Section Newsletters

Articles on Government Lawyers

In-sites Government Lawyers, March 2007 There are many sites that can assist you in finding public records.
News you can use Government Lawyers, March 2007 The American Bar Association’s Government and Public Sector Lawyers Division is accepting nominations for its three national awards.
Attorney General issues opinions By Lynn Patton Government Lawyers, December 2006 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2005 Supp.)), the Attorney General is authorized, upon request, to furnish written legal opinions to State officers and State’s Attorneys on matters relating to their official duties.
Former Assistant Public Defender suspended By Rosalyn B. Kaplan Government Lawyers, December 2006 While she was employed as an assistant Kane County public defender, Cynthia Sutherin approached three of her colleagues at the Public Defender’s office, as well as another attorney employed by the Kane County State’s Attorney, telling them that she was going to open a law firm with two other assistant public defenders.
In-sites By Dion Davi Government Lawyers, December 2006 There are many Web sites available that provide information related to the criminal justice system. Some provide information about sex offenders and others assist in finding an inmate in a particular facility.
Ethics corner: recent discipline of public sector lawyers and related ABA formal opinion By Rosalyn B. Kaplan Government Lawyers, September 2006 Recent disciplinary orders from the Illinois Supreme Court have included sanctions entered against two public sector attorneys.
Legislative update By Cynthia I. Ervin Government Lawyers, September 2006 The spring session of the 94th General Assembly ended on May 4, 2006. Approximately 353 bills passed both houses of the General Assembly.
Attorney General issues opinions By Cynthia I. Ervin & Lynn Patton Government Lawyers, June 2006 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2004)), the Attorney General is authorized, upon request, to furnish written legal opinions to State officers and State’s Attorneys on matters relating to their official duties.
In-sites Government Lawyers, June 2006 The Health Insurance Portability and Accountability Act, what we know as HIPAA, was enacted by Congress in 1996.
Ethics corner: Recent censure of a public sector lawyer By Rosalyn B. Kaplan Government Lawyers, April 2006 On January 13, 2006, the Illinois Supreme Court censured Justin T. Fitzsimmons for professional misconduct committed during the course of his employment as an assistant state’s attorney in DuPage County.
In-sites Government Lawyers, April 2006 Over the years, the Illinois Bar Journal has provided some great research tips for those searching for government agency regulations, policies, interpretive letters, opinions, digests, forms, and other information.
Legislative update Government Lawyers, December 2005 The 94th General Assembly convened on January 12, 2005. Approximately 6,198 bills were filed for consideration by the General Assembly.
Veto session update Government Lawyers, December 2005 The Illinois General Assembly recently concluded its fall veto session schedule. The following is a brief summary of the legislative action that occurred during the veto session which may be of interest to the government bar.
Department of Employment Security raises the hourly rate for attorneys representing claimants By Glenn R. Gaffney Labor and Employment Law, October 2005 The Illinois Department of Employment Security has effectuated an administrative rule change raising the hourly rate an attorney representing claimants can charge.
Attorney-client privilege in the government sector: United States v. John Doe (In re Grand Jury Investigation) By Patricia M. Fallon Government Lawyers, September 2005 United States v. John Doe (In re Grand Jury Investigation), 399 F.3d 527, 535 (2d Cir. 2005) (In re Grand Jury Investigation) addresses a grand jury subpoena issued to Anne C. George, former chief legal counsel to the Office of the Governor of Connecticut.
Case law update By Lee Ann Schoeffel Government Lawyers, September 2005 Rodriguez v. Sheriff’s Merit Comm’n of Kane County., 355 Ill. App. 3d 676 (2nd Dist., February 4, 2005).
Committee on Government Lawyers hosts brown-bag luncheon seminar By Dion Davi Government Lawyers, September 2005 On April 29, 2005, the ISBA’s Committee on Government Lawyers co-sponsored the brown-bag luncheon seminar, “What’s Next for a Government Attorney.”
Discipline of public sector attorneys: Some recent dispositions of interest from Illinois and other states By Rosalyn B. Kaplan Government Lawyers, September 2005 In re Nelson, Ill. Sup. Ct. No. M.R. 19657 (November 17, 2004). The Illinois Supreme Court ordered a 90-day suspension of Ms. Nelson’s license to practice on the basis of her breach of fiduciary duty to her client and her use of client confidences without the client’s consent, in violation of Rule 1.6(a) of the Rules of Professional Conduct.
In-sites By Kathryn A. Kelly & Dion Davi Government Lawyers, September 2005 All too often we take our writing for granted. We’re lawyers, we rationalize, we know how to write!
Senator Durbin’s efforts to obtain loan assistance for prosecutors and defenders continue By Patrick J. Hughes Human and Civil Rights, August 2005 Illinois Senior Senator Dick Durbin, who has been exceptionally persistent in the efforts to obtain federal student loan assistance for state and local prosecutors and public defenders, is responsible for the introduction of S.1322 including "Part HH-Loan Repayment for Prosecutors and Public Defenders."
Committee on Government Lawyers presents CLE seminar By Nancy G. Easum Government Lawyers, June 2005 On March 7, 2005, the Committee on Government Lawyers (CGL) sponsored the seminar, "Basics of the Legislative Process."
Government lawyers loan forgiveness legislation struggles to find support By Paul A. Logli Government Lawyers, June 2005 The current version of the Prosecutors and Defenders Incentive Act, a government lawyer loan forgiveness bill, was introduced in the 109th session of the U.S. Congress by Representative David Scott of Georgia.
Legislation preview By Lynn Patton & Cynthia I. Ervin Government Lawyers, June 2005 The 94th General Assembly convened on January 12, 2005. To date, 6,198 bills have been filed for consideration by the General Assembly.
Price v. State of Illinois: complaint against State’s Attorney must go to Court of Claims By Galen T. Caldwell Government Lawyers, June 2005 In Price v. State of Illinois, 354 Ill. App. 3d 90, 820 N.E.2d 104, 289 Ill. Dec. 596 (2004), the appellate court held that because a State's Attorney is a State employee who was acting within the scope of his employment during a sentencing hearing, the circuit courts lack subject matter jurisdiction to hear actions brought against the State's Attorney and related vicarious liability claims against the State of Illinois arising from acts performed within the scope of the State's Attorney's employment.
Public defender liability By Patrick J. Hughes Government Lawyers, June 2005 In December 2000, the Illinois Supreme Court affirmed that sovereign immunity does not bar an action against the attorneys of the Cook County Public Defender's Office for negligence allegedly committed in the course of representing an indigent criminal defendant, pursuant to an appointment by the circuit court.
Attorney General issues opinion under State Officials and Employees Ethics Act By Lynn Patton Local Government Law, March 2005 Attorney General Lisa Madigan recently issued an opinion regarding the new State Officials and Employees Ethics Act (5 ILCS 430/1-1 et seq. (West 2003 Supp.)).
Case law update By Lee Ann Schoeffel Government Lawyers, February 2005 Appellate court erred when it approved of trial court's use of contempt petition to order detention of minor defendants in response to violation of terms of court supervision imposed as result of guilty plea to municipal ordinance.
Ethics corner: Discipline of public sector attorneys: some recent dispositions of interest from Illinois and other states By Rosalyn B. Kaplan Government Lawyers, February 2005 Recent cases of interest.
In-sites By Rosalyn B. Kaplan Government Lawyers, February 2005 In the November 2003 edition of this newsletter, I introduced you to the ARDC's Web site and told you that portions of the site were still under construction.
News you can use By Marc Christopher Loro Government Lawyers, February 2005 A Sangamon County judge has entered an order that enjoins the Illinois Department of Children and Family Services (DCFS) from using lay persons to represent it at its administrative hearings.

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