june 24, 2009 909 n. michigan ave. westin hotel chicago

Board of Governors’ Meeting

June 24, 2009 909 N. Michigan Ave.Westin Hotel Chicago, IL 60611

AGENDACall to Order and Roll Call

1. Establish quorum2. Approval of Minutes of March 25, 2009 Meeting

Chairman’s Remarks

Director’s Report

1. Fiscal Information

a. Fund Balancesb. FY10 Budget Status

2. Activity Reports

a. Brief Productionb. Special Prosecutionc. CLEd. Other

3. Reports on Federal Grant Projects

a. Local Drug Prosecution Support Programb. Special Appeals Unit/Systemic Sentencing Issuesc. Arrest Grant (Sexual Assault/Domestic Violence)

4. University of Illinois College of Law Prosecutorial Fellowship Program

5. Personnel Update/New Employees, Resignations, Contractual, etc.

6. Election of Officers

New Business1. Salary Reimbursement Status

Adjournment

2

Designed case management program for Special Prosecutions Unit.

Modernized communications (Email ListServe and Web Redesign).

Trained more prosecutors than ever before.

Achieved lowest brief backlog in last 25 years.

Implemented first minority intern program and developed U of I Prosecutorial Fellows Program.

Implemented progressive discipline sanctions for underperforming brief writers.

Provided cost-effective supportive services in specialty legal areas. (Labor, Real Property Tax Objections).

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Fund Approp.Authority

Beg. Rollover for FY09

Receipts Expenditures FundSweep

Cash Balance

001-General Revenue Fund

5,935,733 -0- 5,935,733 5,679,500.51 -0- 256,232.49

001-Cook County Grant

2,565,000 -0- 2,565,000 2,560,000 -0- 5,000

745 –County Fund

2,315,000 301,625.94 1,447,100.41 1,230,476.08 -0- 518,250.27

844 –Cont.Legal Ed.Fund

150,000 44,292.42 25,548.90 46,345.95 -0- 23,495.37

951 –NarcoticForfeitureFund

1,350,000 715,578.59 762,425.25 686,912.45 187,500

603,591.39

614 –Capital Lit.Trust Fund

500,000 -0- 500,000 245,777.64 -0- 254,222.36

5

HB 2145 General Revenue Funded

OperationsPassed Both Houses

HB 2206Other State Funded OperationsPassed Both Houses

SB 1197General Revenue Funded Lump

Sum GrantsSenate Motion to Reconsider

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DOCUMENT/SERVICE SECOND THIRD FOURTH FIFTH TOTALCASES PENDING FIRST OF MONTH 89 48 36 39 212NEW CASES RECEIVED 42 20 48 19 129ORIGINAL BRIEFS FILED 33 26 34 14 107SUPPLEMENTAL BRIEFSFILED 1 0 1 0 2

REPLY BRIEFS FILED 1 2 1 0 4PETITIONS FOR REHEARING FILED 0 1 0 0 1PETITIONS FOR LEAVETO APPEAL FILED 0 2 1 2 5CONFESSIONS OF ERRORFILED 2 0 0 0 2

CASES DISMISSED/CONSOLIDATED/TRANS’D/OTHER 16 2 2 2 22MOTIONS FOREXTENSION FILED 26 0 8 17 51ORAL ARGUMENTS 5 4 3 11 23ADVICE CALLS 55 16 21 46 138CASES PENDING ATEND OF MONTH 78 35 45 40 198

YEAR TO DATE STATISTICS

NEW CASES RECEIVED 461 362 440 215 1,478ORIGINAL BRIEFS FILED 337 302 376 190 1,205SUPPLEMENTAL BRIEFSFILED 4 0 4 0 8

REPLY BRIEFS FILED 10 8 12 7 37PETITIONS FOR REHEARINGFILED 7 12 6 1 26PETITIONS FOR LEAVE TO APPEAL FILED 17 24 15 5 61CONFESSIONS OF ERROR FILED 20 0 6 15 41CASES DISMISSED/CONSOLIDATED/TRANS’D/OTHER 96 23 4 14 137MOTIONS FOR EXTENSIONS FILED 421 4 39 236 700ORAL ARGUMENTS 15 35 33 80 163ADVICE CALLS 501 270 161 408 1,340

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ATTORNEY CASES CASES TOTAL COMPLETE PENDING PAID

Robert Davison 3 1 4,225.00Thomas Dodegge 6 2 3,200.00David Hibben 4 1 7,925.00Timothy Hudspeth 1 0 562.50Stephanie Hoit Lee 13 3 19,600.00Joseph McDonnell 0 1Erin Piscitelli 2 0 2,362.50Anita Richardson 3 0 2,050.00Sharon Shanahan 53 5 65,275.00Julie Shea 2 0 4,000.00Catherine Steigmann 1 0 2,000.00Megan Valentine 1 0 800.00Catherine Voigt 6 0 10,575.00TOTAL 95 3 122,575.00

CONTRACTUAL BRIEFWRITERS SUMMARYJune 17, 2009

YEAR ATTYS BRIEFS TOTAL COST COST PER BRIEF

FY09* 13 95 $122,575.00 $1,290.26FY08 24 291 $323,341.93 $1,111.14FY07 36 294 $409,862.47 $1,394.09FY06 34 210 $292,369.08 $1,392.23FY05 32 197 $259,195.00 $1,315.71FY04 34 257 $338,564.17 $1,317.37FY03 32 207 $270,962.50 $1,309.00FY02 27 217 $325,107.94 $1,498.19FY01 57 282 $439,178.00 $1,557.37FY00 59 297 $477,473.00 $1,607.65FY99 52 234 $309,848.00 $1,324.14FY98 53 272 $343,623.60 $1,263.32

*As of 06/17/09 8

PROSECUTOR TOTAL CASES CASES CLOSED CASES PENDING

Chuck Colburn 68 29 39

Ralph Fowler* 15 8 7

Lorinda Lamken^ 1 0 1

Ed Parkinson 27 5 22

David Rands 71 30 41

Mike Vujovich 35 16 19

Chuck Zalar 66 30 36

TOTAL 283 118 165

SPECIAL PROSECUTIONSummary of Prior and New Cases

November 30, 2008 to June 15, 2009

*Drug Grant Attorney Appointed for Drug Cases^Arrest Grant Attorney Appointed for Domestic Violence and Sexual Assault Cases

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SPECIAL PROSECUTIONSSummary of Prior and New Cases


*New State’s Attorneys

COUNTY TOTAL CASES CASES DISPOSED CASES PENDING

ADAMS 3 0 3

ALEXANDER 4 0 4

* BOONE 2 0 2

BUREAU 1 0 1

CARROLL 2 0 2

CASS 1 0 1

CHAMPAIGN 1 0 1

CHRISTIAN 7 2 5

CLARK 2 0 2

* CLAY 6 2 4

* CLINTON 37 21 16

CRAWFORD 1 1 0

CUMBERLAND 1 0 1

* DE WITT 2 1 1

DEKALB 1 0 1

DOUGLAS 8 6 2

* EDWARDS 1 1 0

EFFINGHAM 4 2 2

FAYETTE 1 1 0

* FORD 1 0 1

FULTON 11 6 5

* GALLATIN 14 8 6

GREENE 4 1 3 11

SPECIAL PROSECUTIONSummary of Prior and New Cases


*New State’s Attorneys


GRUNDY 4 0 4

* HARDIN 2 0 2

HENRY 1 0 1

IROQUOIS 1 1 0

* JASPER 10 8 2

* JEFFERSON 3 0 3

JERSEY 2 1 1

JOHNSON 1 1 0

KANE 17 9 8

KANKAKEE 6 0 6

KENDALL 2 1 1

KNOX 10 2 8

LAKE 1 0 1

LASALLE 1 0 1

* LAWRENCE 1 1 0

* LEE 3 3 0

LIVINGSTON 4 0 4

MACOUPIN 3 3 0

MADISON 21 7 14

MARION 1 0 1

MARSHALL 1 0 1

MC DONOUGH 4 2 2

MC LEAN 5 1 4 12


MENARD 1 0 1

MERCER 1 0 1

MONTGOMERY 2 1 1

MORGAN 1 0 1

MOULTRIE 3 0 3

* PIATT 2 1 1

* PUTNAM 1 0 1

RICHLAND 4 2 2

ROCK ISLAND 3 3 0

* SALINE 2 0 2

SANGAMON 2 1 1

SHELBY 4 2 2

STARK 1 0 1

STEPHENSON 3 2 1

TAZEWELL 1 0 1

* UNION 3 1 2

* VERMILION 1 0 1

WARREN 1 0 1

WASHINGTON 3 1 2

WHITE 1 1 0

WILL 19 9 10

* WINNEBAGO 4 1 3

WOODFORD 1 1 0

TOTAL 283 118 165

SPECIAL PROSECUTION UNITSPECIAL PROSECUTION UNITSummary of Prior and New CasesSummary of Prior and New Cases

November 30, 2008 to June 15, 2009November 30, 2008 to June 15, 2009

*New State’s Attorneys13

Programs Conducted Date Students CLE HoursAt Risk-The Co-occurrence of Child Abuse, Animal Abuse, and Domestic Violence August 22, 2008 4 6Advanced Trial Advocacy September 7-11, 2008 27 24.75Capital Litigation Program October 9-10, 2008 112 13.5Basic Trial Advocacy November 9-13, 2008 22 24Incoming State’s Attorneys Conf. November 18-19,2008 23 7Advanced Trial Advocacy March 8-12, 2009 28 24.75Hot Tips for Prosecutors April 16-17, 2009 128 7Basic Trial Advocacy May 17-21, 2009 27 27Ethics: The Movie (As of June 15) June 19, 2009 100 4

472 5,635.25Program Description:The At Risk-The Co-occurrence of Child abuse, Animal Abuse, and Domestic Violence was

provided by Betsy Goulet. It was lecture format for people who work in fields which include domestic violence issues.

Incoming State’s Attorneys Conference is a general orientation course for newly elected State’s Attorneys.

The Advanced Trial Advocacy Program is a five day training for prosecutors who have at least four years experience or have tried at least 10 felony trials to verdict. The format is trial simulated. A course problem is sent to the participants in advance in order to “prepare for the trial”. Several hours of “trial simulated” exercises give the faculty an opportunity to critique the students on a one on one basis. The program is also approved for Capital Litigation. New initiatives for Spring Program included the availability of Courtroom presentation equipment for the first time.

The “Hot Tips for Prosecutors” was a program covering critical issues for courtroom prosecutors conducted by Judge Steigmann and Judge Shanes at the University of Illinois College of Law.

The Basic Trial Advocacy Program is a 5 day program patterned after the National Institute for Trial Advocacy programs, and is geared toward teaching effective trial technique in a learning-by-doing atmosphere. This program is for prosecutors with little experience in the courtroom. Students are assigned a hypothetical case that they will prepare to prosecute. The performances of all participants are videotaped and critiqued by experienced instructors. Innovations for the Spring Program included transmittal of case materials and trial exhibits in digital format, updated predicate question materials, modifications to the problem to incorporate a child witness, additional training modules for Domestic Violence prosecutions, Jury Selection and Courtroom presentation technology.

The Capital Litigation Program is a program for prosecutors in capital litigation. It is 13 hours of MCLE credit and is approved for Capital Litigation certification credit. It is all lectures.

“Ethics: The Movie” is a nationally recognized program incorporating a movie-based scenario followed by a jurisdiction specific lecture oriented to prosecutors, developed in Illinois to fulfill the four hour Professional Responsibility MCLE requirement.

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Implemented pilot program based on budget flexibility created by unanticipated retirement.

10 Week program beginning on June 1, 2009.

Located in Second District Office under supervision of Deputy Director.

Activities include brief writing in collaboration with staff attorneys, monitoring oral arguments, observing trials & In Camera meetings with Appellate Court Judges.

One consensus candidate recommended from Black Caucus leadership.

(2L Ashley Shambley)

One consensus candidate recommended from Latino Caucus leadership.

(1L Stephen Berrios)

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Cases (8) Still PendingCounty Unit Union Activity

Calhoun Sheriff USW MediationLee Sheriff FOP MediationMacoupin Sheriff PBLC Contract BargainingMacoupin Sheriff PBLC Impact BargainingMacoupin Sheriff PBLC Numerous

GrievancesMore than one case or contract settled each week for the first nine months of fiscal

year.

1 Macoupin Officials AFSCME Charge Against EmployerWithdrawn

2 Macoupin Sheriff PBLC Numerous Overtime Grievances Settled

3 Macoupin Sheriff PBLC Posting grievance Withdrawn

4 Macoupin Health AFSCME Longevity Grievance Settled

5 Macoupin Health AFSCME Layoff Arbitration Settled

6 Macoupin Health AFSCME Layoff Grievance Settled

7 Macoupin Health AFSCME Personal Day Grievance Settled

8 Macoupin Health AFSCME Discipline Grievance Settled

9 Macoupin Health AFSCME Charge Against Employer Settled

10 Macoupin Health AFSCME Suspension Arbitration - Lost

11 Macoupin Sheriff PBLC Leave Grievance Settled

12 Macoupin Circuit Clerk AFSCME Demotion grievance Settled

13 Macoupin Officials AFSCME Longevity grievance Settled

17

County Unit Union Activity14 Macoupin Officials AFSCME Unit Clarification -

Lost15 Macoupin Sheriff PBLC Charge Against

Employer withdrawn16 Macoupin Sheriff PBLC Shift grievance

arbitration settled17 Macoupin Officials Teamsters Drug Abuse

suspension Settled18 Lee Highway Operators Charge Against

Employer19 Lee Officials Teamsters Charge Against

Union Withdrawn20 Morgan Sheriff AFSCME Promotion

Grievance Settled21 SAAP Attorneys AFSCME Labor

Management Meeting

22 Bond Sheriff FOP New Contract23 Lee Officials Teamsters New Contract24 Lee Highway Operators New Contract25 Macoupin Officials AFSCME New Contract26 Macoupin Circuit Clerk AFSCME New Contract27 Morgan Officials Carpenters New Contract28 Morgan Highway Operators New Contract29 Morgan Sheriff FOP New Contract30 Morgan Jail FOP New Contract31 Perry Sheriff FOP New Contract32 Perry State’s Laborers New Contract

Attorney33 Perry Health Laborers New Contract34 Shelby Sheriff FOP New Contract35 Shelby Officials AFSCME New Contract36 Lawrence Officials Laborers New Contract37 Lawrence Sheriff FOP New Contract38 SAAP Attorneys AFSCME New Contract

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Bureau County

Assist with Teamsters’ issues with changes to health insurance.Assist with meeting with Teamsters regarding health insurance changes.Assist with Unfair Labor Practice charges filed by Teamsters regarding health

insurance changes.Assist with Grievance filed by Teamsters regarding health insurance changes.Assist with selection of Arbitrator regarding health insurance changes.Preparation of Position Statement regarding Teamsters Unfair Labor Practice

charges.Assist with settlement of Teamsters issues regarding health insurance changes.Assist with Finance Committee Meeting.Assist Sheriff’s Department with Interest Arbitration.Assist Bureau County Assessor’s office with reinstatement issues.

Greene County

Various telephone conferences and e-mail with Rick Stewart (FOP Representative) and Greene County State’s Attorney regarding overtime grievance and retroactive pay regarding Matt Hawkins’ grievance/settlement.

Henry County

Preparation for upcoming labor negotiations with Courthouse and AFSCME.Assist Courthouse with labor negotiations.Assist with preparation of Responses to AFSCME’s proposals at labor negotiations.Review budget schedules and financial statements.Assist Courthouse with request for mediation for negotiations with Courthouse and

AFSCME.Assist Courthouse with selection of Mediator.Preparation for upcoming mediation with Courthouse and AFSCME.Assist Courthouse with AFSCME’s request regarding Health Care Plan.Assist Courthouse with mediation.Assist Treasurer’s office with employment issues.Assist Courthouse with hiring practice issues.

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Knox County Nursing Home

Various telephone conferences with Marianne Wiesen (Administrator), Jan Occhi and Randy Lynch regarding vacation accrual and language to incorporate into agreement. Knox County Sheriff

Various telephone conferences with Sheriff Clague, Kelly (AFSCME) and Arbitrator Greco to select and finalize date for Sturgeon arbitration for July 7, 2009. Review Sturgeon file and begin preparations for upcoming arbitration. Prepare Sgt. Joshua Sturgeon termination materials; phone conference with Captain Caslin requesting documents for AFSCME. Prepare questions for witnesses in Sturgeon matter. Gather information and prepare exhibit books for arbitration hearing.

Logan County

Assist Health Department with subpoena regarding documentation requested.Assist Sheriff’s Department with rehiring issues.Finalization of Collective Bargaining Agreement for Health Department.Assist Sheriff’s Department with grievance filed by Spickard.Assist Sheriff’s Department with FOP meeting regarding Spickard grievance.Assist Sheriff’s Department with settlement agreement regarding health insurance issues.Preparation of settlement agreement with FOP regarding health insurance issues.

Tazewell County

Various telephone conferences and e-mails with Rob Scott, David Jones, Sheriff Huston and Arbitrator Feuille regarding upcoming grievance arbitration tentatively set for June 23, 2009 and setting a date for interest arbitration/mediation.

Review Police Benevolent Deputies contract and Control Room Operators contract and continue negotiations. Various telephone conferences and e-mails with Dave Jones, Sheriff Huston and Teresa to discuss various issues regarding negotiations. Various telephone conferences with Sheriff Huston, David Jones and Tom McGuire regarding Deputy Bass’ discipline matter and research regarding seniority during suspension period. Prepare correspondence to Sheriff Huston regarding seniority accrual while on suspension. Various telephone conferences with all parties involved regarding negotiation dates.

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Christopher E. Sherer

19 Cases processed in 12 Counties

1. Bureau County - 1 Case processed.2. Carroll County - 3 Cases processed.3. Christian County - 1 Case processed.4. Crawford County - 1 Case processed.5. Jefferson County - 2 Cases processed.6. Marion County - 1 Case processed.7. Mason County - 1 Case processed.8. Moultrie County - 4 Cases processed.9. Pike County - 2 Cases processed.10. Putnam County - 1 Case processed.11. Stephenson County - 1 Case processed.12. Vermilion County - 1 Case processed.

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NUMBER OF CRIMINAL CASES FILED: 3,221

NUMBER OF CRIMINAL CASES CLOSED: 1,564

NUMBER OF CONVICTIONS: 1,230

NUMBER OF NOT GUILTY FINDINGS: 38

NUMBER OF OTHER DISPOSITIONS: 434

NUMBER OF CIVIL CASES FILED: 1,036

NUMBER OF CIVIL CASES CLOSED: 829

UNITED STATES CURRENCY FORFEITED: $958,677.60

VALUE OF PROPERTY FORFEITED: $963,303.00

NUMBER OF SEARCH WARRANTS PREPARED: 465

22

NUMBER OF CASES IN WHICH APPELLATE COURT HAS ISSUED AN OPINION OR ORDER 156

NUMBER OF NEW CASES RECEIVED 212

NUMBER OF UNBRIEFED CASES PENDING 19

NUMBER OF CASES FILED BY PROGRAM STAFF ATTORNEYS 67

NUMBER OF CASES FILED BY OTHER STAFF ATTORNEYS 73

NUMBER OF CASES ARGUED IN APPELLATE COURTBY PROGRAM STAFF ATTORNEYS 2

NUMBER OF CASES ARGUED IN APPELLATE COURTBY OTHER STAFF ATTORNEYS 6

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Forfeited FundsPaid in FY09 Received in FY09

CHAMPAIGN $37,333.30 $25,896.65JEFFERSON 36,666.70 8,572.52KANKAKEE 35,000.00 7,229.82MACON 31,333.30 26,448.80MADISON 33,333.30 10,338.65MCLEAN 35,000.00 21,901.30PEORIA 32,000.00 52,092.35ROCK ISLAND 33,333.30 52,135.05SANGAMON 30,833.30 18,802.99TAZEWELL 28,000.00 7,867.56WINNEBAGO 27,583.30 50,343.87

TOTAL $360,416.50 $281,629.56

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Lorinda Lamken has had 12 years of experience as a prosecutor and has specialized in drug cases and crimes against children. Lorinda has served as an Assistant State’s Attorney in St. Clair, Winnebago, and Lee Counties. She has also had experience in general private practice, including employment law and railroad cases. Lorinda received her undergraduate degree from University of Illinois –Champaign, and is a 1992 graduate of the Washington University School of Law in St. Louis.

Pat Hahn is a former elected State’s Attorney from Lawrence County and has also served as an Assistant State’s Attorney for Crawford and Wayne Counties. Prior to working as a prosecutor, Pat spent 7 years engaged in the general practice of law where he concentrated in the areas of insurance defense, estate planning and family law. Pat received his undergraduate degree from Eastern Illinois University and is a 1993 graduate of the University of Illinois College of Law.

DESIGNATED ILLINOIS RESOURCE PROSECUTORSLorinda and Pat have been announced as the resource prosecutors for the state of Illinois by the National Association of Prosecutor Coordinators. Program Manager, Denise Massey, indicated that Illinois is the 19th state to have designated resource prosecutors. Lorinda and Pat have already begun networking with other resource prosecutors across the country to accumulate information to be shared with the prosecutors of our state.

TRAININGIn May, the special unit attended a training conference on sexual assault, domestic

violence and stalking in Anaheim, California, which was funded by the Office on Violence against Women and the Department of Justice. The conference was directed towards prosecutors, law enforcement, victim advocates and judges with an emphasis on the importance of using multidisciplinary teams to provide services to victims of violent crimes. Victims at the conference spoke of the need to be kept informed during the prosecution of a case, but also of the need to have services available after the judicial process ends.

In June, the special unit traveled to the National Advocacy Center in Columbia, South Carolina to attend a NDAA training on the prosecution of elder abuse cases. Similar to cases of domestic violence, elder abuse cases often go unreported and involve victims who are reluctant or recalcitrant. Lorinda and Pat brought back many resources that they wish to share with other prosecutors throughout the state.

GRANT ACTIVITIESThe special unit has met with either the State’s Attorneys, or their representatives, in Jefferson, Rock Island, Sangamon and Tazewell Counties to introduce themselves and to discuss any requests and suggestions. By September 15, the unit intends to have met with all 20 of the targeted counties in the grant. The unit plans to conduct regional trainings to address issues involving cases of Sexual Assault, Domestic Violence and Elder abuse. Among the specific topics that are being considered are the propensity statute, conditions of bond, sentencing guidelines, civil no contact orders, violations of orders of protections, and dealing with reluctant/recanting victims. Not only would the special unit conduct trainings, but when possible bring in other experts to share their knowledge with prosecutors.

PROPOSED PROJECTSCreation of Domestic Violence/Sexual Assault motion database with corresponding supporting memorandumCreation of expert witness transcript databaseDevelopment of hand-out charts on conditions of bond and sentencing issues on cases

involving Domestic Violence, Sexual Assault, and Violations of Orders of ProtectionSPECIAL PROSECUTION

State’s Attorneys who have conflicts of interest have begun to use the services of the special unit. Lorinda has been assigned the prosecution of a McLean County board member charged with violation of an order of protection. Pat will be handling a domestic violence charge against a defendant who is also a witness to a murder in Williamson County.

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New Collaboration between Agency and U of I College of Law

9 Positions filled by 2009 U of I Law Graduates

5 Month Program beginning upon completion of Bar Exam

Positions Located in County of Residence

$9,000 Maximum Award

100% funded by College of Law27

New HiresDate of Hire Name Position Salary

4/1/09 Nadia Chauhdry Staff Atty. $51,500

4/16/09 Tracey Nemitz Drug Grant $45,000Atty.

5/1/09 Lorinda Lamken Fed. $70,000Grant Atty.

5/16/09 Patrick Hahn Fed. $70,000Grant Atty.

Terminations Date of Term. Name Position Salary

None

Retirements Date of Ret. Name Position Salary5/31/09 Cynthia Staff Atty. $93,500

Schneider 28

Contractual Appellate Brief WritersName Rate Contract Dates

Joseph McDonnell $50/hr. 5/15/09 – 6/30/09

Contractual (Other)Name Rate Contract Dates

VisionFriendly.com Inc.(Web-Page Design)

$29,066.00 Total 4/15/09 - 9/30/10(multi-year)

Clark & Partners(Courtroom Computer Consulting)$60.00 per hour 5/25/09-6/30/09

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Notes

ADJOURNMENTADJOURNMENT30

june 24, 2009 909 n. michigan ave. westin hotel chicago

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