THE GAVEL - Illinois Judges Association

THE GAVEL
A publication of the Illinois Judges Association
WINTER, 2014
Inside This Issue
Page 1-2 - President’s
Message
Page 3 - JRS Corner
Page 4-6 - Judges Are
Page 7 - Financial
Security Section
Page 8 -11 42nd Annual
Convention
Page 12
Information
-
IJA
Page 13 - Page it Forward
Pictures
The Gavel
Timothy Joyce
Dan Shanes
Editors
Illinois Judges Assn.
321 S. Plymouth Ct.
Chicago, IL 60604
312.431.1283
888.431.1283
www.ija.org
e-mail: [email protected]
Volume 43, Issue 2
President’s
Message
Justice Mary S. Schostok
While sitting as a trial court judge I served a
“stint” in the Probate Court, hearing Decedent’s
Estates, as well as Minors’ and Disabled Adult
cases. I often harken back to a Disabled Adult
case that came up on my docket one morning.
An elderly father approached the bench with
his disabled adult daughter, who had Cerebral Palsy. She was confined to a wheelchair
and barely responsive. He
proudly bragged about her
progress with a glimmer of
joy and pride in his eyes. I
said to him, “She is blessed
to have you,” to which he
responded, “Oh no Judge, I
am blessed to have her.”
As I have grown in years
and experience, I have come
to realize that what others
perceive as a burden is truly
a blessing. I have lived it
in my personal life, and
now experience this as the President of this
organization.
Often when out and about, people say to me,
“Gee, I bet you can’t wait until this is over?” to
which I reply, “Oh no, I love it.” This position
is truly a blessing! I am enjoying the demands
and challenges that are being placed upon me.
It seems like just yesterday that I was sworn in,
and since that date in June much has been done,
yet, there is so much more to accomplish.
With the passing of legislation concerning pension reform, the IJA has many active
members (both sitting and retired judges) who
continue to monitor pending legislation, as well
as monitor pending litigation. You can also
monitor the status of the litigation by signing on
1
to the “members only” portion of our website.
There are links to all pending litigation, which
will assist you in being fully informed as to
the progress. It has been a busy session, and
fortunately, the judges have not been included
in any of the bills.
The investment of our pension funds has been
extremely successful this year, and the return
rate was 14.6% through the year end
September 30, which exceeded the
goal of 11.8% , reports Bill Atwood,
Executive Director of the Illinois
State Board of Investment.
ISBI is the board which invests
the pension funds of the General Assembly Retirement System, the State
Employees Retirement System, as
well as the Judges Retirement System. They have been extremely busy!
I am honored to be a member of the
ISBI board, and can assure you that
the staff and members work tirelessly
and efficiently to insure that the judges receive
the best possible return on their investments.
Tim Blair from JRS is optimistic, and reports
that JRS, in February, submitted $1.5 million
to ISBI for investment . You can read more on
Mr. Blair’s report later in this newsletter. He
and Jayne Waldeck keep the JRS board fully
informed, and we are fortunate to have them
on our team. As Chair of the JRS board, I can
also assure you that the JRS staff and board
members give their full attention and expertise
to the tasks at hand in order to guarantee that
our members’ interests are fully protected. You
will soon receive the full report from the State
regarding the investment portfolio. I am confident that you will be pleased.
President’s continued on Page 2
President’s Continued from page 1
In addition to monitoring legislation, we have
Illinois Judges Association been monitoring the change in health care benefits
2013-14 Officers
for our retired members. In the fall, with the strong
recommendation of Judge John Coady and the ReMary S. Schostok
tired Judges Committee, the IJA hired a “health care
President
consultant” to guide our retired members through the
712 Florsheim, #10
intricacies of the new Medicare Advantage plan. The
Libertyville, IL 60048
consultant has been busy, and the response from our
847/918-8590
[email protected] members has been positive. I want to thank John and
his committee for all of their hard work and dedication. Your service has provided much assistance and
Michael B. Hyman
1st Vice President
peace of mind to our retired members. This service
160 N. LaSalle, N-1905
remains available. For further information, contact
Chicago, IL 60601
Kathy Hosty at the IJA.
312/793-5431
Also in the fall, Judge Lauretta Wolfson led the
[email protected]
charge in holding a blood drive at the Daley Center.
The day proved to be successful, and with her efforts
Robert J. Anderson,
and the participation of many judges, we were able
2nd Vice President
to surpass the estimate the Red Cross projected to
505 N. County Farm Rd.
provide blood for individuals. This was especially a
Wheaton, IL
big day for me, as this was the first time I ever donated
630/407-8948
[email protected]
blood! I was very intimidated, but the Red Cross staff
made it an extremely pleasant experience. Thank you,
Israel A. Desierto,
Lauretta, for all of your hard work, and for helping
3rd Vice President
me overcome my fear of donating blood. Next year,
2600 S. California
when we expand to other counties, I look forward to
Chicago, IL 60608
donating again. I want to also thank all of the other
773/674-2881
brave judges who so selflessly took the time out of
[email protected]
their busy day, and the blood out of their system,
to help others. To assist in setting up an upcoming
John P. Coady
blood drive in your county, contact Kathy Hosty at
Secretary
207 S. Othelle Street
the IJA. Judge Wolfson will also be happy to guide
Taylorville, IL 62568
you in running a successful blood drive.
217/820-4631
I want to thank the judges throughout our State
[email protected] who have so graciously participated in our “Page it
Forward” reading program. Many judges have been
James E. Snyder
going into the schools in their area, mentoring, tutorTreasurer
50 W. Washington, #1501 ing and reading to students in the lower grades. I
thank you, and the children thank you as well. We are
Chicago, IL 60602
always looking for more volunteers and more Judicial
312/603-4252
Circuits to participate. This is a fantastic program, and
[email protected]
a great opportunity for our judges to put themselves
“front and center” in a positive light, while allowing
Kathleen Hosty
our youth to experience the joy of reading. A “spin
Executive Director
off”, if you will, of the “Page it Forward” emerged in
321 South Plymouth Court February. The Illinois Judges Foundation graciously
Chicago, Illinois 60604
donated $1,500 to assist the IJA in this new endeavor –
312/431-1283 or
a Lincoln’s Birthday celebration. I have always loved
888/431-1283
a children’s book entitled, “Abe Lincoln’s Hat.” This
[email protected]
book introduces children to Illinois’ own President,
while entertaining and regaling them with stories
The Gavel - Editors
Timothy Joyce
about the President’s hat, as well as other clever and
[email protected]
true Lincoln tales. With the funds donated by the IJF,
Daniel Shanes
we were able to purchase 1,000 books, which were
[email protected] distributed to our judges throughout the state. Judges
2
went into classrooms in the month of February and
read this book to the children. We even had many
Judicial Grandparents read in their grandchildren’s
classrooms! The Judges headed into the classrooms
with their robes, gavels and this exciting book. Judges
were given the opportunity to read to the children,
as well as educate them on the role of a judge. The
response from teachers and administrators throughout
the State was overwhelming, and they were thrilled
to have had the privilege of working with the judges
and the IJA. Hundreds of children benefitted, and
hordes of Judges were elated to have participated.
My special thanks goes out to all of you who took
part in this wonderful opportunity. You have made a
huge difference in the life of a child!
Further, do not forget to volunteer to be a part of
our other programs, such as “Courtroom in the Classroom” and “7 Reasons to Leave the Party.” Schools
are always looking for speakers.
Our mid-year meeting in December was a success. The IJA, in conjunction with the ISBA, worked
diligently to guarantee a great day. We presented two
seminars on Friday a.m., and the reviews were fantastic. You can read more about these seminars later
in this newsletter. I want to thank all who helped in
pulling the programs together and all who presented.
You did a fantastic job in making the CLE portion of
the mid-year meeting a great success.
After the seminars, the IJA hosted the mid-year luncheon. Our luncheon speaker was fantastic! Mayor
Rahm Emanuel had all intrigued with his passionate
speech about the City of Chicago and his hopes and
dreams for the schools and the future of our children.
I want to thank all of the judges who assisted me in
securing the Mayor as our speaker. There were many
of you, and the luncheon would not have been the
success that it was without your efforts. I am eternally grateful. You can read more about the Mayor’s
presentation later in this newsletter.
I have barely “scratched the surface” on what has
been accomplished by our organization over the past
6 months, but I am exceeding my limit in this newsletter. The articles that follow will shed some light
on other IJA business and successes.
Please know that the IJA will continue to work
hard for each and everyone of you. We are always
available to you for any questions, concerns or assistance. Keep up the good work, continue to put
yourself “front and center” in a positive light, and
continue to make the People of the State of Illinois
proud that you are their judge.
Truly,
Mary S. Schostok, President
THE GAVEL
JRS CORNER
ANSWERS TO FREQUENTLY ASKED QUESTIONS
by Tim Blair
JRS Financial Condition at June 30, 2013
At June 30, 2013, based on the market value of assets, the funded ratio of JRS, which measures the financial condition of the
System at a point in time, was 29.83%. This is an increase from the 28.59% funded ratio at June 30, 2012. The revenues and
expenses affecting JRS’ financial condition during FY 2013 are briefly outlined.
Sources of Revenue
The three primary sources of revenue for JRS are employer contributions, participant contributions and investment income.
Participant contributions are set by statute at 8.5% or 11% of salary, depending on whether the member participates in the survivor’s annuity benefit. Employer contributions are calculated by the System’s actuary based on a statutory funding formula that
requires the State to contribute an annual amount that will allow for a 90% funded ratio by the end of fiscal year 2045.
Participant and Employer Contributions
During FY 2013, participant contributions totaled almost $16.4 million, down slightly from just over $16.4 million in FY 2012.
Employer contributions increased from $63.6 million in FY 2012 to $88.2 million in FY 2013, thereby increasing total combined
contributions from $80.1 million in FY 2012 to $104.6 million in FY 2013. The entire statutorily required employer contribution
was received by the System in FY 2013.
Assets and Investments
JRS’ investment function is managed by the Illinois State Board of Investment (ISBI). Even though the ISBI manages
the investment function, the JRS Board of Trustees sets all actuarial assumptions, based on periodic reviews and recommendations of the System’s actuaries. The Board has set the investment return assumption at 7.0% annually. In FY 2013, the ISBI
realized an investment rate of return of 14.1%, compared to the FY 2012 rate of return of 0.1%. The market value of JRS’ assets
increased from $578.0 million at June 30, 2012 to $643.3 million at June 30, 2013.
Benefit Payments/Expenses
Total expenses increased from $108.0 million in FY 2012 to $116.1 million in FY 2013, a total increase of $8.1 million (a $6.9
million increase in benefits and a $1.2 million increase in refunds paid). Administrative expenses accounted for a very small
increase ($67,000) from FY 2012 to FY 2013.
FY 2014 and Beyond
The JRS Board of Trustees is required to annually certify the required employer (State) contribution for the following fiscal year
based on a statutory funding plan that was originally passed by the General Assembly in 1995. Based on this statutory funding
plan, the JRS Board of Trustees certified an employer contribution of $126.8 million for FY 2014 and an FY 2015 employer
contribution of $134.0 million. In the first half of FY 2014, $6.0 million in employer contributions has been transferred to the
ISBI to be added to the investment portfolio. Overall, it is estimated that $13.0 million will be transferred to the ISBI investment
portfolio during FY 2014.
The State Actuary
Pursuant to Public Act 097-0694, the State Actuary, under the purview of the Auditor General, reviewed all JRS assumptions and
methods used in preparing the FY 2013 actuarial valuation. The State Actuary concluded that their “review of the assumptions
and methods used in the June 30, 2013 Actuarial Valuation, which were used to determine the required State contribution, found that the assumptions were reasonable both individually and in the aggregate.”
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Judges are
. . . by Judge ELIZABETH m. rochford
The second half of 2013 proved to be productive for the talented and generous judges of Illinois. A sampling of some of your fine efforts
and achievements are included below. Thank you to all who shared information with me. Please continue to send details of the good
works of our colleagues to my attention at [email protected].
Once again, I am proud to share that JUDGES ARE…..
PAGING IT FORWARD…IJA President Justice Mary S. Schostok acknowledged that Illinois children who are unable to read at grade
level by third grade are at the greatest risk for dropping out of school prior to graduation. She recognized that early intervention focused
on literacy can make a vital difference for our youth, and she sought the participation of Illinois Judges in a statewide initiative called,
Page it Forward.
In response, Lake County Judges teamed with the United Way and participated in a Page it Forward Corporate Challenge where
businesses and organizations competed against each other to recruit the highest percentage of volunteers to assist children improve and
develop better reading skills. Lake County Judges took second place in the campaign with 44% participation. The judges who volunteered are as follows: Justice Mary S. Schostok, Chief Judge Fred Foreman, Judge Valerie Boettle Ceckowski, Judge Mark L. Levitt,
Judge Margaret J. Mullen, Judge Jorge Ortiz, Judge Thomas Schippers, Judge Diane Winter, Judge Luis A. Berrones, Judge Michael
B. Betar, Judge Mitchell L. Hoffman, Judge Christopher B. Morozin, Judge Elizabeth M. Rochford, Judge Helen S. Rozenberg, Judge
James K. Simonian, Judge Christopher R. Stride, Judge Nancy Schuster Waites, and Judge Joseph R. Waldeck.
Sangamon County Judges also participated in Page it Forward in a significant way! Judge Pete Cavanaugh, Sangamon County, has
been a reading volunteer at Lawrence Adult School, for troubled and academically challenged high school students. Judge Cavanagh
also joined Judge John Belz, Judge Chris Perrin, and Judge John “Mo” Madonia by linking with District 186 and initiating a new Real
Men Read Program at St. Patrick’s High School. The program was enthusiastically received and has proven to be a great success.
Judges are also Paging it Forward in Kankakee County including Judge Katy Elliott; in Rockford County, Judge Joe McGraw; and
in McHenry County, Judge Mary Nadar.
PROMOTING PROFESSIONALISM…In 2005 the Illinois Supreme Court established a professionalism program to provide incoming law students with an early exposure to professionalism, ethics, civility, and diversity. This year, all nine Illinois law schools,
welcomed Illinois Supreme Court and Appellate Court Justices, who spoke and administered the pledge of professionalism as follows:
Justice Mary Jane Theis at Northwestern University School of Law; Justice Anne Burke at University of Chicago School of Law; Justice
Lloyd Karmeier at Southern Illinois University School of Law; Justice Lisa Holder White at the University of Illinois College of Law;
Justice Aurelia Pucinski at Loyola University School of Law; Justice Maureen E. Connors and Justice Terrence Lavin at Chicago-Kent
:
College of Law; Justice Dan Pierce and Justice Mary K. Rochford at DePaul University School of Law; Justice
Jesse Reyes and Justice
Michael Hyman at John Marshall School of Law; and Justice Joe Birkett at Northern Illinois University College of Law.
In October, Justice Mary Seminara Schostok, and Judge Margaret J. Mullen, 19th Circuit, presented on civility and professionalism
at an WBAI event at Starved Rock.
Judge John Z. Lee, U.S. District Court, Judge John J. Tharp, Jr., U.S. District Court, and Judge Mary M. Rowland, U.S. Magistrate,
led a panel discussion on professionalism and federal practice.
RECEIVING AWARDS…Judge Fred Foreman, Chief Judge of Lake County, received the IJA’s Distinguished Service Award and
Judge William Maddux, Presiding Judge of Cook County Law Division, received the IJA’s Distinguished Service Award. Judge Nancy
J. Katz, Cook County, received a Legal Legends from Stonewall to Lawrence Award, for her true commitment to equality. Judge Sebastian T. Patti, Cook County, was presented with the Pride Award from the Lesbian, Gay, Bisexual and Transgender Advisory Council of
the Cook County State’s Attorney’s Office. The Illinois High School Association honored Judge Russell W. Hartigan, Cook County, for
40 years of high school and college officiating. The Decalogue Society Award was presented to Judge Robert W. Gettleman, U.S. District Court. The Illinois Family Violence Coordinating Council (FVCC) honored five judges for their commitment to addressing family
violence issues as follows: Judge Kathy Bradshaw Elliott, Chief 21st Judicial Circuit; Judge Michael E. Brandt, Chief 10th Judicial
Circuit; Judge Robert J. Anderson, Presiding DuPage County Domestic Relations Division; Judge F. Keith Brown, Chief 16th Judicial
Circuit; and Judge Carla J. Alessio Policandriotes, Presiding Will County Drug and Veterans Court. Judge Paul Biebel, Presiding Cook
County Criminal Division, received the Advocates Society President’s Award. The National Bar Association inducted Judge Patricia
Banks, Cook County, into its Hall of Fame. Judge Roger E. Fein, Supervising Judge of the Civil Division of the Second Municipal
District, received The Fellows of the Illinois Bar Foundation Distinguished Service to Law and Society Award. Judge Fein, a former
Judges Are...continued on page 5
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THE GAVEL
Judges Are... continued from Page 4
President of the Foundation, was instrumental in the creation of The Fellows 30 years ago, and was its Charter Chair.
DEMONSTRATING COMMITMENT TO BAR SERVICE AND LEADERSHIP…Judge Jessica A. O’Brien, Cook County, was
tapped to fill the WBAI second Vice President vacancy. Judge Deborah B. Walker, Cook County, was appointed president of the Illinois Bar Foundation. Judge Donna-Jo Vorderstrasse, Lake County, was appointed to the ISBA Family Law Section Council. Illinois
Supreme Court Justice Lloyd A. Karmeier, is serving as a member of the ISBA Bench and Bar Section Council. Judge James F. Holderman, U.S. District Court, is a member of the ISBA Federal Civil Practice Section Council. Judge Gerald Cohn, Ret. Federal Magistrate,
is serving as a member of the ISBA Committee on Judicial Advisory Polls. Judge Celia Gamrath, Cook County, Judge Jessica O’Brien,
Cook County, and Judge Elizabeth M. Rochford, Lake County, all sit on the ISBA Board of Governors. Judge Julie Katz, 20th Circuit,
was recognized by the ISBA for her contributions to the Standing Committee on the Delivery of Legal Services. The Illinois Judges
Council installed Judge Carl Anthony Walker, Cook County, and Judge William H. Hooks, Cook County, as Chairs. The IJC also installed Judge Sharon Oden Johnson, secretary; Judge Patricia Munzel Ball-Reed, assistant secretary; Judge William R. Jackson, Jr. treasurer; and Judge Thaddeus L. Wilson, assistant treasurer. Judge Cynthia Y. Cobbs, Justice Shelvin L. Hall, 1st District, Judge Stanley
L. Hill, and Judge Freddrenna M. Lyle are serving as IJC executive council members. And Judge Carol M. Howard is immediate past
president and an ex-officio member.
Judge Alexander P. White, Cook County, was appointed to serve as an IJA delegate to the American Bar Association’s National Conference of State Trial Judges at its annual meeting. The Illinois Supreme Court appointed Judge Christopher C. Starck, Lake County,
the Judicial Conference of Illinois Automation and Technology Committee. He was re-appointed to the Judicial Conference Executive
Committee and Judicial Conference Study Committee on Complex Litigation.
EDUCATING PRACTITIONERS…Judge Luis A Berrones, 19th Judicial Circuit, spoke on Lake County’s new foreclosure mediation
program. Judge Margaret J. Mullen, Lake County, Judge Eileen M. Brewer, Cook County, and Judge Patrick J. Leston, DuPage County,
all spoke on best practices for case management, motions, settlement conferences and trial at a free seminar at the Thompson Center.
PROVIDING ACCESS TO JUSTICE…In furtherance of the Illinois Supreme Court Commission on Access to Justice, Judge Grace
G. Dickler, and Judge Laura Cha-u Liu, both of Cook County, served as co-chairs of the Language Access Committee. Under their
leadership, the 10-member committee was instrumental in securing the installation of language assistance phones in the Daley Center’s
lobby, which provide free interpreter services for 20 languages.
EDUCATING ON CHILDREN’S ISSUES…Judge Grace G. Dickler, Cook County, joined the Chicago Bar Association Subcommittee on Representation of Children presented a program titled, Children of Divorce Speaking Out.
PRESIDING OVER MOCK TRIALS…Judge Michael B. Betar, 19th Judicial Circuit, presided over three mock trials conducted by
students at Barrington High School.
RECORDING VETERANS HISTORY…. Judge Fred Foreman, Judge Margaret Mullen, Judge Michael Fusz, Judge John Scully and
Judge Michael Betar, Lake County, joined with the Lake County legal community in the Library of Congress Veterans History Project.
On Veterans Day twenty-seven local war veterans from WW II, the Korean War, and the Vietnam War, met to share their oral histories,
which were recorded by official court reporters. The transcripts where then archived in the American Folk Life Center of the Library of
Congress for use by researchers and to serve as an inspiration for future generations.
IN TRANSITION…Judge Fred Foreman, Chief 19th Judicial Circuit; Judge William J. Haddad, Cook County; Judge Lynne Kawamoto, Cook County; Judge John Childress, 7th Circuit; Judge Arthur Perivolidis, Cook County; Justice David Sterba, 1st District Appellate
Court; Judge Michael Brown, Cook County, Judge Edward R. Danner, 9th Circuit; Judge Robert J. Baron, 12th Circuit; Judge Thomas
M. Tucker, Cook County, Judge Steven G. Vecchio, 17th Circuit, Judge Leo J Zappa, Jr.; 7th Circuit, Judge Ted Hamer, 14th Circuit;
Judge LaQuietta J. Hardy Campbell, Cook County; Judge Randye A. Kogan, Cook County; Judge Stephen R. Pacey, 11th Circuit; Judge
Gary Pumilia, 17th Circuit; Judge Stephen G. Sawyer, 2nd Circuit; Judge Richard J. Siegel, 12th Circuit, have all retired.
Welcome to Judge Matthew J. Maurer, 7th Circuit; Judge David M. Carlson, 12th Circuit; Judge David Garcia, 12th Circuit; Judge
Christopher E. Lawler, Cook County; and Judge Kevin C. Kakac, 2nd Circuit, all of whom have recently joined the bench.
5
Judges Are...continued from page 5
Judge Mary Anne Mason, was elevated to the 1st District Appellate Court. Judge Laura Liu, was elevated to the 1st District Appellate
Court. Judge John Phillips was elected Chief Judge of the 19th Judicial Circuit; Judge Mitchell L. Hoffman, 19th Circuit, was elevated
to Circuit Court Judge. Judge James P. Flannery, Jr., Cook County, was appointed as Presiding Judge of the Law Division.
REMEMBERED FONDLY AND RESPECTFULLY…Justice William R. Quinlan, Ret. 1st District Appellate Court; Judge John P.
Meyer, Ret. 5th Circuit; Judge Willie M. Whiting, Ret. Cook County; Judge Harvey Schwartz, Ret. Cook County and Past President
of the Illinois Judges Association; and Justice Patrick J. Quinn, Appellate Court, 1st District.
Cook County Judges donating blood
at the September 6th blood drive. Top
left: to right: Judges Dan Malone
and Joe Panarese. Bottom: Judge
Cynthia Cobbs
Justice Mary Seminara Schostok of the Illinois Appellate Court, Second District,
and Judge Margaret J. Mullen, Presiding Judge of the Law Division of Lake County,
presented on the topic of “Civility in the Practice of Law” at the Woman's Bar Association of Illinois' CLE seminar at Starved Rock on Saturday, October 5, 2013.
Lake County Judges joining TEAM GARZA Corporate Rally at Trustmark Insurance at Conway Park
6
FINANCIAL SECURITY SECTION
by Justice Mary Schostok
The Officers of the Illinois Judges Association continue to closely monitor these financial security issues on your behalf:
RETIREMENT HEALTH INSURANCE LITIGATION The lawsuit challenging the state's ability to charge retirees (including judicial retirees) for retirement health insurance
coverage was argued before the Illinois Supreme Court
THE GAVEL
in September 2013. A decision on this important case could be released at any time. IJA will email the decision to
membership when it is released.
SWITCH FROM MEDICARE TO MEDICARE ADVANTAGE FOR MANY MEDICARE ELIGIBLE RETIREES Enrollment through JRS is completed for all Medicare primary retirees and their eligible dependents from original Medicare to one of the four state-sponsored Medicare Advantage Plans effective 2/1/2014. IJA's health insurance
consultant Nicoud Insurance Services remains available for questions of current and retired IJA members and their
survivors at 217-546-6900 or 800-982-6564.
SB1 LITIGATION Within the last 45 days four separate lawsuits were filed challenging the constitutionality of
recently enacted SB1; three in Sangamon County and one in Cook County. SB1 reduces or eliminates the current 3%
compounded retirement COLA, increases the retirement age for younger workers, and caps pensionable salary. The
lawsuits are brought by various unions and retiree groups. Motions to consolidate the cases are pending.
Judges and JRS were excluded from SB1. Judges may be indirectly impacted if the judge or the judge's spouse has
retirement credits with SERS, SURS, TRS, or GARS. As revealed by the 2011 IJA pension survey, one out of five
judges has reciprocal service time with at least one of these 4 systems. IJA will continue to closely monitor developments in this litigation.
PENSION REFORM SYMPOSIUM George Mason University Law School will sponsor the Judicial Symposium
on the Economics and Law of Public Pension Reform this April in Charleston, S.C., and repeated in San Francisco in
September. Federal and state court judges from around the country will gather to discuss this evolving body of law.
The University selected several IJA members to participate and we look forward to their event report.
PENSION FUNDING The following Judicial Retirement System numbers are current as of June 30, 2013:
*
28.3% funded
*
$610,195,584 in fund assets
*
$2,156,804,991 in accrued liabilities
*
$113,557,429 per year paid out in benefits
*
755 retirees & 323 survivors
JULY 2014 COLA The July COLA applicable to working judges is tied to a federal Employment Cost Index and
was updated January 31 to 1.4%.
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ILLINOIS JUDGES ASSOCIATION
42nd ANNUAL CONVENTION
By Judge Tom Schippers
The Illinois Judges Association 42nd Annual Convention in December was a great success, with presentations from
various judges and attorneys, capped by a keynote address by Chicago Mayor Rahm Emanuel.
“We had some wonderful presentations,” said IJA President Justice Mary Schostok, who noted that the educational
portion of the conference was put on in conjunction with the Illinois State Bar Association. “Many judges and lawyers
in attendance commented on the high quality of our various speakers,” she said, “and it ended up being a very educational and entertaining convention.”
The topics included Technology in the Courtroom, Professionalism and Technology, and The Pitfalls of Running
for Judicial Office. “All the topics covered during these lectures are extremely important to judges and lawyers alike,”
Justice Schostok said. “With the way technology is advancing, it is important that we keep abreast of these issues. I
just am very thankful to those professionals who gave the IJA and ISBA their time and expertise during the convention.
They are the ones who helped make it such a successful event.”
Technology in the Courtroom
Elizabeth Kaveny, of Burke, Wise, Morrissey & Kaveny provided a lively presentation entitled “Technology in
the Courtroom.” “There is so much technology readily available to trial attorneys,” Ms. Kaveny later said, “and the
presentation was geared to give attorneys an idea of how they can use that technology in the courtroom, oftentimes at
very little cost.”
Ms. Kaveny provided several examples to illustrate her point. Most of us have heard of photo shopping, where
original photos are altered. We normally think of this as being improper. But it can be a very effective tool and entirely
proper in design defect cases. Ms. Kaveny related a case she recently handled where she alleged that a design defect in
a door caused her client’s fall. If the door would have opened on the opposite side of the stairs, the Plaintiff theorized,
then she would not have fallen down the stairs. Ms. Kaveny had a photo taken of the area in question, then through
photo shop technology, changed the door so it opened on the opposite side. This gave the jury a clear understanding
of how this simple design change could have prevented the injury.
Another example included the use of timelines, a long-used staple for trial attorneys, especially in medical malpractice cases. With current, readily accessible technology, Ms. Kaveny explained that a practitioner can create a timeline
on software such as PowerPoint, for example, then insert a hyperlink on the timeline to the relevant document or
deposition. “A simple click takes the jury from the timeline to the relevant document,” she said.
Ms. Kaveny noted that oftentimes graphics must be created during trial to conform to the evidence, or to address
certain evidence presented at trial. That’s why it is advantageous for the practitioner to be tech savvy. "It is so important to be able to change the graphics as the evidence goes in and as things change," she said.
Professionalism and Technology
Beware of the pitfalls that may sidetrack a lawyer when she gets involved with Social Media! That was the message
from Wendy Muchman’s presentation, “Professionalism and Technology.”
Ms. Muchman, an attorney with the Illinois Attorney Registration and Disciplinary Commission advised attorneys
and judges to remember is that the Rules of Professional Conduct also apply to social networking sites. Some lawyers,
she said, don’t seem to understand that. “There is a surge in (disciplinary) cases involving social media and lawyers,”
she said. “Lawyers are doing things (on the social networking sites) that the rules do not permit by, for example, having alias or having someone else do something for you…. These become disciplinary cases mostly because of the lack
of candor" she said. For example, citing real cases, she said a paralegal using a false identity to contact a party, or a
Convention continued on Page 9
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Convention continued on Page 10
prosecutor using a false identity to talk to an alibi witness, are actions that likely will lead to discipline. She cited another
case out of Georgia, where an individual fired her lawyer and then went on social networking sites and criticized him.
The attorney responded on the site by revealing confidential information about the client. In disciplining the lawyer, the
commission cited an Illinois case where a public defender blogged about confidential information when she said her client told the judge she was drug free when really she was on methadone.
Emails are also a potential problem area. “The ‘e’ in email,” she said, “stands for eternity.” Take the case of a smitten
attorney who was sweet on a summer intern; she, conversely, was definitely not sweet on him. Upon being scorned, he
found through his research that she had starred in horror movies, and her body double appeared topless. Ms. Muchman
explained that the attorney created a bogus email account and accused her of being something that begins with an “s” and
pertains to a woman’s sexual promiscuity. His first amendment defense was unavailing as the disciplinary board found
he was untruthful in creating a fake account and stating untrue allegation.
Then there was the case regarding a lawyer who obtained a continuance from a judge purportedly because of a death of
someone close to the attorney, Ms. Muchman related. The problem arose after the Judge, who was friends on Facebook
with the attorney, saw pictures posted by the attorney having a joyous time while on vacation.
This is not just an issue for attorneys, she said, as judges can find themselves in difficult situations, also. She noted
one case where a clerk for a Supreme Court Justice tweeted about what the justices were contemplating regarding an attorney disciplinary matter.
“These cases and others underscore the importance for attorneys and judges alike to remind their staff about revealing
confidential information on social networking sites,” she later said.
Then there is the sticky issue of whether judges and lawyers who appear before those judges can be “friends” on Facebook. There is no opinion on point in Illinois, but attorneys should check various ethical advisory opinions because
states differ in how they approach this issue. The biggest criticism of the practice is that it “creates the appearance of
impropriety,” she said.
“Just remember,” Ms. Muchman later said, “all the rules of professional conduct have equal applicability to social
networking sites, the internet, and email.”
Pitfalls of Running for Judicial Office
Judges and attorneys running for judicial office are bound by a much more stringent code of professional conduct than
other elected officials, which makes running for judicial office unique in the world of campaigns. That was the gist of a
panel discussion among esteemed jurists and professionals.
The Hon. Mathias Delort, Justice of the Appellate Court 1st District, the Hon. Raymond McKoski, retired Circuit
Judge from 19th Judicial Circuit and co-Chair of the Illinois Judicial Ethics Committee, Stephen Pflaum, Current Chair of
the Illinois Judicial Ethics Committee, and Mary Robinson, Former Administrator of the ARDC, all spoke on the ethical
consideration of running for judicial office, which includes sitting judges and attorneys running for judgeship.
Justice Delort, who ran for appellate court two years ago and has experience in election law as a practitioner, advised
that the first basic requirement involves creating a campaign finance committee. This is required, he said, for campaigns
that spend more than $5,000. All the money collected for the campaign must flow through this committee, he said, and
the committee must have a chairperson and treasurer. “Use people who will have a permanent existence in your life,” he
suggested, “those who will give diligent attention to the requirements.”
He also advised that candidates open a non interest bearing account. "It is absolutely crucial...that all money must
funnel through the treasurer," he said. “That includes all donations to the campaign and expenditures.”
For sitting judges who run for office, he also strongly advised that the judge sit down with his entire staff and ensure
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Convention continued from Page 9
that that each person is completely aware that there is to be absolutely no campaigning of any kind within the courthouse. “That even includes passing along messages to the judge that have anything to do with the campaign,” he said.
Mary Robinson noted that an area of potential concern for judicial candidates involves the prohibition of giving or
lending anything of value to a judge. Checks, for example, cannot be written to or given to a judicial candidate, but
rather must be given to and written to the committee. Furthermore, a judicial candidate cannot personally solicit contributions, as those, too, must be funneled through the committee.
Retired Judge Raymond McKoski, a leading scholar on judicial ethics, noted that judges are forbidden from holding
office in a political organization, or speaking on behalf of a political organization. One of the biggest areas of concern for judicial candidates is the prohibition against taking a stand on political or social issues, Judge McKoski said.
“Judges cannot commit to individual cases or issues, but a judge can announce a personal belief or view on a social or
political issue,” he said.
So where is the line? “Saying I am pro-life,” he explained, “is different than saying my verdicts will be for God’s
children, the unborn and the born.” The former might pass regulatory muster while the latter would not. He gave a very
helpful suggestion that would prevent any misunderstanding that could cause problems down the line. “If you take a
political position on an issue,” he suggested, “use a disclaimer, such as: ‘This is my personal opinion and it will have no
effect on my judicial decisions.’”
Campaign advertising can also be a potentially treacherous area for judicial candidates, he said. A judicial candidate
cannot knowingly misrepresent his own experience or that of his opponent. A sign that says, “Vote for Sue Smith Circuit
Judge" is misleading unless Sue Smith is currently a circuit judge, he said. If Sue Smith is not a Circuit Judge, a more
factually accurate phraseology would read: “Elect Sue Smith for Circuit Judge.”
Pitfalls for Running for Judicial Office Faculty: left to right: Justice Mathias Delort, Mr. Stephen Pflaum, Judge Ray McKoski
(Ret) and Ms. Mary Robinson
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ILLINOIS JUDGES ASSOCIAION
42nd ANNUAL CONVENTION
by Justice Michael Hyman
Departing from his prepared remarks, Chicago Mayor Rahm Emanuel described for the audience of judges and lawyers
attending the 2013 IJA annual luncheon how his administration's school reforms are taking hold and improving academic
standards and test scores of Chicago Public School students. He backed his statements with statistics, making the case
that the city's public education system is moving forward. Emanuel pointed to the central importance of education to
matters which judges hear. "Every challenge and opportunity comes down to education," he said.
This year's luncheon was one of IJA's best attended in recent years.
City of Chicago Mayor Rahm Emanuel speaking at the 42nd Annual Convention
Judge John P. Coady (Ret) receiving the Lifetime
Achievement Award
Judges Barbara Crowder, Robert Anderson and Margaret Mullen receiving the Presidential Service Award
Justice Jesse Reyes receiving the Harold Sullivan
Award
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IJA INFORMATION
The IJA is going electric! This will be the last issue of The Gavel that will be mailed out to members that request
a hard copy. Starting in the 2014-2015 IJA dues year, which begins June 1st, all communication will be electronic,
except for dues envelopes. Paid dues letters and cards will no longer be mailed, as well as The Gavel and Convention
Brochure. We are in the process of re-designing the IJA website to make it more user friendly. If you have not been
receving e-mails from the IJA, please contact Kathy Hosty at [email protected] or 312-431-1283 to ensure we have
your correct e-mail address.
SAVE THE DATE
The IJA Annual Meeting is set for Friday, May 30, 2014.
IJA IS HEADING TO PARIS!!
JUNE 7TH - 17TH
We will spend two days with Parisian Judges who will enlighten us on their Judicial System.
PLEASE JOIN US!
If you are interested, contact: Mary S. Schostok at [email protected] or 847-710-2239 and/or Kathy Hosty at
[email protected] or 312-431-1283.
The second edition of the Mortgage Foreclosure Bench Book, edited by Appellate Court Justice Mathias W. Delort,
1st District, is now complete. If you would like a copy, please contact Justice Delort at [email protected] or 312-7935224.
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PAGE IT FORWARD AND THE IJA
Here are some pictures of Judges reading “Abe Lincoln’s Hat” at schools throughout the state. If you have read to a class
and have a picture to share, please send it to Kathy Hosty at [email protected].
Thank you to the Illinois Judges Foundation for so graciously donating this wonderful book.
Judge Kurt Klein, (ret.), 23rd Circuit
Judge Elizabeth Rochford, 19th Circuit
Judge Pete Cavanagh, 7th Circuit
Justice Mary Schostok, 2nd Appellate
Judge Mary Nader, 22nd Circuit
Judge Naomi Schuster, Cook County
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PICTURES FROM THE 42ND ANNUAL CONVENTION
left to right: Attorney General Lisa Madigan, Judge
Lewis Nixon and Justices Mary Schostok and Jesse
Reyes
Left to right: Judge Patrick Hitpas (ret.); Chief
Judge Gene Schwarm; Supreme Court Justice Lloyd
Karmeier; Justice James Wexstten and Judge John
Coady (ret.)
left to right: Judge Debra Walker, Supreme Court Justice
Anne Burke and Judge Rita Novak
left to right: Justice Mary S. Schostok, Mayor Rahm Emanuel and Mrs. Paula Holderman
Illinois Judges Association
321 South Plymouth Court
Chicago, Illinois 60604
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