dcba brief...brief. summer is a hazy memory in the rear-view mirror, and the spirits of halloween...

DCBA BriefThe Journal of the DuPage County Bar Association

Volume 32, Issue 2 | October 2019

Illinois’ Cannabis Regulation and Tax Act

DCBA Brief October 2019 1

Articles 8 Up in Smoke? Expunged Cannabis-Related Criminal Records May Continue to Haunt Job Applicants - By Steven J. Uhrich, Esq.

12 The Cannabis Regulation and Tax Act: The Impact on Employers - By Brian M. Dougherty

18 The Effect of Illinois’ Decriminalization of Cannabis on Criminal Records

- By Hannah V. Garst, Esq. and Bryant Chavez, Esq.

26 Illinois Law Update - Editor James L. Ryan

Table of ContentsChristopher J. MaurerEditor-in-Chief

Dexter J. EvansAssociate Editor

Editorial BoardAnthony AbearJolianne W. AlexanderAnnette K. CorriganBrian M. DoughertyAlex FawellAnne C. FungTimothy A. HickeyRaleigh D. KalbfleischTimothy J. KleinAndrea L. KmakRachel E. LegorretaClarissa R.E. MyersJane E. NagleJoseph K. NicheleAzam NizamuddinJohn J. Pcolinski, Jr.Jay M. ReeseArthur W. RummlerJames L. RyanJordan M. SartellDavid N. SchafferEdward R. Sherman

Jacki Hamler Publication Production

Ross Creative Works Graphic Design

Fuse/KelmscottPrinting

Volume 33, Issue 2October 2019

www.dcbabrief.org

14 GAL Training Program

30 I nBrief - By David N. Schaffer

31 October Bar Notes - By Robert Rupp

32 ISBA Update - By Kent A. Gaertner

34 Meet Judge Fleming - By Clarissa R. E. Myers

36 It’s Time to Clean Out Those Closets! Lawyers Lending A Hand Coat Drive Set For November

38 Meet the Honorable George A. Ford - By Jay M. Reese

39 Legal Aid Update - By Cecilia Najera

43 Classifieds

44 Where to be with DCBA

3 Editor’s Message

5 President’s Message

LLH provides non-legal pro bono assistance throughout the year, sometimes as a family affair. Seen here assisting “Feed My Starving Children” are Judge Brian Diamond with his wife and son, attorney James Kassir with his two sons, Eddie Wollenberg, attorney Keith Jones, Judges George Ford, Kenton Skarin and Paul Marchese.

21 Special Feature: DuPage Bar Foundation Annual Report

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Welcome to the October edition of the DCBA Brief. Summer is a hazy memory in the rear-view mirror, and the spirits of Halloween are now looming before us. With respect to Halloween, there has been a recent push on the internet to move the date on which it occurs. Instead of Halloween always being on October 31st, certain internet influencers are clamoring to reschedule it to the last Saturday of October.

Why? What’s the impetus to meddle with such a sacrosanct American tradition as All Hallows Eve? Digging into the source of this odd prayer for relief, one finds that it’s not coming from parents concerned about rushing home early from work for weekday trick-or-treating. Nor is it coming from a league of macabre party-goers intent on nursing their post-Bacchanalian hangovers on a Sunday.

Using the old Watergate-era mantra, “follow the money”, one discovers that this push for Saturday Halloween (Satur-Ween?) arose from a change.org petition filed by an obscure consortium of rubber-mask manufacturers and purveyors of skimpy devil outfits - the Halloween & Costume Association. Halloween on Saturday means more kids trick-or-treating, more revelers reveling, more stifling masks and tacky costumes sold, and more money in the pockets of the costume industry. Suffice it to say, even ghosts and goblins are not wholly immune to the dictates of commerce.

Nor, it appears, are they immune to the dictates of the law. Although no one has proposed legislation banning pumpkin spice products (yet), legislators and ordinance

drafters in several states have come up with a number of interesting and bizarre laws that relate to celebrating Halloween. For instance, in the great State of Alabama, you’re not allowed to dress up as a member of the clergy. Section 13A-14-4 of the Alabama Code says:

“Whoever, being in a public place, fraudulently pretends by garb or outward array to be a minister of any religion, or nun, priest, rabbi or other member of the clergy, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding $500 or confinement in the county jail for not more than one year, or by both such fine and imprisonment.”

So, if you have a penchant for dressing up as a nun and intend on traveling down to Huntsville, you may want to kick the habit before you go.

Also, if you’re a fan of Halloween and Silly String (those canisters that shoot out fun, ropey strands of neon-colored napalm), you may want to stay out of Hollywood, California on Halloween night. The local ordinance imposes a maximum fine of $1,000 and up to six months in jail for use, possession, sale or distribution of Silly String after midnight on Halloween. Thankfully, twine, cordage and other normal (aka “serious”) string is not affected by the ordinance.

Even in our own home State of Illinois, local authorities can’t keep their mitts off our beloved holiday. In Belleville, Illinois, a child cannot go house-to-house soliciting candy (also known as trick-or-treating) on Halloween after completing eighth grade. (Continued on page 6)

By Christopher Maurer

Christopher J. Maurer is a partner with the law firm of Anderson & Associates, P.C., and practices in the areas of divorce, domestic relations law, and probate litigation. Christopher is the Editor-in-Chief of the DCBA Brief, an active member of the DuPage County Bar Association, and a Director of the DuPage Bar Foundation. Christopher is Guardian ad Litem and certified Mediator for the 18th Judicial Circuit Court. He practices in DuPage, Cook, Kane, Will, Lake, McHenry, and Kendall County, and received his J.D. from Loyola University School of Law, Chicago, in 1997.

Ghost, Goblins and Ganja

From the Editor

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Go Ahead. Be a Hero.


“No kind action ever stops with itself. One kind action leads to another. Good example is followed. A single act of kindness throws out roots in all directions, and the roots spring up and make new trees. The greatest work that kindness does to others is that it makes them kind themselves.” –Amelia Earhart

Imagine my excitement upon discovering this quote by the famous aviator that not only embodies the spirit of October’s annual National Celebration of Pro Bono, but also the essence of my presidential theme, “Don’t Just Fly, Soar!” Every one of us has undoubtedly experienced this message in action. Was it last week at the coffeehouse drive-thru when the driver ahead of you paid for you, and you paid it backward? Or perhaps your recent brush with kindness was the way you complimented a colleague’s new glasses, dropped off a bag of gently worn but too small dress shirts at a donation box, or held the courthouse parking garage elevator door open instead of incessantly pushing the “> <” door close button when you caught a glimpse of someone walking rapidly towards you. How did that seemingly simple, kind act make you feel? Kindness is a powerful tool, and while it makes us feel good to be kind, the impact our kindness has on the recipient often goes unnoticed.

The mom in the car behind you was up all night with a sick child and your kindness got her through her morning shift. Your colleague was feeling down about finally needing those bifocals, and you brought him back up. Your crisp shirt was purchased by a young man going on his first job interview, who got the job, and is now able to help his family with

the household bills. That person dashing into the elevator was nervous about his very first court appearance seeking guardianship over his terminally ill father, and you gave him a moment to decompress. Your simple act of kindness made a difference.

Now imagine, if you will, a different level of kindness. Admittedly one that takes more time, more effort, more of your particular knowledge and skill. More of those things don’t necessarily equate to more complicated. It would take me days to go through my closet, deciding which ill-fitting suits to donate and convincing myself the kelly green suit will come back into style someday. On the other hand, it would take me thirty minutes to have a consultation with a person of limited financial means seeking to clear her criminal record. With my knowledge of the expungement laws and experience in the process, given another thirty minutes, I could do a thorough review of the background documents, determine her eligibility, and have a petition to expunge drafted and e-filed. In one hour, I could help a woman who may have made an immature decision or battled substance abuse when she was younger, but has now been denied a school loan, rejected for an apartment lease, or not called back for a job interview based on her record. Doing this work pro bono is a simple act of kindness to me, but the impact it will have on the recipient, and the roots that will spring up when she can go to school, put a roof over her head, and have a job she is passionate about are simply invaluable.

Pro bono and volunteer opportunities are plentiful in our DuPage County legal community and I urge you take the time to “soar” this October. (Continued on page 6)

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Go Ahead. Be a Hero.

Kindness Brings About Kindness By Stacey A. McCullough

President’s Message

DCBA President Stacey A. McCullough is an attorney at Mirabella, Kincaid, Frederick & Mirabella, LLC in Wheaton, where she focuses on criminal, juvenile and school law litigation. She received her J.D. from Loyola University Chicago in 1994. Stacey serves on PILI’s 18th Judicial Circuit Pro Bono Committee; the Board of Directors of the Lawyers Trust Fund of Illinois; the ISBA General Assembly and Traffic Laws and Courts Section Council; and the Leadership Council of Haymarket Center.

DCBA Brief October 20196

DCBA Brief welcomes members’ feedback. Please send any Letters to the Editor to the attention of Christopher Maurer, at [email protected]

The DCBA Brief is the Journal of the DuPage County Bar Association (“DCBA”). Unless otherwise stated, all content herein is the property of the DCBA and may not be reprinted in whole or in part without the express permission of the DCBA. ©2019 DCBA. Opinions and positions expressed in articles appearing in the DCBA Brief are those of the authors and not necessarily those of the DCBA or any of its members. Neither the authors nor the publisher are rendering legal or other professional advice and this publication is not a substitute for the advice of an attorney. Publication Guidelines: All submitted materials are subject to acceptance and editing by the Editorial Board of the DCBA Brief. Material submitted to the DCBA Brief for possible publication must conform with the DCBA Brief’s Writers Guidelines which are available at dcbabrief.org. Advertising and Promo-tions: All advertising is subject to approval. Approval and acceptance of an advertisement does not constitute an endorsement or representation of any kind by the DCBA or any of its members. Contact information: All Articles, comments, criticisms and suggestions should be directed to the editors at [email protected].

Stacey A. McCulloughPresident

Wendy M. MusielakPresident-Elect

Kiley M. Whitty2nd Vice President

Angel M. Traub3rd Vice President

J. Matthew PfeifferImmediate Past President

Bradley N. PollockGeneral Counsel

James J. LaraiaAssoc. Gen’l Counsel

Robert T. RuppExecutive Director

Aaron E. RuswickSecretary/Treasurer

Charles W. WentworthAssist. Treasurer

Directors:Mark S. BishopPatrick L. EdgertonJames S. HarknessKaren R. MillsJohn J. Pcolinski, Jr.Jay M. ReeseArthur W. RummlerJames L. RyanRichard J. VeenstraAlissa C. VersonAmanda M. Zannoni

Kent A. GaertnerISBA Liaison

The DCBA BRIEF is a publication of the DuPage County Bar Association126 South County Farm RoadWheaton Illinois 60187(630) 653-7779

President’s Message (Continued from page 5)Join your colleagues at a monthly Lawyers Lending a Hand1 project, take a turn at staffing the Ask a Lawyer Help Desk2 where you can help pro se litigants in small claims, tenancy and arbitration matters, or share your knowledge at the Domestic Relations Pro Se Help Desk. Take on a case or donate to the DuPage Legal Aid Foundation3 and support the DuPage Bar Foundation4. Give advice and information to qualified Illinois residents online at Illinois Free Legal Answers5. Check out the volunteer opportunities and keep an eye out for exciting things to come from the DCBA’s collaboration with Public Interest Law Initiative’s6 18th Judicial Circuit Court Pro Bono Committee. Join us for an activity or two during Pro Bono Week, October 21-25, because your simple act of kindness can truly be another person’s life-changing access to justice. (See links below.)

I leave you with a story of a sweltering summer day in 2018, rewardingly spent volunteering at an expungement summit. When I arrived early that morning, literally hundreds of people desperate to clear their criminal records wound around the outside of the building with no end in sight. Nightfall and the scheduled end of the event came far too early, with hours of good work yet to be done. Vowing to get to everyone in need, I took “Alvin’s” cases with me when I left. Without blaming his decidedly traumatic childhood for his serious crimes, Alvin shared his life story with me, focusing on his determination and positive changes, yet disheartened by the obstacles his record put in his path. It took time, a lot of time, but in the end… justice. He recently sent a note to share that he has achieved his dream career, and has made his kids proud. It reads, “You played a huge part and I’m forever grateful. I’m sure it’s normal for you, but it’s life changing for me.” Kindness brings about kindness.

From the Editor (Continued from page 3)Apparently, instead of gathering Butterfingers and Circus Peanuts with neighborhood friends, high-schoolers in Belleville will be required to stay home and play violent video games while consuming recreational marijuana.

Speaking of marijuana (and moving on to a non-Halloween related topic), The Cannabis Regulation and Tax Act goes into effect in Illinois in January of 2020, which decriminalizes the recreational use of the substance. In anticipation of this momentous legislative and cultural shift, this month’s Articles Editor, Jordan Sartell has gathered a collection of interesting articles from Steven Uhrich, Brian Dougherty, Hannah Garst and Bryant Chavez that examines the broad impact that this Act will have on the people of our state. I’d like to thank Jordan and the authors for providing us with these timely articles, and Jim Ryan, for providing us with important new Illinois case law. In honor of the Cannabis theme, I was hoping to publish this issue on hemp paper, but due to cost-overruns, that idea went up in smoke.

1. https://www.dcba.org/page/Volunteer2. Ibid3. http://www.dupagelegalaid.org4. https://www.dcba.org/page/DCBF5. https://il.freelegalanswers.org6. http://pili.org/pro-bono/judicial-circuit-committees/18thcircuit

Jordan M. Sartell

Articles

Articles EditorJordan M. Sartell’s class action litigation practice with Francis Mailman Soumilas, P.C. focuses on consumer protection claims arising from inaccurate criminal background checks and consumer credit reports. He graduated from the DePaul University College of Law and does pro bono work with local legal aid and consumer advocacy groups.

8 Up in Smoke? Expunged Cannabis-Related Criminal Records May Continue to Haunt Job Applicants

- By Steven J. Uhrich, Esq.

12 The Cannabis Regulation and Tax Act: The Impact on Employers - By Brian M. Dougherty

18 The Effect of Illinois’ Decriminalization of Cannabis on Criminal Records

- By Hannah V. Garst, Esq. and Bryant Chavez, Esq.

21 Special Feature: DuPage Bar Foundation Annual Report

26 Illinois Law Update - Editor James L. Ryan


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By Steven J. Uhrich, Esq.

Up in Smoke?Expunged Cannabis-Related

Criminal Records May Continueto Haunt Job Applicants

Illinois is now the eleventh state in the country to legalize recreational use of cannabis and related products. The Cannabis Regulation and Tax Act (P.A. 101-0027) (“the Act”) was passed by the Illinois legislature this spring and signed into law by Gov. Pritzker in June.1 The Act substantively amends numerous provisions of Illinois law and changes many dimensions of the employment relationship.2 This article examines how the Act’s expanded criminal record expungement provisions3 interplay with the federal Fair Credit Reporting Act (“FCRA”),4 which regulates those who prepare and those who use criminal background checks for employment purposes.

The FCRA’s Protections for Prospective and Current EmployeesThe FCRA regulates the activities of consumer reporting agencies (“CRAs”), a category that includes companies that provide employment background checks (as well as those that provide traditional credit reports). The FCRA requires that CRAs “adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information.”5 This broad purpose is summed up in the general requirement that CRAs “follow reasonable procedures to assure maximum possible accuracy of information” 6 included in “consumer reports.” Criminal background checks for employment fall within the ambit of the FCRA’s definition of “consumer report,” which includes information on a “consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.”7

1. The relevant amended statutory provisions are within 20 ILCS 2630/5.2.2. See The Illinois Cannabis Regulation and Tax Act: The Impact on Employers at pp. 12-17.3. See The Illinois Cannabis Regulation and Tax Act’s Expungement Provisions at pp. 12-17.4. 15 U.S.C. §§ 1681-1681x.5. 15 U.S.C. § 1681(b).6. 15 U.S.C. § 1681e(b).7. 15 U.S.C. § 1681a(d)(1).


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The FCRA contains provisions designed to protect the rights of job applicants when employers obtain background checks about them.8 Those obligations go beyond the FCRA’s baseline “reasonable procedures” requirement noted above. Indeed, when public records information likely to have an adverse effect on one’s ability to obtain employment (e.g., a criminal record) is disclosed to a prospective employer, both the report’s preparer (the CRA) and its user (the would-be employer) have specific duties because such information is likely to have a significant effect on employment decisions. A job applicant may be denied a job or fired as a result of an arrest record if the employer does not realize that the arrest never led to a conviction, that the arrest was due to a case of mistaken identity, that the arrest occurred when a personal foe filed a baseless criminal complaint, or, most relevant here, where the criminal record was expunged.9

Thus, when it comes to background checks that are obtained for employment purposes, the FCRA contains heightened requirements and additional specific procedures that the prospective employer and background check company must follow. When reporting potentially adverse public record information for employment purposes, the FCRA requires that the background check company (CRA) must do one of two things.10 First, a CRA may, at the same time that it provides the potentially adverse public record information to the would-be employer, send the consumer a notice that the CRA is reporting the public record information and that identifies (including name and address) the report’s recipient.11 Alternatively, the CRA may maintain “strict procedures” designed to ensure that potentially adverse public record information is “complete and up to date.”12 The statute provides that, “[f]or arrests,

indictments, convictions, suits, tax liens, and outstanding judgments, ‘up to date’ requires that the CRA reports the current status of the public item.”13 That is, the “status of the item at the time of the report[.]”14

The “user” of the consumer report (i.e., the would-be employer) is also subject to additional requirements when obtaining information used for employment purposes. First, the FCRA requires that employers who utilize a background check in connection with employment must give notice to the consumer (i.e., the employee/applicant) that it may use a consumer report for such purposes and obtain the applicant’s written authorization to do so.15 The disclosure must be given to the consumer before the report is obtained, must be a document that consists solely of the disclosure, and must be clear and conspicuous.16 Courts have agreed with the FTC Staff Summary that the notice should not include any extraneous information.17 The employer must also receive written authorization from the consumer to obtain a background check.18

Second, the FCRA requires two distinct notices to be sent to the job candidate – at different times – if the contents of the background report prompt the employer to take adverse action against the job applicant. The first (“pre-adverse action“) notice must be given prior to the employer taking any adverse action such as rejecting a job applicant or firing an employee due to information in a background check.19 The employer must send the consumer a copy of the report containing the adverse information along with this pre-adverse action notice.20 The purpose of this notice is to give the consumer a chance to address any inaccuracies in their background check or provide an explanation regarding accurate information.21

About the AuthorSteven J. Uhrich is the Illinois co-chair of the National Association of Consumer Advocates and principal of Uhrich Law, P.C., a consumer rights law firm. Steven is a former Equal Justice Works fellow who defended homeowners from foreclo-sure in the South Chicago neighborhood prior to moving to private practice.

8. The Illinois Human Rights Act and Criminal Identification Act impose separate and additional restrictions on employers and prospective employers when it comes to the use of criminal history records. See 775 ILCS 5/2-103; 20 ILCS 2630/12(a).

9. See Roe v. Intellicorp Records, Inc., No. 12-cv-02567-YGR, 2012 WL 3727323, at *1 (N.D. Cal. Aug. 27, 2012) (CRA’s inclusion of expunged record resulted in plaintiff being denied employment).

10. See 15 U.S.C. § 1681k(a).11. 15 U.S.C. § 1681k(a)(1).12. 15 U.S.C. § 1681k(a)(2).13. See Federal Trade Commission, 40 Years of Experience with the Fair Credit Reporting Act: An FTC Staff

Report with Summary of Interpretations (the “FTC Staff Summary”) § 613 item 4A available at ftc.gov.14. 15 U.S.C. § 1681k(a)(2) (emphasis added).15. See 15 U.S.C. § 1681b(b)(2).16. Id.17. See FTC Staff Summary § 604(b)(2) item 3B (“the notice may not include extraneous or contradictory

information”).18. 15 U.S.C. § 1681b(b)(2)(A)(ii).19. 15 U.S.C. § 1681b(b)(3)(A).20. 15 U.S.C. § 1681b(b)(3)(A)(i).21. Robertson v. Allied Solutions, LLC, 902 F.3d 690, 699 (7th Cir. 2018) (holding that job applicant denied

copy of background report had Article III standing and holding that providing job applicants “the chance to review [a background report obtained about them] and present [their] side of the story . . . is the very reason why the FCRA obligates employers to produce a copy of the report before taking adverse action.”)

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The second (“post-adverse” action) notice must be sent to the consumer within three days of an employer’s taking any adverse action.22 This notice informs the consumer, albeit a bit redundantly, that they have the right to obtain a copy of the background check and of their rights under the FCRA.

Expunged Records on Background Checks Are Actionable under the FCRAAccording to the Illinois Sentencing Policy Advisory Council, around 770,000 records will qualify for expungement under the Act.23 Illinois law defines “expunge” as “to physically destroy the records or return them to the petitioner and to obliterate the petitioner’s name from any official index or public record, or both.”24 One would think that after expungement, there should be no chance that a record could rear its ugly head when an individual applies for a job. Unfortunately, that is not the case: criminal background checks often contain incorrect, sealed, or expunged information.25 This includes criminal records that have been sealed or expunged, despite being barred implicitly by the FCRA.

The FCRA imposes duties on background check companies and employers meant to protect the rights of an individual dealing with stale or incorrect information reported about them. And while the FCRA does not specifically forbid the reporting of sealed or expunged records, it does require that background check companies follow reasonable procedures to ensure the maximum possible accuracy of whatever information they are reporting.26 It follows that if a record is expunged, any reporting of it is stale and no longer accurately reflects the current public record for that individual.27 Employers and background check companies who fail to abide by these FCRA requirements may be liable for statutory, actual, and punitive damages as well as attorney’s fees and costs.28

Thus, in the coming years, anyone who encounters an Illinois cannabis-related criminal record should think twice lest they make any half-baked decisions.

[W]hen it comes to background

checks that are obtained for

employment purposes, the

FCRA contains heightened

requirements and additional

specific procedures that the

prospective employer and

background check company

must follow.

“

22. 15 U.S.C. § 1681b(b)(3)(A)(ii); see also 15 U.S.C. 1681m(a).23. Bill Hutchinson, ABC News, Illinois poised to enact historic recreational marijuana bill that could

clear convictions for 770,000, June 3, 2019, available at https://abcnews.go.com/US/illinois-poised- enact-historic-recreational-marijuana-bill-clear/story?id=63449800.

24. 20 ILCS 2630/5.2(a)(1)(E).25. Persis Yu, National Consumer Law Center, Broken Records: How Errors by Criminal Background Checking

Companies Harm Workers and Businesses (2012), available at www.nclc.org.26. 15 U.S.C. § 1681e(b).27. See, e.g., McNamara v. HireRight Sols., Inc., No. 13-cv-5215, 2014 WL 321790, at *5 (N.D. Ill. Jan. 29,

2014) (CRA may report criminal dispositions “until, of course, they are sealed or expunged – without fear of liability under the FCRA.”).

28. 15 U.S.C. §§ 1681n (regarding willful violations), 1681o (regarding negligent violations).


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The Cannabis Regulation and Tax Act:The Impact on Employers

By Brian M. Dougherty

The Cannabis Regulation and Tax Act (“Act”) (P.A. 101-0027) becomes effective on January 1, 2020 and will have a continuing impact on employers’ policies and practices in the workplace. This article summarizes some important features of the Act and notes what is on the horizon for employers when reviewing existing policies and practices.

DefinitionsBefore getting into the Act’s provisions, there are some definitions used in the Act that are important to understand. The first is what constitutes lawful possession of cannabis, which is defined under Section 10-10 of the Act, with the added requirement that the person must be over 21 years of age.1 Conversely, possession that goes beyond this is not lawful. This is important to note because the Act does not legalize any and all cannabis possession.

Under the Act, “workplace” means the employer’s premises,

1. Act, § 10-10.

including any building, real property, and parking area under the control of the employer or area used by an employee while in performance of the employee’s job duties, and vehicles, whether leased, rented, or owned.2 An employer may further define “workplace” in the employer’s written employment policy, provided that the policy is consistent with the Act.3 This definition is vast and could pose a problem for gig economy employers and employees who travel or telecommute. Interpreted literally, if an employee performs work at home, he could not possess cannabis in his own house because that would be an area that the employee performs his duties. This could result in nonsensical interpretations of the Act given the realities of the modern workplace.

“On call” is defined under the Act as employee who is scheduled with at least 24 hours’ notice by his or her employer to be on standby or otherwise responsible for performing tasks related to his or her employment either at the employer’s premises or

2. Act, § 10-50(h).3. Act, § 10-50(h).


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other previously designated location by his or her employer or supervisor to perform a work-related task.4

What is Not DefinedAn “employer” is not defined under the Act. This can be problematic for companies with principal places of businesses in other states that do not have a similar law, but who have employees doing work in Illinois. A definition may not matter as long as the worker performs work in Illinois for any employer regardless of its principal headquarters.5 Employers with employees in different states would thus be subject to different requirements, creating an administrative headache in the process.

An “employee” is not defined either, so arguably the Act does not apply to independent contractors. This will certainly be an issue for companies employing such persons in such capacities (e.g., consultants, gig economy workers).

Another potential pitfall is the notion of “joint employment” which comes up often in employment discrimination and wage and hour cases.6 This is the theory that two or more parties can be an employee’s “employer.” A good example is a staffing company that assigns workers to third-party clients. The worker is the technical “employee” of the staffing company and not necessarily that of the client. Could the client reject any staffing company “employee” who uses cannabis lawfully? If the staffing company and client are considered “joint employers,” the answer would be no. Companies using staffing company workers should tread carefully.

Does the Act Apply to Me?The Act states that it shall not be construed to interfere with any federal, state, or local restrictions on employment including, but not limited to, the United States Department of Transportation regulation, 49 CFR § 40.151(e), or impact an employer’s ability to comply with federal or state law or cause it to lose a federal or state contract or funding.7 Thus, those employers in the interstate transportation industry and those companies that receive public funding will need to consult statutes and regulations applicable to their industries to see if

About the AuthorBrian M. Dougherty is a partner in the litigation group at Goldstine, Skrodzki, Russian, Nemec and Hoff, Ltd. in Burr Ridge. His practice area primarily includes representing employers and employees in employment disputes arising under state and federal law as well as business torts and general business-related litigation. He also counsels businesses on best practices under labor and employment law and contract law. He is an active member of the DCBA and is a member of the DCBA’s Labor and Employment Section. He is a former Editor-in-Chief of the DCBA Brief.

any conflicts arise between the Act and other laws. There may be other restrictions besides the specific ones mentioned above that may impact compliance with the Act.

The Act also does not enhance or diminish any other laws’ protections.8 This means that other generally applicable federal, state, and local laws will be enforced according to their terms (e.g., federal and state anti-discrimination laws).

Thus, the first step in determining whether an employer must follow the Act is whether the employer must adhere to some other state or federal law. If the answer is yes, then the Act must yield.9

Following the Act’s RequirementsOnce an employer determines that the Act is applicable, then Section 10-50 must be consulted. The Act makes clear that it does not prohibit employers from adopting reasonable zero tolerance or drug free workplace policies, or employment policies concerning drug testing, smoking, consumption, storage, or use of cannabis (i) in the “workplace” or (ii) while “on call,” provided that the policy is applied in a nondiscriminatory manner.10 What this means in a general sense is that because recreational cannabis is legal, it must be treated in the same manner as other legal substances that could cause impairments, the biggest one being alcohol. Employers who host dinners for clients at which alcohol is consumed, the occasional colorful speech given, and borderline unprofessional conduct tolerated should take note because disciplining employees under similar circumstances when they are impaired by cannabis would be an example of discriminatory behavior.

4. Act, § 10-50(k).5. See, e.g., 56 Ill. Adm. Code § 300.440 (Illinois Department of Labor jurisdiction over employers even

though they may be physically outside of Illinois, but work was performed within Illinois).6. Knight v. United Farm Bureau Mutual Ins. Co., 950 F.2d 377, 378-79 (7th Cir. 1991).7. Act, § 10-50(g).8. Act, § 10-50(f).9. U.S. Const., Art. VI (supremacy clause).10. Act, § 10-50(a), (b).


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The main thrust of the Act is Section 10-50(b). An employer can prohibit an employee from being under the influence of or using cannabis in the employer’s “workplace” or while performing the employee’s job duties or while “on call.” If the employee violates this, the employee is subject to discipline, including but not limited to termination.

Restrictions on DisciplineThe employer’s ability to discipline employees is limited to instances where employees are under the influence of, or use cannabis, in the “workplace,” performing job duties, or while “on call.”11 The Act addresses when an employer can make that determination. The Act states that an employer may consider an employee to be impaired or under the influence of cannabis if the employer has a good faith belief that an employee manifests specific, articulable symptoms while working that decrease or lessen the employee’s performance of the duties or tasks of the employee’s job position, including symptoms of the employee’s speech, physical dexterity, agility, coordination, or demeanor.12 Other indicators include irrational or unusual behavior; negligence or carelessness in operating equipment or machinery; disregard for the safety of the employee or others; involvement in any accident that results in serious damage to equipment or property; disruption of a production or manufacturing process; or carelessness that results in any injury to the employee or others.13

These criteria do not appear to be all that helpful and are certainly not behaviors within the peculiar province of cannabis impairment. This means that employers should consider training supervisory personnel on how to spot behavior indicative of cannabis impairment and including these examples in employee handbooks.

The Act also provides that if an employer elects to discipline an employee on the basis of the employee being under the influence of, or impaired by, cannabis, the employer must afford the employee a reasonable opportunity to contest the basis of the determination.14 In short, this provision provides a

11. Act, § 10-50(b).12. Act, § 10-50(d).13. Act, § 10-50(d).14. Act, § 10-50(d).

form of pre-discipline procedure for employers to follow so that an employee can tell his or her side of the story. This is quite historic in the private sector because absent a contract with a guaranteed term, an employee is retained on an at-will basis and can be fired with or without notice.15 The Act changes that relationship. Somewhat counter-intuitively, employees who use cannabis now appear to have greater protections than employees who do not.

What is “Discipline?”The notion of “discipline” is not defined under the Act either, but can take many forms from a verbal warning to a suspension to a termination. As a result, employers must decide the level of discipline to be imposed for cannabis impairment. A reasonable interpretation of the term “discipline” would likely include any and all forms of corrective action taken by an employer in an attempt to remediate an employee’s behavior.

There is not much detail on what constitutes a “reasonable opportunity” to contest such discipline and this could give rise to unnecessary litigation. (The Act does not provide for attorney fee shifting that would require the employer to pay the employee’s fees if the employee prevailed in litigation on this point.) In the private sector, absent some contract or policy statement (e.g., an employee handbook), employees do not typically have legal representation when discipline is being decided by the employer. The Act’s lack of clarity on this point could lead to attorney involvement in cannabis-based disciplinary meetings.

Drug TestingBecause the Act requires use or impairment as a prerequisite for discipline, a failed drug test probably will no longer suffice as a sole basis for discipline, including termination. This means that reasonable suspicion, random, and post-accident drug testing can be part of the overall consideration as to whether an employee was using or impaired by cannabis, but should not be the sole, determinative factor.16

15. Kelsay v. Motorola, Inc., 74 Ill.2d 172, 182 (1978).16. See Act, § 10-50(d).


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This leaves pre-employment drug testing. The Act does not use the term “applicant,” unlike some other laws,17 so employers have a good argument that a positive cannabis test could disqualify a putative employee. But under an amendment to the Illinois Right to Privacy in the Workplace Act (“Right to Privacy Act”), applicants cannot be discriminated against on the basis of lawful cannabis use.18 This means that a pre-employment drug test that detected cannabis could not be the determinative factor that disqualifies one from employment.

Because of the Act’s impact on drug testing, employers will need to modify their drug testing policies and procedures to comply with the Act.

Safe HarborsThe Act does provide three defenses that employers may assert if they are sued by an aggrieved employee or third-party. The first protects employers who seek to have an employee drug tested or discipline an employee based on a good faith belief that the employee used or possessed cannabis in the workplace, while performing job duties, or while on

17. 42 U.S.C. § 12112(b)(1), (2).18. Act, § 900-50, amending 820 ILCS 55/5.19. Act, § 10-50(e)(1).

An “employee” is not defined

either, so arguably the Act

does not apply to independent

contractors. This will certainly

be an issue for companies

employing such persons in such

capacities (e.g.,consultants, gig

economy workers.)

“ call in violation of the employer’s policies.19 The second protects an employer’s good faith belief that an employee was impaired or under the influence of cannabis in the workplace, while performing job duties, or while on call in violation of the employer’s policies.20 The third protects the employer from actions filed by third parties against the employer if an employee caused injury to a third-party while the employee was impaired and the employer neither knew nor had reason to know of the impairment.21

These three subsections likely operate as affirmative defenses to be raised by an employer and regarding which the employer would bear the burden of proof in any lawsuit. However, this is not much help for employers as it does not prevent a lawsuit from being easily dismissed in the earliest instance, unlike a statute granting immunity. Using terms such as “good faith belief” and “knew or should have known” suggest fact-intensive inquiries and full discovery.

Amendment to the Illinois Right to Privacy ActWhile the Act regulates an employee’s workplace and on-duty behavior, there is still the possibility that off-duty behavior could result in an employee being terminated for what will become lawful possession or use of cannabis.22 Because cannabis can remain in one’s system for weeks, an applicant could easily fail an employer’s pre-employment drug test. This was addressed in the Act by amending parts of the Right to Privacy Act.23 The Right to Privacy Act now includes the use of cannabis under the Act as a protected activity, meaning that an applicant or employee cannot be discriminated against (e.g., not hired, terminated, disciplined) because that individual used lawful products (e.g., cannabis) off of the employer’s premises, during non-working, non-call hours.24 To close a loophole that exists because cannabis is still a Schedule I controlled substance under the federal Controlled Substances Act (“CSA”),25 “lawful products” means “products that are legal under state law.”26 Without this language, cannabis use would not be “lawful” in Illinois due to the CSA, a federal law, which applies nationwide.27

20. Act, § 10-50(e)(2).21. Act, § 10-50(e)(3).22. For instance, an employer viewing social media posts or photographs depicting lawful cannabis use

by employees.23. Act, § 900-50.24 . Act, § 900-50.25. 21 U.S.C. § 812.26. Act, § 900-50.27. See, e.g., Coats v. Dish Network, LLC, 350 P.3d 849 (Colo. 2015) (employee’s use of medical cannabis

lawful under state law but unlawful under federal law; Colorado’s lawful activities statute was thus interpreted to include federal law).


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What Must Employers Do?Employers should examine existing employment policies to see if those policies may run afoul of the prohibitions contained in the Act. The Act takes effect January 1, 2020 so employers have time to adjust existing policies, especially in the area of drug testing. Where policies are revised, employers should take care to follow those policies, especially with respect to treating cannabis on par with other lawful products and preventing discrimination.

Safety is important in the workplace, and because cannabis use may lead to impairments, employers should reinforce safety workplace practices periodically to limit injuries and workers’ compensation claims. Employers should also check with their general commercial liability and workers’ compensation carriers to make sure that workplace injuries that may be linked to cannabis impairment will be covered under those insurance policies.

Because the Act requires a pre-discipline meeting with an

employee who is believed to have been impaired by cannabis use, employers may want to create grievance policies that govern the procedures and practices of such meetings. Employers should also consider providing training to those employees with managerial or supervisory authority over other employees so that these managers/supervisors are adequately equipped to detect behavioral impairments linked to cannabis.

Cannabis users are now a protected class under the law and failing to follow the Act can result in litigation. Employers should be prepared to document rules infractions and employee discipline in cases where employee impairments are detected and where accidents occur if they appear to be caused by a cannabis-linked impairment.

ConclusionThe Act will require greater employer vigilance regarding what occurs in the workplace. Fortunately, employers have time to review and modify existing policies before the Act takes effect to ensure compliance.

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1 . IL H.B. 1438 § 10-10(a) (2019).2. Id.3. Id.

4. 20 ILCS 2630/5.2(i)(1) (eff. 1/1/20).5. 20 ILCS 2630/5/2(b).6. 20 ILCS 2630/5.2(i)(2) (eff. 1/1/20).

For the millions of people who have one, a criminal record can have a profound effect on eligibility for employment, volunteer opportunities, licensing, housing options, and some public benefits. Criminal records are created in several different ways. The Illinois State’s Attorney can file a complaint or obtain an indictment through a grand jury, resulting in the issuance of a warrant for one’s arrest. One can receive a ticket, show up to court, and be charged with an offense. One can also be arrested. Each of the foregoing scenarios results in the creation of a criminal record. Regardless of its ultimate adjudication, once a criminal record is created, one must proactively petition for its removal via the applicable statutory processes for sealing or expungement.

For those who have records related to cannabis (also referred to as marijuana), long-awaited relief arrived on June 25, 2019 when Gov. J.B. Pritzker signed into law H.B. 1438, the Cannabis Regulation and Tax Act (“Act”), which will end cannabis prohibition and replace it with a system to tax and regulate it. Beginning on January 1, 2020, adults 21 and older may possess and/or purchase cannabis products in licensed stores. Possession is limited to 30 grams of raw cannabis;1 cannabis-infused product or products containing no more than 500 mg of THC;2 and five grams of cannabis product in concentrated form.3

In addition to legalizing possession and use for adults, the Act allows for the expungement of criminal records pertaining to certain cannabis-related offenses.

First, arrests. For cases involving arrests not resulting in criminal charges, starting on January 1, 2020, expungements will be automatic for arrests involving up to 30 grams of cannabis as long as at least one calendar year has passed since the date of arrest and no subsequent criminal charges were filed related to the arrest.4 Cases involving arrests that resulted in criminal charges but did not result in a conviction are currently eligible to be expunged by filing a petition in the court where one was charged.5 They also may be automatically expunged according to the timeline below.

Second, certain cannabis-related convictions will be eligible for expungement. Starting on January 1, 2020, convictions involving up to 30 grams of cannabis will be eligible for automatic expungement.6 While individuals with qualifying offenses and records are not required to take any action to have their records automatically expunged, exceptions to the automatic expungement mandate exist. It does not apply to cannabis-related arrests and convictions associated with arrests and/or convictions for violent sexual offenses; sexual offenses against a minor; stalking offenses; any offense resulting in a

By Hannah V. Garst, Esq. and Bryant Chavez, Esq.

The Effect of Illinois’ Decriminalization of Cannabis on Criminal Records


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About the AuthorsHannah Garst - Following her clerkship for the Staff Attorney’s Office at the Seventh Circuit Court of Appeals, she started her own practice concentrating in criminal matters, including expungements. Hannah has privately represented numerous clients and been appointed in cases in the federal district courts, and the Seventh and Fourth Circuit Courts of Appeals.

court order to register as a sex offender; animal abuse offenses; or violations of local ordinances.7

The Illinois State Police is charged with identifying all eligible conviction records and forwarding them to the Prisoner Review Board. If the Prisoner Review Board clears a record, it will go to the governor for pardon. Once the governor grants a pardon, the state attorney general will recommend the record’s expungement. However, hiring an attorney to file a petition to expunge eligible cannabis-related convictions to ensure the timely removal and destruction of the record of conviction is advised.

The schedule (and deadlines) for law enforcement agencies to automatically expunge qualifying offenses and records is based upon the initial date of arrest, as follows: Records created between January 1, 2013 and January 1, 2020, shall be automatically expunged prior to January 1, 2021; records created between January 1, 2000, and December 31, 2012, shall be automatically expunged prior to January 1, 2023; and records created before to January 1, 2000 shall be automatically expunged prior to January 1, 2025.8

Those with convictions for possession of amounts between 30 and 500 grams of cannabis may separately petition the court for an expungement. The Act expands expungement relief to include amounts up to 500 grams of marijuana.9 Unlike records eligible for automatic expungement, these petitions are not guaranteed to result in expungement (or a vacated conviction), but do create the opportunity for such a result, which did not exist prior to the Act. When considering such a motion to vacate and expunge, a court shall consider the following: the reasons to retain the records provided by law enforcement, the petitioner’s age, the petitioner’s age at the time of offense, the time since the conviction, and the specific adverse consequences if denied.10 An individual may file such a petition after the completion of any sentence or condition imposed by the conviction.11

For those who have drug convictions involving cannabis, the Act’s sweeping changes bring life-altering relief. Whether it is pursuing a new job or better opportunities, there is no reason to wait. Expungement is available beginning on January 1, 2020 and attorneys should be ready to file petitions immediately.

7. 20 ILCS 2630/5.2(i)(2)(a) (eff. 1/1/20).8. 20 ILCS 2650/5/2(i)(1)(C) (eff. 1/1/20).9. 20 ILCS 2630/5.2(i)(2), (3) (eff. 1/1/20).10. 20 ILCS 2630/5.2(i)(3) (eff. 1/1/20).11. Id.

Bryant Chavez runs a solo practice working primarily in expunging and sealing criminal records, and in restoring civil rights for clients with criminal records. For over eight years he has represented hundreds of clients throughout Illinois.

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Voluntary Payment Doctrine Bars Consumer Fraud Claim Over Unlawfully Collected TaxesMcIntosh v. Walgreens Boots Alliance, Inc. 2019 IL 123626 (June 20, 2019)Destin McIntosh filed a class action complaint against Walgreens alleging that Walgreens violated the Consumer Fraud and Deceptive Business Practices Act by unlawfully collecting a tax imposed by the City of Chicago on purchases of bottled water that were exempt from taxation under the City ordinance. Under the ordinance, the buyer is ultimately liable for payment of tax; however, the ordinance also requires a retailer to include the bottled water tax in the sales price. The bottled water wholesaler collects the tax from the retailer and remits payment of the tax to the City. The ordinance exempts soft drinks, flavored waters, and other products. In his Complaint, McIntosh alleged that Walgreens represented

to buyers of bottled water that the total price “included the tax that was required and allowable by law.” According to the Complaint, Walgreens knowingly overcharged taxes on McIntosh and other consumers by improperly charging the bottled water tax on exempt purchases.

Walgreens filed a Motion to Dismiss under 735 ILCS 5/2-619(a)(9) asserting that the McInstosh’s claim was barred by the voluntary payment doctrine. The trial court agreed; however, the appellate court reversed the trial court’s decision. Walgreens appealed in reversal to the Illinois Supreme Court.

The Supreme Court reversed the appellate court and reinstated the trial court’s dismissal of McIntosh’s claim. In doing so, the Court described the common-law voluntary payment doctrine as one that embodies the “ancient and universally recognized

Illinois Law UpdateEditor James L. Ryan


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rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the grounds the payment was illegal.” The court noted that because Walgreens disclosed the bottled water tax on McIntosh’s receipt and McIntosh paid the tax, the voluntary payment doctrine applies and bars the consumer fraud claim. In ruling in favor of Walgreens, the Court noted that an erroneous statement of law cannot form the basis for a fraud claim because all persons are presumed to know the law.

Statute of Limitations on Enforcing Judgments and Revival Judgments Apply to Money Judgments Only and Do Not Apply to Injunctions.In re the Estate of Pigott, 2019 IL App (1st) 181716 (August 16, 2019)Kenneth and Donna Pigott were married in 1963 and divorced in 1982. They had six children together. As part of their divorce, Kenneth and Donna entered into a marital settlement agreement, which was incorporated into and made part of the final divorce judgment. In the agreement, Kenneth agreed to execute and keep in force a valid will which provided that Kenneth will give and bequeath at least 50% of his net estate to the six children of the parties in equal shares. The agreement gave the six children “a provable, liquidated claim, lien, and charge against the estate of KENNETH” for the amount the child would have received had Kenneth made such a will.

Seven years after Kenneth’s divorce as finalized, Kenneth married Jane. They had one child together. In 2014, Kenneth revised his will in a way that gave his six children from his previous marriage less than the 50% share set forth in his marital settlement agreement with Donna. Three months after Kenneth had revised his will, Kenneth died.

In 2015, Kenneth’s six children from his previous marriage filed their claim against Kenneth’s estate attempting to enforce the 1982 marital settlement agreement and divorce judgment. The Executor of Kenneth’s estate moved to dismiss the claim asserting that it was barred by the statute of limitations. The Executor contended that under 12-208 and 2-1602 of

About the EditorJames L. Ryan is an associate at the law firm of Roberts & Caruso in Wheaton. He focuses his practice primarily on contested probate, business litigation, and construction law. Jim serves as a member of the DuPage County Bar Association Editorial Board and the Board of Directors. He is also a member of the federal trial bar and serves as a court-appointed arbitrator in both Cook and DuPage counties.

the Code of Civil Procedure, Kenneth’s divorce judgment became dormant after 7 years (12-208) and was required to be revived within 20 years of its rendering (2-1602) in order to be enforceable. The executor argued that because no one revived Kenneth’s 1982 divorce judgment within the 20 years of its entry, the judgment was no longer enforceable. The Circuit Court agreed and granted Executor’s motion to dismiss.

The Appellate Court reversed. It noted that the obligation to make a will bequeathing at least 50% of his net estate to the petitioners is not subject to the revival provisions of the Code of Civil Procedure, and therefore, remained enforceable. The Court’s review of the language of the revival statute showed a clear legislative attempt to apply to money judgments only. Although the marital settlement agreement and dissolution judgment granted a “liquidated claim” to Kenneth’s children, the judgment was not a money judgment. Instead, it was a mandatory injunction that required Kenneth to make and keep a will in force. The appellate court then quoted several cases holding that mandatory injunctions remain in full force and effect until they have been vacated or modified by the court that granted it. As a result, the appellate court concluded that the 1982 order in the divorce case remained in effect and the children had a right to pursue their claim against Kenneth’s estate for their 50% share.


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Intoxication Exclusion on a Supplemental Insurance Policy Is Not Void and Against Public Policy.Crowley v. Empire Fire and Marine Ins. Co., 2019 IL App (2nd) 180752 (June 18, 2019)Empire issued a supplemental insurance policy to a driver of an Enterprise rental car that contained an exclusion denying coverage for loss incurred where the insured was under the influence of alcohol or drugs. The insured was involved in a motor vehicle accident that killed Crowley and injured his wife. The insured had marijuana, cocaine, and opiates in his system at the time of the accident and was subsequently convicted of aggravated DUI.

Crowley’s wife filed a personal injury complaint against the driver of the Enterprise rental car. Crowley also filed an action against Empire seeking a declaration that the Empire policy provided coverage for claims that Crowley had asserted against the driver. Crowley asserted that the intoxication provision

in the Empire policy was void because it was against Illinois public policy. The trial court granted summary judgment in favor of Crowley.

The appellate court reversed. The Court quoted Illinois’ Financial Responsibility Laws requiring each motorist to have minimum liability coverage regardless of fault. The driver had insurance coverage in excess of these limits through a different insurance policy than the supplemental policy issued by Empire. The Court also noted that the law does not mandate that excess or supplemental liability insurance be obtained once the state mandated minimum level of coverage is obtained. Thus, the appellate court noted that no Illinois statute precludes an intoxication exclusion from a supplemental liability insurance policy.

News &Events

Pro bono assistance provides a life line to those in need.

30 I nBrief - By David N. Schaffer

31 October Bar Notes - By Robert Rupp

32 ISBA Update - By Kent A. Gaertner

34 Meet Judge Fleming - By Clarissa R. E. Myers

36 It’s Time to Clean Out Those Closets! Lawyers Lending A Hand Coat Drive Set For November 1-21

38 Meet the Honorable George A. Ford - By Jay M. Reese

39 Legal Aid Update - By Cecilia Najera

43 Classifieds

44 Where to be with DCBA

News & Events


InBrief

Alright, here we go. Your new In Briefer’s first column. I ask that you have patience as I work on filling the large shoes Terry left me to fill. That said, the best way to get mentioned here is to let me know what is going on. Awards, accolades, great win in the appellate court, a personal or professional anniversary, etc. etc. Anything you see in italics are my own observations and do not necessarily reflect the views and opinions of the DCBA.

Congratulations ToAngela M. Iaria for making partner at Lillig & Thorsness, Ltd. in Oak Brook. Angela is also Vice President of the DuPage Association of Women Lawyers and the Vice Chair of the Estate Planning and Probate Committee for the DuPage County Bar Association.

The DCBA Brief ’s very own, Annette K. Corrigan, of Andrew Cores Family Law Group, a division of Esp Kreuzer Cores LLP (would love to see how that all fits on her business card) was resoundingly elected as a College of DuPage Trustee. Way to go Annette.

In the CourtsAttorneys who also fill the challenging role of parent can find support at the new Lawyers’ Assistance Program Attorney Parents’ Group meeting. The meeting is open to all individuals regardless of gender/identity. It will take place every Tuesday, 12:15 p.m. - 1:15 p.m. at

the LAP offices at 20 S. Clark St. Suite 450, Chicago. A complete listing of LAP Support Group meetings (including Men’s, Women’s, and Young Attorney’s and Law Student’s Groups) are available on the LAP Events Calendar 24/7: illinoislap.org/calendar.

Effective July 1, 2019, the Illinois Supreme Court has ordered the 18th Judicial Circuit to migrate to eFileIL utilizing the Tyler Technologies system. Naturally, the new filing system does not support DuPage County’s current division of Small Claims filings of SC cases (under $5000.00) and SR cases ($5,000.00 - $10,000.00). As such, effective July 1, 2019, Small Claims filings will be designated as SC filings, and the SR designation will no longer be in use. Additionally, effective July 1, 2019 all Small Claims filings, including those filings with jury demands, will be split between Judge Ostling in Courtroom 2006 and Judge Else in Courtroom 2000. Huhhh?

August 2019, law enforcement officials from throughout DuPage County, announced the formation of a new county-wide task force – The County’s new Metropolitan Emergency Response & Investigation Team (MERIT) charged with leading investigations into serious crimes, critical incidents and other law enforcement endeavors. Membership in MERIT is limited to law enforcement agencies in DuPage County. Yes, you WILL need a badge to be in this group.

By David N. Schaffer

On This Date In HistoryAugust 18, 2019, marked the 100th anniversary of the ratification of the 19th Amendment to the United States’ Constitution, granting women the right to vote. Especially for readers who did not even know what the 19th Amendment was, I urge everyone to study the actually quite violent, demeaning, and misogynistic opposition to women’s suffrage, as well as the perseverance, determination, and never give-up attitude of the Suffragettes, on both sides of the Atlantic.

Personal PrivilegeDavid N. Schaffer, of Schaffer Family Law, ltd. in Naperville, attended his first American Bar Association House of Delegates session, as a newly elected delegate-at-large (via ISBA) of the House. Among those also representing the Illinois delegation was the DCBA’s very own Vice-President, Wendy M. Musielak, Kreuzer Cores LLP, in Wheaton.

Did You Know?That Joseph F. Mirabella, Jr., recently retired from Mirabella, Kincaid, Frederick, & Mirabella, LLC, of Wheaton and St. Charles, played football for the Fighting Illini at the University of Illinois, Champaign-Urbana?

Thanks for tuning in. Until next time . . .Send your news to [email protected].

News & Events


October Bar Notes

2019 -2020 Monthly Happy Hours – New Venues, New Name, New Focus

By Robert Rupp

Having gone through several iterations over the years, the DCBA Happy Hour is back in full swing for the year ahead. A new collection of venues throughout the county have been identified that are intended to appeal to a wide array of DCBA members, judges, vendors and friends. An event will take place on the third Thursday of every month (except December) with the support of monthly sponsors and the generous support of event Host, Greg Wildman of OVC Lawyer Marketing. All are welcome every month. Also changing in the weeks ahead is the name of this event. In order to reflect networking as the foundation and key purpose for these events and recognizing the tremendous opportunity that each month presents to make new connections with fellow practitioners and the judiciary, DCBA leadership is welcoming suggestions for a new name. Suggestions can be given to any DCBA officer or sent to [email protected].

Memorial Planning UnderwayThis summer marked the passing of several prominent DCBA Members. The association is proud to provide a service whereby announcements are sent to DCBA members opting to receive notice when a member or the immediate fami ly of a member passes away.

To receive these notices, any member can opt into the Bereavement Notices group in their member profile. To have a notice sent, information should be directed to [email protected] with instructions for posting. The request should include the date and time of any arrangements, if and how memorials should be made, and a link to an online obituary or similar announcement.

Also, a committee has been formed to arrange for a special program on January 24, 2020 to recognize all members who have passed away since 2016. If you know of a member who should be recognized at this program and would be willing to speak a few words of remembrance, please email [email protected]. The DuPage Bar Foundation Memorial Plaque will also be rededicated in a brief ceremony in conjunction with this program to bring special attention to those names added to the plaque over the last year. The names of any lawyer can be added to the plaque with completion of the form located at dcba.org/memorial.

Bar Center Classroom RemodeledAfter several years of water and moisture infiltration that has now been corrected, the classroom located on the lower level of the Bar Center has been remodeled with

About the AuthorRobert Rupp is the Executive Director of the DuPage County Bar Association. He has worked in professional association management since 1994, serving a variety of national and international medical and legal associations, including the American Bar Association.

new paint, carpeting and lighting. While the primary purpose of this room is for section CLE programs and classes of the DuPage Driver Improvement School, it is also available for rental for select activities. The room comfortably seats 60 in a classroom style setting that can be reconfigured in many ways. There is a built-in PA system and LCD projector to support presentations or other media. To inquire about renting this space, contact the bar association at (630) 653-7779 or [email protected].

Enroll today as a Mentor or MenteeEnrollment is now open for the next class of the DCBA Mentoring Program, kicking off with an orientation on October 11. With numerous social, service and educational opportunities on the calendar, it is a great time to be a mentor or mentee. (Continued on page 42)

News & Events


ISBA Update

By Kent Gaertner

The ISBA Board of Governors met in Oak Brook on July 19th to kick off the new fiscal year under President David Sosin. Several new faces joined the Board from the last election or by appointment. Congratulations to Mark Karno of Chicago, Dan Saeedi of Chicago, Ted Graham of Taylorville, Amanda Hightower of Edwardsville, Juan Thomas of Aurora, Sarah Toney of Chicago, Mark Palmer of Champaign and Masah SamForey of Joliet. The first order of business was to fill various Assembly and Board of Governor positions that were vacant and had not been filled through the election process. The Board vacancies were from Area Three and Area Four. Congratulations to Nick Feda of St. Charles for Area Three and Heather McPherson of Freeport for Area Four who will now join the Board.

The Board took time to go over some lessons for being an efficient and productive Board by participating in an interactive orientation presentation by Molly Flood from the ABA Division of Bar Services. Even those of us who

have served on a number of Boards continue to find these exercises to be eye opening, beneficial and a great way to increase communication between Board members.

Charles Northrup, ISBA General Counsel, reviewed where the issue of fee splitting with non-lawyer marketing firms is going. Meetings have been held with the ARDC and the Chicago Bar to discuss what common ground may exist to form a compromise position that is acceptable to all parties and the Illinois Supreme Court. These meetings will continue to occur into the fall. As you know, the ISBA strongly opposes fee sharing with non-attorneys as well as joint ownership of law firms with non-attorney entities. I will keep you updated on this important subject.

The Board has approved the formation of a new Food Law Section Council. This area of law is much, much more than agricultural issues. Food law will deal with issues from labeling, food production and distribution, alternative meat industries, craft brewing and distilling, intellectual

property regarding food items and a hundred more areas regarding food and its consumption by the public. ISBA has announced that there will be no charge to join this Section Council during its startup period. Information is available on the ISBA website.

The Special Committee on Assembly Governance had its first meeting on July 18th and Chair Matt Pfeiffer made an initial report to the Board. Meetings of the committee will continue with a goal of having recommendations for the Board by the end of October. The Board would then formulate a proposed policy for review and action by the Assembly at the Mid-Year Meeting in December.

New Year Underway at ISBA

About the AuthorKent is the Eighteenth Judicial Circuit’s representative on the ISBA Board of Governors. He is the principal of Kent A. Gaertner P.C. and “Of Counsel” to Pfeiffer Law Offices, PC where he concentrates his practice in bankruptcy and work-outs. He was president of the DCBA in 2009/2010

News & Events


The inaugural class for the ISBA’s Bar Leadership Institute will be selected by the Institute Governing Board this fall. This program will comprise no more than 20 members who have been practicing between three and 10 years. It will give the participants a background in the ISBA, its structure, it’s leadership positions and their functions, the ISBA’s relationship to the Legislature, the Judiciary, the Illinois Bar Foundation and the ISBA Mutual. It is designed to train future ISBA leaders. Events will

be held throughout the state over the coming year. This is a great opportunity to get involved with ISBA leadership. If you are interested you may contact me [email protected]. An article about the Leadership Institute will be in the September edition of the Illinois Bar Journal. You can also look there for more complete information.

As always, if you have questions or comments concerning the ISBA, please don’t hesitate to contact me.

About the Author

LRS Stats7/1/2019 to 7/31/2019

The Lawyer Referral & Mediation Service received a total of 1222 referrals, including 5 in Spanish (1064 by telephone, 110 online referrals and 48 walk-ins) for the month of July.

We receive calls in the following areas but currently have no attorneys in these areas: Civil Rights, Health Care Law and Mental Health. If you practice in these areas and would like to join LRS or add them to your existing LRS profile, please call Tim Doyle at (630) 653-7779 or email [email protected].

If you have questions regarding the service, attorneys please call or email Tim. Please refer clients to call (630) 653-9109 or request a referral through the website at dcba.org.

Administrative Law . . . . . . . . . . . . . . . . 2Animal Law . . . . . . . . . . . . . . . . . . . . . 0Appeals . . . . . . . . . . . . . . . . . . . . . . . . 3Bankruptcy/Credit Law . . . . . . . . . . . . 23Business . . . . . . . . . . . . . . . . . . . . . . 20Collection . . . . . . . . . . . . . . . . . . . . . 77Consumer Protection . . . . . . . . . . . . . . 10Contract Law . . . . . . . . . . . . . . . . . . . . 5Criminal Law . . . . . . . . . . . . . . . . . . 321Elder Care . . . . . . . . . . . . . . . . . . . . . . 7Employment Law . . . . . . . . . . . . . . . . 78Estate, Trusts and Wills . . . . . . . . . . . .54Family Law . . . . . . . . . . . . . . . . . . . . 240Government Benefits . . . . . . . . . . . . . . . 2Immigration Law . . . . . . . . . . . . . . . . . . 5Insurance Law . . . . . . . . . . . . . . . . . . 17Intellectual Property Law . . . . . . . . . . . . 2Mediation . . . . . . . . . . . . . . . . . . . . . . 3Personal Injury . . . . . . . . . . . . . . . . . 143Real Estate Law . . . . . . . . . . . . . . . . 197School Law . . . . . . . . . . . . . . . . . . . . . 1Social Security . . . . . . . . . . . . . . . . . . . 3Tax Law . . . . . . . . . . . . . . . . . . . . . . . . 1Workers Compensation . . . . . . . . . . . . . 8

Please save the following dates and join your friends and colleagues. Full registration information can be found at www.dcba.org.

Oct. 10—Ask a Lawyer Help Desk DuPage Judicial Center, Room 2017 Oct. 11—Mentor Program Orienta�on, ARC Oct. 18—Happy Hour recognizing Judiciary, Il Sogno, Wheaton Oct. 21—Pro Bono Breakfast, ARC Oct. 22—Expungement Training—MCLE Credit, ARC Oct. 24—Ask a Lawyer Day (All areas of law) Courthouse Annex mul�‐purpose rooms Nov. 8—Veterans Lunch & MCLE programming, ARC Nov. 15‐16—GAL Training, County Auditorium, 421 N. County Farm Dec. 12—DCBA, DAWL, Jus�nian Holiday Party Harry Caray’s, Lombard Dec. 19—DBF Holiday Breakfast ARC

Save the Date-Oct 19-REVISED.indd 1 9/26/19 9:27 AM

News & Events


Judge Michael W. Fleming’s serious countenance sturdily held my gaze as I started to learn about his career, his life, and history in DuPage County, as he fills one of the Associate Judge vacancies created as a result of several recent resignations, retirements and judicial elevations. Judge Fleming currently serves in the Addison Field Court in DuPage County.

Although Judge Fleming began speaking with me in his grave and thoughtful tone, as the interview progressed, his personality shone through his words and stories, as his eyebrows furled at injustice, his eyes twinkled with pride when speaking about his family, his gravelly voice boomed as he recounted hard-won trials, and his rough laugh abounded when relating his recent cooking endeavors. Throughout the interview, underneath a stoic facade, Judge Fleming exuded a passion for justice, a thirst for defending difficult positions, and an appetite for litigation and for life.

Judge Fleming related that as a child, he enjoyed growing up in DuPage County along with his three sisters, which he

recalls “was quite a zoo.” Judge Fleming participated in high school varsity athletics, worked in a factory, took college classes in high school, was employed as a line-cook, and participated in college athletics, from which he learned to work hard, to be prepared, and to be humble. He then graduated with a Bachelor of Science degree with a double major in Accounting and Finance from the University of Illinois and passed the CPA exam.

Wanting more than to be defined by his athletic ability or financial acumen, Judge Fleming pursued the legal profession, thinking, “I know my background is in accounting, but I want to litigate!” During law school, many teachers positively influenced his inclinations toward litigation, such as his Trial Advocacy teacher, John Gubbins. Judge Fleming was also blessed with a supportive family composed of his parents and his sisters, who encouraged him to succeed, drove him anywhere and everywhere he needed to go, helped him through law school, offered him important and sage advice, and laid the foundation to give him the best chance for success.

After graduating from John Marshall Law School in 1983, and only then finding out that his great-great grandfather had served as Chief Judge in Harrisburg, Pennsylvania, Judge Fleming worked diligently and held these distinguished positions: Clerk and Associate with William D. Maddux and Associates (1981-1984), Associate with the Law Offices of Walter Ketchum (1984-1985), Assistant State’s Attorney with the DuPage County State’s Attorney’s Office (1985-1990), and Solo Practitioner with the Law Offices of Michael W. Fleming (1990- 2019). From his employment with Attorney Maddux, Judge Fleming learned to represent plaintiffs in personal injury cases, and he immediately flung himself into trial work, his passion. Attorney Maddux encouraged him to watch and participate in multiple trials, and Maddux’s passionate representation taught him to not be afraid to take on difficult cases. During his service in the public sector with the DuPage County State’s Attorney’s Office, Judge Fleming tried hundreds of cases, progressing to

Meet Judge Fleming By Clarissa R. E. Myers

Michael W. Fleming

News & Events


WelcomeWelcome to the new DCBA members.

Attorney Members: Jim Rollins, Jim Rollins Law, LLC; Julie Trevarthen-Escarcida; Jennifer Filipiak, Keay & Costello, P.C.; Eric Telander, The Stogsdill Law Firm; Kelsey Burgess, Office of the Public Defender; Catherine Camic, Office of the Public Defender.

Affiliate Members: Alex Braun, One Legal; Michelle A. Hall, The Chicago Trust Company, N.A. a Wintrust Wealth Management Company; Danielle M. Acuna, DefendEdge CO LLC; Nathan Kraus, AXA Advisors.

Legal Community Members: Laurel Paddock, Mirabella Kincaid Frederick & Mirabella, LLC; Kari Osier, Illinois Credit Union League.

Student Members: Joseph Robert Kent; Jason Santiago; Maria Ramirez; Vanessa O’Brien; Anne Haas.

felony prosecutions after only one year, and he litigated hundreds of cases in the areas of major crimes, residential burglary, Class X narcotics cases, and two death penalty cases. While trying cases with his supervisor, [now Judge] Brian Telander, Judge Fleming learned to be prepared and anticipate every difficulty. “I learned to properly employ the inherent prosecutorial power to represent the victims in my cases. I felt such empathy for them, and I wanted to do what was right. These aren’t things you can learn out of a manual…you have to learn by doing them.” Upon becoming a solo practitioner, Judge Fleming expanded his knowledge of the law to estate planning, tax planning, and other areas, including criminal defense work. Judge Fleming’s fondest memories of his practice are of his most difficult cases, where he passionately defended the rights of others for almost thirty years.

Regarding his new appointment as Associate Judge, he hopes his even temperament, calm demeanor, familiarity with both the prosecution and the defense, and his extensive litigation experience will allow him to be a fair and competent judge. To Judge Fleming, integrity, respect for all parties, an even judicial temperament and courtroom management are keys to a successful courtroom. “My goal is to be hardworking and fair, so at the end of the day, all parties feel like they had a fair trial and a fair judge.” Judge Fleming enjoys mentoring and giving advice to new attorneys. For example, during an Advanced Trial Advocacy Class at Loyola Law School,

when a law student was late for trial, Judge Fleming calmly stated with his dry humor, “You’re late. You’ve been defaulted.” Also, while participating in Illinois Attorney General trial advocacy training, Judge Fleming taught new attorneys from his own mistakes, stating, humbly, “You don’t forget those mistakes, but you do learn from them.”

When giving advice to all new attorneys, Judge Fleming believes one should “learn from every experience you have and take ownership of all your decisions, good or bad. It builds character.” And lastly, he always teaches new attorneys to “be respectful of the opposing attorney, the process, and the judges.”

On a serious note, if any member of the Bar has questions about sports, sports players, sporting events, or new and upcoming sports gossip, Judge Fleming is the new go-to. He likens the practice of law to sports in this way, “Like in sports, it’s competitive; one side has to win. I enjoyed fighting passionately to succeed and to see that the right outcome occurred.”

In addition to sporting knowledge of baseball, basketball, football, hockey and any and every sport imaginable, Judge Fleming enjoys golfing and working out at the gym. He also enjoys trying his hand at cooking random recipes. When asked about his most recent recipe, Judge Fleming smiled wryly and responded, “I made a duck for the first time, but I don’t think it was a good duck.”

Judge Fleming raised his family of two girls in DuPage County, in addition to serving this community in both the public and the private sector. He is very

proud of his two (now) adult children who followed in his footsteps by graduating from the University of Illinois.

At the end of the interview, with a quirky smile, a soft laugh, and a large measure of parental pride, Judge Fleming shared his favorite saying related to his daughter who graduated with an aeronautical engineering degree. “Sometimes you will hear someone say, ‘What are you, some sort of rocket scientist?’ I respond with, “No, but my daughter is!”

News & Events


The annual Lawyers Lending a Hand Coat drive will take place November 1-21 of this year. Founded by now Judge Paul Marchese and then DCBA Executive Director Eddie Wollenberg 19 years ago, Lawyers Lending a Hand gathers volunteers who happen to be lawyers for non-legal pro bono activities. LLH conducts annual coat drives and holiday toy collections, has provided volunteer labor for food pantries, animal shelters and other organizations and has been involved in such activities as pizza parties at the county convalescent center and basketball games with children who live in government subsidized housing. For the coat drive, DCBA members and County employees are asked to donate new and clean, gently used coats (as

well as new winter hats and gloves) to be sorted and distributed November 21st by volunteers. Multiple departments of DuPage County Government participate in the drive as well with a friendly competition. Last year’s combined total of coats and other cold weather wear was over 2,000, the majority of which were donated by generous county employees. Also last year, the firms of Mirabella, Kincaid, Frederick & Mirabella; Kollias and Giese; and Mulyk & Laho took up their own firm challenge, bringing in impressive numbers of coats as well. We hope other firms will take up the challenge this year.

Lawyers Lending a Hand will donate the coats to the underprivileged of DuPage County via several local charities

It’s Time to Clean Out Those Closets!

which take charge of the distribution. Included among the charities in the past have been World Relief, Family Shelter, DuPage PADS, Addison and West Chicago Community Closets and Woodridge Food Pantry. Members are asked to drop off their donations at the Bar Center between November 18th and 4 p.m. on November 21st. Volunteers are needed on the 21st to help sort all the donations. Anyone with questions or wishing to volunteer should contact Eddie Wollenberg at (630) 668-2415.

LLH is always looking for new projects as well. If you have ideas for future projects, please contact Eddie Wollenberg or Judge Paul Marchese.

Lawyers Lending A Hand Coat Drive Set For November 1-21

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George was born in Tela, Honduras, but raised in Orange County, California. His father, James Ford, is a Chicago native and a 24-year veteran of the US Marines. George’s father met and married his mother, Margarita Ford while living in Honduras.

After graduating high school, George left the sunny confines of California to pursue his undergraduate degree and a master’s degree in Psychology and Organizational Psychology in Louisiana. As he pursued his master’s degree from Louisiana Tech University he worked for Horseshoe Casino in various positions ultimately working his way up the ranks to becoming Human Resources Manager. That position would, unbeknownst to George, be the catalyst for his entry into the legal field.

In 1999, Horseshoe casino purchased two casinos in the Midwest and once again Judge Ford was on the move, this time packing up and calling Illinois home. George eventually left the casino business altogether in hopes of pursuing a career in employment law, however, he learned quickly that his passion was criminal law.

Becoming a lawyer seemed like a logical

move for George seeing that his roots in employee relations gave him a unique perspective from which to draw. He also felt that he would be able to cast a greater net of “customer service” to a broader population of people by entering into the legal profession.

His legal career after law school began at a small law firm in Joliet, but after 6 months there, George applied for a position with the DuPage County Public Defender’s office. After 14 years with the office, in which he held multiple roles, George left as Deputy Chief Public Defender this past February. During his time at the Public Defender’s office, Judge Ford enjoyed the many opportunities he had to be supervised by some of the most brilliant minds in the office and the opportunity to lead some very talented attorneys himself. He looks back fondly with a huge smile.

One of George’s most memorable cases was State v. Elzbieta Plackowska. It was a case that dealt with a mother who was found guilty of killing her 7-year old son and a neighbor’s 5-year old daughter whom she babysat. It was one of the first trials that allowed cameras into the courtroom proceedings in DuPage County. As a father of a young

Meet theHonorable George A. Ford

By Jay M. Reese

George A. Ford

child, it was an emotionally taxing set of circumstances personally, but professionally, it pushed George to the limits of learning areas of the law that he had never before encountered. Added to this pressure, was the fact that the trial judge was Honorable Robert Miller, the person who hired George into the Public Defender’s Office.

In his free time, George has been a DCBA Judges’ Nite participant, where his enthusiasm and gentle good humor were much appreciated. George is a devoted father to a 4-year old daughter. He enjoys fishing and tennis and at any given moment you can find him reading stories of Greek mythology or stories from Edgar Allen Poe and Paul Coehlo. He also credits the tenets of his faith for providing him an attitude of respect for all people and of humbleness towards the position and responsibility of being a judge. The thought of being the first black judge in DuPage County is not lost on Judge Ford, in fact, he is moved every time he sees the smiling faces of individuals of all diverse backgrounds and cultures who wish him well. He is currently in the Downers Grove traffic court.

News & Events


Legal Aid Update

By Cecilia Najera

DuPage Legal Aid (DLA) consistently provides over 10,000 hours of legal assistance in DuPage County. We are a program that comes from a strong tradition of service within the DCBA. The DCBA has cultivated an attitude amongst its membership that responsively acts in the spirit of giving. Where there is a need, the membership will address it. DLA is a program of neighbors helping neighbors, and our program would be nothing without the help of the more than 400 attorneys who volunteer to take cases through DLA. This October, we celebrate Pro Bono Week, our pro bono volunteers, and the difference volunteer attorneys make in our clients’ lives even though they may not realize the huge impact they have on our clients. We are so grateful for all you do!

Over the 18 years I’ve worked for DLA, I have seen so many volunteers that, through their kindness, give hope to our clients and help them realize that they are not alone. These volunteers are diplomats of our profession to the public and show the public the charitable side of lawyering. Many volunteer just because “they can” or because they believe “it’s what we’re supposed to do.” These volunteers may not really

understand the impact they have on our clients. They truly provide the legal link to a brighter future for our clients. They steward the less fortunate in our community and advocate for individuals who may be struggling to find a voice within the legal process. They strengthen our community.

You may be thinking, how does helping with a Divorce, Parentage or Probate case help people? I hear from the clients quite often just how much of an impact our volunteers have on their lives. A former client of DLA that I recently caught up with is CB. Her husband was using drugs and had become abusive. CB and her two daughters sought refuge in a domestic violence shelter. While in shelter, she was served with a Petition for Divorce and an Emergency Petition to Turn Over the Children. She was scared and isolated because she had recently moved to Illinois from Florida with her husband and children. She didn’t have any family nearby. With her attorney’s help, she was able to relocate back to Florida where she is now amongst family. In three short years since her divorce was finalized, CB has obtained her CNA, and is currently in school working towards earning her RN. She and her children are

happy and healthy.

This is what she says about her experience with DLA, ”Being in a shelter with no money, no job, no childcare, no family or friends in the state made it seem hopeless that I would ever get to a better place, ever be able to take care of my children. Having our case accepted by DLA gave me the little bit of hope that I needed to keep going. It was a long road, but step by step it kept getting better.” The GAL, Lindsay Jurgensen, [also a pro bono DLA volunteer attorney] was needed in our case and I could never have afforded it if it had not been pro bono. She was amazing as well.” Sometimes we don’t realize that by simply doing our jobs, we have a major impact on individuals and our society. (Continued on page 42)

CHEERS to You

About the AuthorA Wheaton native, Cecilia “Cee-Cee” Najera is a graduate of the University of Iowa and received her J.D. from Southern Illinois University. She served as the DCBA New Lawyer Director from 2004 to 2009 and is currently the Director of DuPage Bar Legal Aid Service.

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News & Events


CB also said, ‘The experience I had with DLA truly made me appreciate honesty and I believe that it does pay off… I could not have gotten free without the representation I received.”

There are hundreds of grateful clients from different creeds, cultures and backgrounds that our volunteers impact every year. Our volunteers may just be

lending a hand because they can, but the legal assistance they provide gives hope and the ability to progress and take flight to a brighter future for them and their children. Mark Twain said, “Kindness is the language which the deaf can hear and the blind can see.” This is the type of impact our volunteer attorneys have on our clients. So, today I raise my glass to the volunteers of DLA. CHEERS to you!

Legal Aid Update (Continued from page 39)

Our mentor program was launched in 1994 and since 2012 has operated the program as an approved administrator of the Illinois Supreme Court Commission on Professionalism (ILSCCP) Lawyer-to-Lawyer Mentoring Program. Successful completion of the year-long program satisfies Illinois’ professional responsibility CLE requirement for both the mentor and mentee. An entirely free service offered to members of the DCBA, this program pairs attorneys with less than five years in practice with attorney mentors who have practiced law at least six years. Visit dcba.org/page/Mentor for additional information and a link to the relevant ILSCCP program applications. If participating in this round is not an option for you, consider applying now for placement in the April 2020 class. Applications are accepted at any time.

October Bar Notes (Continued from page 31)

Collaborative Divorce allows you to grow your divorce practice more peacefully and sustainably.

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Are TOXIC DIVORCE CASES stressing you out?

Pro Bono Legal Aid client “CB” and her children in their new life.

Congratulations to the Wheaton firm Peregrine, Stime, Newman, Ritzman & Bruckner, Ltd. on celebrating 60 years in the practice! In September of 1959, Roy Peregrine and Hartman (“Harty”) Stime left practices in Chicago to start a general practice firm in Wheaton. The firm has practiced in Wheaton since its 1959 founding. Please extend your anniversary congratulations to Roy Peregrine, Tom Newman, Roger Ritzman and Mark Ritzman!

Congratulations to the

Peregrine, Stime Firm

News & Events


ClassifiedsNaperville“Turn-key,” 1-2 office law firm space in National Register historic building – 15 minutes from DuPage Courthouse and adjacent to Naperville Metra station. “Turn-key” firm includes: receptionist, experienced paralegal/clerical staff, billing/bookkeeping staff and software, up to two furnished offices, shared conference room, Westlaw subscription, large printer/scanner, kitchen, digital server space, physical file storage space, phone system (new or existing number), interior building signage, free parking. Available immediately. Space shared with another law firm (land use/eminent domain/municipal/real estate) and must be compatible. Call Christina Morrison at 630-637-9811 or email [email protected] for more information.

NapervilleNewly Refinished Downtown Naperville single-attorney office for rent: 9 X 13 - $550.00 per month; building utilities included. Contact Mike Canulli at (630) 717-7877 or [email protected].

Wheaton-Danada AreaOffice (14’ 2” x 10”6”) in prestigious Danada area of Wheaton; Office suite has 4 offices, 3 of which are occupied by other lawyers; conference room, kitchen, reception area; Available Immediately. $675.00. Furnished or unfurnished. Call (630) 260-9647.

Glen EllynTwo prime office spaces in downtown Glen Ellyn in a lawyer suite. Each space excellent for multiple solos, a small firm with 2-3 attorneys/staff, or combined for a small firm of 4-6 attorneys/staff. 15 minutes from DuPage Courthouse and 30 min. from Kane. Within walking distance of Glen Ellyn Metra station, as well as multiple banks, Realtor offices, and restaurants. Street advertising available. Exceptional opportunity for Business Law, Estate Planning, Probate, Real Estate and Tax. Includes shared reception area and access to conference room. Referrals possible. Contact Charles at (630) 469-7100 or [email protected].

News & Events


Where to Bewith DCBA

Since 2009, lawyers and legal organizations across the country have come together to participate in a national celebration of pro bono legal services: Pro Bono Week. The American Bar Association, which regards pro bono services as a professional responsibility and ethical commitment of every lawyer, created Pro Bono Week to encourage lawyers and legal organizations to share their knowledge and skills with those who may not otherwise be able to afford legal services.

This year’s Pro Bono Week celebration will be held during the week of October 20-26, 2019. The DuPage County Bar Association (“DCBA”) and its partners at the Public Interest Law Initiative (“PILI”) have a full week of activities planned to highlight the need for pro bono service and volunteer opportunities.

Monday, October 21, 2019, DCBA members are invited to a special breakfast to promote volunteerism and the spirit of pro bono in DuPage County.

Tuesday, October 22, 2019, the DCBA will host a CLE and public forum on criminal record expungement.

Thursday, October 24, 2019, volunteers are needed in all legal areas for a special Ask a Lawyer Day in the courthouse annex conference rooms. DCBA is asking that each Section provide at least 2 attorneys to help answer questions in that area of law. If you would like more information or wish to volunteer, contact Tim Doyle at [email protected].

Full details about and registration for Pro Bono Week events will be available from the DCBA office, at dcba.org, and in the weekly DCBA Docket email newsletter.

If you are unavailable to attend any of these events during Pro Bono week, consider volunteering at the DCBA’s Ask A Lawyer Help Desk, which typically takes place on the first and third Thursday of the month, from 1 p.m. to 4:30 p.m. in Room 2017 of the DuPage Judicial Center. Attorneys who volunteer their services assist pro se litigants in the areas of small claims, tenancy, and arbitration. Information about volunteering for the Ask A Lawyer Help Desk can be found at dcba.org. The Domestic Relations Help Desk on Monday and Wednesday afternoons is also a great way to volunteer your assistance for pro se filers. Sign up in the Domestic Relations’ Division office.

Pro Bono Week 2019

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