Section Newsletters

Articles on Government Lawyers

FOIA: ‘Deliberative Process Exception’ Claimed by Cook County Assessor on Property Assessment Data By Patrick Driscoll, Jr. Government Lawyers, August 2019 An summary of Chicago Tribune Company v. Cook County Assessor’s Office.
Legislator Pay Freezes Ruled Unconstitutional By Robert P. Osgood Government Lawyers, August 2019 In July, the circuit court found the practice of prohibiting annual cost-of-living raises and imposing furloughs violated the Illinois Constitution.
FOIA Corner: Two of the Illinois Supreme Court’s recent decisions concerning the Illinois Freedom of Information Act By Barbara Goeben Government Lawyers, April 2019 Within the past year, the Illinois Supreme Court issued two holdings concerning the Illinois Freedom of Information Act, granting split decisions: one for non-disclosure and one for disclosure.
A look at the process for removing judges in Illinois By Robert P. Osgood Government Lawyers, April 2019 Removing a judge can be a difficult process.
P.A. 100-746: Illinois Public Library District Act amendment By Phillip Lenzini Government Lawyers, February 2019 Effective January 1, three new subsections amended the Illinois Public Library District Act.
Code Revision Commission v. Public.Resource.Org: Copyright of laws and public works By Peter J. Orlowicz Intellectual Property, January 2019 Code Revision Commission, State of Georgia v. Public.Resource.Org., Inc. identifies three factors to consider in determining “whether a written work is attributable to the constructive authorship of the People” and, as a result, not copyrightable.
Code Revision Commission v. Public.Resource.Org: Copyright of laws and public works By Peter J. Orlowicz Local Government Law, December 2018 Code Revision Commission, State of Georgia v. Public.Resource.Org., Inc. identifies three factors to consider in determining “whether a written work is attributable to the constructive authorship of the People” and, as a result, not copyrightable.
Code Revision Commission v. Public.Resource.Org: Copyright of laws and public works By Peter J. Orlowicz Government Lawyers, November 2018 Code Revision Commission, State of Georgia v. Public.Resource.Org., Inc. identifies three factors to consider in determining “whether a written work is attributable to the constructive authorship of the People” and, as a result, not copyrightable.
How I work By Justin L. Leinenweber Government Lawyers, November 2018 Justin Leinenweber shares a few tools he has implemented to help navigate the hectic life of an attorney.
How the state can help pension funds collect delinquent pension contributions from municipalities By Robert P. Osgood Government Lawyers, November 2018 In 2011, the Illinois Pension Code was amended to allow pension funds to garnish delinquent municipalities with the help of the state.
Home rule village has authority to remove library trustee By Phillip Lenzini Government Lawyers, May 2018 According to the appellate decision in Jaros v. Village of Downers Grove, a home rule village board has the authority to remove a library board trustee prior to the end of a six-year term.
Five quick tips for young government attorneys By Kilby Macfadden Government Lawyers, May 2017 Some practice pointers to help you navigate the world of government practice with confidence.
Government organizations as clients By Paul Thompson Government Lawyers, December 2016 The Illinois Rules of Professional Conduct of 2010 address the role of in-house or contract counsel for clients that are not individuals, but are instead organizational entities.
Legislative summary of the 99th General Assembly Government Lawyers, October 2016 A summary of Public Acts 99-496 through 99-699 which may be of interest to the government bar.
What’s app? Government Lawyers, October 2016 A look at some jury apps that may help you in your trial life-- by allowing you to input juror responses during voir dire, make a seating chart, watch juror responses and note-taking, and assist in striking jurors.
How substantial is substantial? Conflicts of interest and government attorneys By John R. Schleppenbach Government Lawyers, June 2016 The Model Rules of Professional Conduct provide that “a lawyer who has formerly served as a public officer or employee of the government . . . shall not . . . represent a client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee, unless the appropriate government agency gives its informed consent, confirmed in writing, to the representation.”
Save the Date: Government Lawyers, June 2016 The ISBA’s Committee on Government Lawyers has created a new CLE program focusing on the Open Meetings Act, scheduled for October 13th, 2016 in Springfield.
Some interesting blawgs for the Illinois government lawyer By Barbara Goeben Government Lawyers, June 2016 The following are some blawgs which are of particular interest to government lawyers practicing in Illinois.
Legislative summary of the 99th General Assembly Government Lawyers, January 2016 The following is a summary of Public Acts 99-101 through 99-200, which may be of interest to the government bar.
Smoke N Stuff v. City of Chicago: Does the One-Act, One-Crime Rule Apply to Proceedings at Municipal Administrative Hearings? By Patrick T. Driscoll, Jr. Government Lawyers, January 2016 Smoke N Stuff v. City of Chicago serves as a reminder that license revocation is a possible sanction even when someone’s business is at stake.
Legislative summary of the 99th General Assembly Government Lawyers, September 2015 A summary of Public Acts 99-001 through 99-100, which may be of interest to the government bar.
Beware the errata sheet! By Kevin Lovellette & Summer Hallaj Federal Civil Practice, June 2015 A hypothetical scenario that illustrates the type of situation in which a government lawyer may find himself or herself when an opposing party seeks to retrospectively alter the substance of a witness’ original deposition testimony.
Time to rethink absolute prosecutorial discretion? By Evan Bruno Government Lawyers, June 2015 Prosecutors should never lose sight of their sacred duty to do the right thing. This applies not only to prosecuting criminals, but also— perhaps even more so—deciding whether to prosecute in the first place.
When the term “shall” is directory: The Illinois Supreme Court reinforces the presumption that statutory language that issues a procedural command to a government official is directory, rather than mandatory By Barbara Goeben Government Lawyers, June 2015 In light of these decisions, a trial court litigator must consider prejudice when arguing about a procedural violation of a statute. Further, appellate attorneys should also consider this precedent in defending an alleged procedural violation by a governmental official.
Beware the errata sheet! By Kevin Lovellette & Summer Hallaj Government Lawyers, April 2015 A hypothetical scenario that illustrates the type of situation in which a government lawyer may find himself or herself when an opposing party seeks to retrospectively alter the substance of a witness’ original deposition testimony.
Committee on Government Lawyers co-sponsors “Human Trafficking and the Commercial Exploitation of Children” seminar By Eileen M. Geary Government Lawyers, April 2015 A summary of this popular program held in October 2014.
States take the lead on legal education reform By Daniel Thies Young Lawyers Division, December 2014 A look at the steps states have taken to address the problem of law school debt and the need to prepare lawyers to provide services to the public. 
Co-owner or creditor? That is the question when dividing a marital public pension By Hon. Mark J. Lopez Family Law, August 2014 The Circuit Court of Cook County - Domestic Relations Division recently determined in a post-decree order that members of a public pension can be ordered to execute a consent to QILDRO.
Appellate court raises its eyebrow at Chicago’s ordinance enforcement machine By Evan Bruno Government Lawyers, June 2014 A discussion of the recent case of Stone Street Partners, LLC v. The City of Chicago Department of Administrative Hearings.
A brief review of the “Notifications to the Department of State Police” section of the Illinois Firearms Owners Identification Card Act: which government employees must notify the Illinois State Police and when must they notify them By Barbara Goeben Government Lawyers, June 2014 A summary of who must notify the indicated agencies and when an individual must be reported.

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