Kerry Bryson of the Office of the State Appellate Defender reviews the Illinois Supreme Court ruling in the criminal case People v. Bailey. People v. Bailey In 2005, Dennis Bailey was convicted of residential burglary and disarming a peace officer. Following an unsuccessful direct appeal and post-conviction petition, Bailey sought leave to file a successive post-conviction petition. The State filed a written objection, and Bailey field a written response. The court held a hearing on the motion for leave to file; Bailey was not present and was not represented by counsel. At that hearing, the prosecutor argued that the pleadings did not satisfy the cause-and-prejudice test for filing a successive petition. The court acknowledged Bailey’s written response and denied leave to file. Bailey challenged the State’s participation at the motion-for-leave-to-file stage of the proceedings, noting that the Post-Conviction Hearing Act does not expressly allow the State to file a responsive pleading or provide input on the court’s decision. The State argued that the Act is considered civil in nature, and parties are generally permitted to respond to motions for leave to file.

Asked and Answered By John W. Olmstead, MBA, Ph.D, CMC Q. I am a partner in a four-attorney plaintiff-side personal injury firm in Illinois. Three of us are partners and we have one associate attorney. We handle run of the mill slip and fall, vehicle, and premises accidents; products liability cases; and workers’ compensation cases. We have a very aggressive advertising and marketing program. We are having issues with reduced case flow and dwindling and diminishing profits and earnings. For the past year the partners have been living off our credit line. We believe that we need to be thinking about doing something different and are not sure as to what that should be. However, we have agreed to start doing some long-term planning. We would appreciate your thoughts.

With the recent devastation that has occurred from hurricanes Harvey and Irma, the U.S. Small Business Administration (SBA) is hiring temporary employees to assist with disaster relief efforts through December 31, 2017. SBA has 30-, 60-, and 90-day assignments available, and has lawyer, paralegal, and legal assistant positions to fill. If you are interested in helping hurricane victims, visit the SBA website for the full list of job openings and qualifications.

By Michael G. Bergmann Coordinated by the American Bar Association’s Standing Committee on Pro Bono and Public Service, Pro Bono Week is intended to inspire greater pro bono participation by lawyers throughout the nation. This initiative provides an opportunity for legal organizations across the country to collaboratively commemorate the vitally important contributions of America’s lawyers, and to recruit and train the many additional volunteers required to meet the growing demand. The Standing Committee on Pro Bono and Public Service undertook this initiative to provide a format for showcasing the incredible difference that pro bono lawyers make to our nation, to our system of justice, to our communities and, most of all, to the clients they serve. The ISBA commemorates this national celebration each year by encouraging its members to do pro bono and by recognizing those who meet the call. Two years ago, the ISBA launched its Pro Bono Partner initiative, through which members commit to: (1) seek out the local pro bono legal services being supplied to individuals or charitable, religious, or civic organizations in their community; (2) attend or support a recognition ceremony for those who participate in pro bono services in their community; (3) consider attending training provided to lawyers who provide pro bono services; and (4) commit to joining the efforts to increase access to the legal system. The ISBA Delivery of Legal Services Committee organized two webinars in October geared towards those interested in helping low-income individuals with their legal needs. Tune in to “Working Effectively with Interpreters” on Wednesday, October 11 at 2:00 p.m., which is free for the first 26 registrants who agree to take a pro bono case in the next year. “Working with Low Income Clients” will be held on Wednesday, October 25 at noon, and is available at no cost for the first 30 registrants who agree to take a pro bono case in the next year.