert.com.

For Lease: Lease a spectacular loft or townhome in thedowntown area. Garrison lofts feature high ceilings, granite,stainless appliances and hardwoods. Morrissey Lofts much ofthe same plus a roof top river view w/ huge outside deck.Townhomes offer 12' Douglas fir beamed ceilings, stainlessappliances, and granite along with attached garages. Contactproperty manager Kathleen Kline at 815.381.1107 orka th leenk@dickersonnieman .com. Vis i t u s a twww.garrisonlofts.com or www.garrisontownomes.com.

Legal Services: Evaluation, analysis, and summarization ofmedical records. Very experienced. Medical background.Competitive hourly rate. Quick turnaround. Call 815/399-2860.

Elegant office space available for 1 or 2 lawyers and staff at1707 E. State Street, Rockford. Call Steve Zimmerman at815-399-1400.

Office Space Available: 1,360 square feet conveniently locatedin the historic William Brown Building at 226 South Main Street. The space features hardwood floors, exposed brick, conferenceroom with kitchenette, 200 AMP service, and T1 line isavailable. Contact Linda Cooper at 815-963-7473 or emaillcooper@williamcharles.com

Modern Office Space On the River: Modern Office Space,Morrissey Building. Two floor plans, suitable for 1 to 4attorneys. Pleasant atmosphere. River views. Phone systemstays in large suite; negotiable in other. Kitchen/Break areaincludes walk-out deck. Worth a look. Call Joe or BillMorrissey, 815.965.5505

Office space available728 North Court St Rent is $250 permonth. The rent includes all utilities, off street parking by theentry door, conference room, DSL and a wireless connection. The tenants in the building, besides myself, are two otherlawyers and a CPA. Call Ken Ritz at 815-962-5717

Office Space: Spacious professional and secretarial officeswith shared reception and conference rooms for rent. Space isin Victorian converted home at 1318 E. State Street, Rockford

occupied by four other attorneys. Call Joseph Olsen at815-965-8635 for details.

Office Space with Character. 838 North Main Street.Large law office, secretarial and greeting area,library/conference room. Utilities and off street parkingprovided.$705. Call Peter DeBruyne at 815-9643810.

For Sale: 8 NEW HP LaserJet Ink Cartridges Model: 36A. These cartridges are no longer useful in our office sothey are for sale at $35 each. Call: Francine B. White &Assoc. 815.963.2333 for more information.

Office Space: One Court Place, Suite 203, Condo for sale

and/or space rental. Dennis Leahy 815-964-9600.

Arbitrator Training Seminar, Thursday,

September 5, 2013, 1:30 p.m. - 4:00 p.m.

(Check-in 1:15 to 1:25)

ADR Center, Stewart Square, Suite 25

308 West State Street, Rockford, IL 61101

This training seminar is open to all attorneys interested in

serving as an arbitrator in the 17th Judicial Circuit (Boone

and Winnebago Counties) Court-Annexed Mandatory

Arbitration program. Attorneys must qualify pursuant to

Supreme Court Rule 87 and Local Rule 2(a), which

includes maintaining an office within the 17th Judicial

Circuit.

THERE IS NO CHARGE FOR THE TRAINING SESSION,HOWEVER, ATTENDEES MUST COMMIT TO SERVING AS

FUTURE ARBITRATORS. IF YOU HAVE QUESTIONS, PLEASE

CALL THE ADR CENTER AT 815-987-7739.REGISTRATION DEADLINE IS AUGUST 26, 2013.SEATING IS LIMITED. MAKE YOURRESERVATION BY RETURNING THE COMPLETEDFORM TO: ADR Center-Stewart Square, Suite 25-308West State Street-Rockford, IL 61101-or-FAX: 815/987-7817

NAME:

FIRM:

BUSINESS ADDRESS:

BUSINESS TELEPHONE NUMBER

EMAIL ADDRESS:

ARDC #:

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222 North Rockton Avenue | Rockford Illinois 61103 | 815.963.6491 | fax 815.963.5647 fax 815.963.5647 | AdamsDoesMail.com

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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