ISBA News

VOTE “NO” on HJRCA 29
Well-Intentioned but Flawed

HJRCA 29 is a constitutional amendment that creates standing for victims to participate in criminal proceedings as a party before the defendant’s guilt is established.

The Illinois State’s Attorneys’ Association and the Illinois State Bar Association oppose HJRCA 29. In its current form this proposal is unwise, unworkable, and unnecessary. We are concerned about its unintended consequences, such as court delays, longer incarceration awaiting trials, and wrongful convictions. HJRCA 29’s practical effect is that it will delay justice for victims by pitting prosecutors against victims instead of allowing them to be advocates for victims. That result isn’t helpful for victims or the public.

It is unwise. A criminal proceeding is a truth-seeking process that promotes public safety by adjudicating guilt and punishing the guilty. The awesome power to prosecute and imprison is vested with the government—not private parties. This means that victims and defendants are not contestants who require equal standing; the victim’s liberty and property are not at risk. But authorizing a victim to participate as a party with all of the standing of a prosecutor and defendant but none of their responsibilities, roles, and risks is a recipe for disaster. It is a return to the days of private, not public, justice.

It is unworkable. Illinois circuit courts annually process a staggering number of cases:

"Medical Negligence and The Law" and "Negligence and The Law" will air on Chicago Access Network Television, Channel 21 in Chicago, at 10 p.m. in April and May. Illinois Law is a cable production of the Illinois State Bar Association (ISBA) and can also be viewed online at iln.isba.org/blog/illinois-law-video.

"Medical Negligence and The Law" will air on on Tuesdays, April 24 and May 8. Appearing on the show are (from left) Ronald Kalish, of Steinberg, Goodman & Kalish in Chicago; Karen McNulty Enright, of Winters Enright Salzetta & O’Brien, LLC, in Chicago; Hon. Elizabeth M. Budzinski, a judge in the Circuit Court of Cook County; and program moderator Samuel A. Kavathas, of Kavathas & Castanes in Chicago.

"Negligence and The Law" will air at 10 p.m. on Tuesdays, May 1 and 15. Appearing on the show are program moderator Samuel A. Kavathas, of Kavathas & Castanes in Chicago; Ronald Kalish, of Steinberg, Goodman & Kalish in Chicago; Karen McNulty Enright, of Winters Enright Salzetta & O’Brien, LLC, in Chicago; and Hon. Thomas V. Lyons, a judge in the Circuit Court of Cook County.

The 33,000-member organization, with offices in Springfield and Chicago, provides professional services to Illinois lawyers, and education and services to the public.

Illinois State Bar Association President John G. Locallo lectured a law school class, discussed cameras in the courts with the news media, and toured tornado damage on a visit this week to southern Illinois.

Locallo met with Saline County lawyers for lunch in Harrisburg on Wednesday. Harrisburg was hard hit by the “Leap Day tornado” on Feb. 29, that took seven lives and destroyed a significant section of the city. He also took a tour of area storm damage.

On Thursday, President Locallo took time to lecture SIU School of Law Dean Cynthia Fountaine’s class on starting and keeping a law practice. He also met other students during a reception hosted by the law school.

Click here to watch a television report on President Locallo’s comments on cameras in the courts.

Hinsdale Central High School placed first in the 30th annual Illinois State Bar Association High School Mock Trial Invitational held at the University of Illinois at Springfield on Friday and Saturday, March 30 and 31, 2012.

Timothy Christian High School in Elmhurst came in second place, and third place went to St. Charles North High School. Teams from 44 Illinois high schools traveled to Springfield to participate in the program.

Hinsdale Central High School will represent the state of Illinois at the National High School Mock Trial Championship which will be held in Albuquerque, New Mexico, May 3-6, 2012.

“The mock trial program is a rare opportunity for Illinois high school students to compete in a high-level academic endeavor,” says Lauren E. DeJong of Park Ridge, chair of the ISBA’s Standing Committee on Law Related Education for the Public, which conducts the program.

Evanston Township High School in Evanston and Hinsdale Central High School in Hinsdale tied for the highest team average on the Written Law Exam, and Andrea Shen, from Lake Forest Academy in Lake Forest, had the highest individual test score.