The Gavel

Inside This Issue

Convention update

IJA History

Did You Know...

Someone to know

JRS Corner

Child Support Liens

Board Meeting

Grace G. Dickler

Daniel T. Gillespie

Illinois Judges Assn.

321 S. Plymouth Ct.

Chicago, IL 60604

312.431.1283

Toll-free:

888.431.1283

www.ija.org

e-mail:info@ija.org

Since becoming President of the Illinois Judges Association this past December, I have discovered the important and significant role of the members of our organization. I have been working with past Presidents, the current Executive Committee and the membership in general to try to keep the Illinois Judges Association advancing in a forward direction. It is impossible for me to adequately thank our past President, Steve Mathers, for the incredible amount of work he has done in the past year to ensure that the transition in our administrations would go smoothly. While time consuming, I find that my duties as President are rewarding in that our organization is stronger than it has ever been. This in large part is due to the work of Steve, the members of his Executive Committee, the Task Force and judges across the state who have given their time and energy to the Illinois Judges Association.

This new year is bringing many changes. Our organizational components are working smoothly, efficiently and effectively, due in large part to our Executive Assistant, Maureen McClelland. She has literally hit the ground running and has made it possible for new programs and ideas that I, and the Task Force, envision to take hold and prosper. We are truly fortunate to have Maureen with us. Our new and independent space at 321 South Plymouth Court has benefited the IJA by allowing us to deal organizationally and administratively as a viable and important association.

This year, hopefully, will be one that sees the Illinois Judges Association involved in many statewide organizations and events that brings us recognition for the good work that we do. Programs such as You Drink & Drive, You Lose; the Illinois Judicial Speakers Bureau; Judicial Job Shadow Day and the Judicial Perspective Television Show bring us the exposure and recognition that we deserve.

I will be meeting with the directors of the Judicial Inquiry Board, as well as the Attorney Registration and Disciplinary Commission, to discuss possible links between those organizations and the IJA.

Our Criticism Response Team is working tirelessly to combat unfair criticism of judges and have partnered with the American Board of Trial Advocates toward that end.

The Compensation Review Board meets this year and although there is redistricting, we will approach the task of fair and just judicial compensation with all hopes of serious consideration by the legislature.

There are several ideas that we are advocating concerning retired judges and their ability to serve on the bench while collecting their pensions.

We will attempt, this year, to increase the membership of the Illinois Judges Association and to bring home the point that being a member of our group is in the best interest of all of us. Our organization is strong and vibrant and, I believe, will continue to prosper thanks to the hard work of all of our members. There are too many individuals to thank personally, but please know that, with your help, the Illinois Judges Association will continue to grow and excel as never before.

was the best attended IJA event in many years. Even the Russian judges would have given it a perfect score. Hotel Sheraton staff was required to add seats to an already crowded room throughout the presentation. Judges and lawyers were standing in the aisles and along the walls. Special agent Marie Dicen, a 22 year FBI veteran, held the overflow audience enthralled while she described her work as a serial murder profiler. Unlike the popular television profiler, she related that the only time she had a flashback at a crime scene occurred on one occasion when she had too much to drink the night before. She interviewed John Wayne Gacy during her tenure in the Chicago office. She told the overflow audience that she often found serial murderers to be diagnosed with a narcissistic personality disorder or a psychopathic personality disorder. She reported learning that the typical "school shooters" were often found to be narcissistic, with grandiose schemes covering a fragile ego.

One of the speakers, Stan Walker, who teaches interrogation and interview techniques for national and international institutes, such as the Justice Department, Johns Hopkins University and the FBI, noted that the average police officer receives only four hours training on interrogation and interview techniques. He related that cues of stress do not necessarily indicate that the subject is lying, just that he is, in fact, under stress. The trained observer is schooled in looking for clues of verbal and non-verbal behavior. In looking for verbal deception, one should observe the subject’s voice quality, rate, pitch and volume. Mitchel Mars, an assistant United States Attorney and chief of the organized crime section in Chicago, related stories of regularly speaking with professional liars and con-men. One challenge he expressed is that when speaking to a known pathological liar, he must ask himself whether he knows the person is lying in this instance. The entire afternoon seminar was a fascinating presentation of excellent speakers on an intriguing topic: what is the truth about when someone is lying?

Scott Turow, Chicago attorney and best-selling author, was a fascinating keynote luncheon speaker. He related to the assembled judges and lawyers that, as a student, he was inspired by James Joyce’s Portrait of the Artist as a Young Man. As an assistant United States Attorney he learned that a successful prosecutor must capture a jury’s imagination by telling them a good story. He discovered the primal attraction crime and mystery holds for us. This provided the background for the idea of writing a novel about all that’s involved in a criminal trial. He spent seven years working on Presumed Innocent. Turow observed that sometimes in a courtroom after the trial is over the attorneys do not know exactly what happened in the events that provided the basis for the trial. Accordingly, his first mystery novel, Presumed Innocent, ended with a conversation which does not emphatically tell the reader how the crime occurred.

At the general membership meeting on Saturday, outgoing president Steve Mathers recognized outgoing executive secretary Kathy McEnroe for her excellent support work. He acknowledged that she ensured that the executive committee was always well informed. Judge Mathers announced that the organization has grown and developed to the extent that it would benefit greatly from an executive assistant, rather than an executive secretary. He announced that Maureen McClelland would become the association’s new executive assistant. Judge Mathers thanked Michele Lowrance and Mary Ellen Coghlan, convention co-chairs, for a well attended lunch and an outstanding afternoon program. Judge Mathers thanked Rita Novak and Helaine Berger for reformatting and revitalizing The Gavel. Judges Ray Jagielski, Rich Goldenhersh and Pat McGann were recognized for their committee work regarding campaign rules for judges. Judge David Youck was recognized for his excellent work with the Electronic Media Committee. Judge Vanessa Hopkins was recognized for her work in increasing Cook County membership.

In-coming president Stuart Nudelman thanked Steve Mathers for showing him what dedication means. Judge Nudelman declared that he admires and respects Steve’s dedication to this organization, which clearly means so much to him. Stuart Nudelman observed that Steve Mather’s tenure as president has made the organization proud. Over 250 people attended the seminar prepared by Michele Lowrance and Mary Ann Coghlan. Judge Nudelman pledged to continue what Judge Mathers started. Judge Nudelman emphasized that it is important to communicate with chief judges throughout the state. This will be accomplished by fax or e-mail, when appropriate, in order to update judges on what the organization is doing. Judge Nudelman highlighted the program known as "You Drink & Drive, You Lose." Judge Nudelman announced that this is a program that will continue to be presented throughout the state.

(HISTORY Continued from page #)

(MEETING Continued from page #)

IJA

2002

Committee Chairs

Victoria A. Rossetti

Richard A. Kavitt

Patrick K. Leston

Jesse G. Reyes

Victoria A. Rossetti

Edward R. Jordan

Veronica B. Mathein

Fred A. Geiger

J. Patrick Morse

Philip B. Benefiel

Dennis J. Burke

Joseph G. Kazmierski

David A. Youck

Grace G. Dickler

Daniel T. Gillespie

Timothy C. Evans

Michael R. Galasso

Anne M. Burke

Dennis K. Cashman

Richard P. Goldenhersh

Raymond L. Jagielski

Stephen C. Mathers

John O. Steele

Stuart H. Shiffman

John O. Steele

Philip B. Benefiel

William M. Madden

Seymour F. Simon

Successful Annual Meeting

(See MEETING Continued on page #)

President Stuart Nudelman has recently named Committee chairs and members. Committees should be meeting in the near future to form agendas for the year. It is not too late to request to be members of specific committees. Remember, the IJA is your organization and in many instances your only unified voice. Please contact the committee chair of your choice if you are interested in being a member of a committee. (Committee chairs are listed on page 2.)

2002 Officers & Board of Directors

Stuart A. Nudelman

Ann Brackley Jorgensen

John O. Steele

James M. Wexstten

Jesse G. Reyes

Victoria A. Rossetti

John A. Barra

John L. Bell

Helaine L. Berger

James K. Borbely

Judith M. Brawka

Anne M. Burke

Dennis J. Burke

Edward R. Burr

Bernetta D. Bush

Robert E. Byrne

Robert L. Carter

Dennis K. Cashman

Mary Ellen Coghlan

Sharon J. Coleman

Maureen E. Connors

Barbara Crowder

David Delgado

Donald M. Devlin

Grace Guerra Dickler

Gino L. DiVito

Thomas A. Dunn

Lynn M. Egan

Ann A. Einhorn

Timothy C. Evans

Michael R. Galasso

Timothy R. Gill

Patricia P. Golden

Richard P. Goldenhersh

James F. Henry

Vanessa A. Hopkins

Raymond L. Jagielski

Barbara G. Johnson

Nancy Katz

Lynne Kawamoto

William A. Kelly

Stephen M. Kernan

Patrick J. Leston

Michele F. Lowrance

Tom M. Lytton

Stephen C. Mather

Patrick E. McGann

J. Patrick Morse

Stephen R. Pacey

Stephen G. Sawyer

William G. Schwartz

John J. Scotillo

Stuart H. Shiffman

Timothy J. Slavin

Ronald D. Spears

Eddie A. Stephens

Jane L. Stuart

Michael W. Stuttley

Mary Jane Theis

Hollis L. Webster

Kendall O. Wenzelman

On December 13, 1996, Judges Wachowski and Benefiel published a history of the Illinois Judges Association (hereafter IJA). This article will highlight information contained in Passing the Gavel - a History of the IJA. The IJA was formed December 4, 1971 following changes in the Illinois judicial system resulting from the adoption of the Illinois Constitution in 1970. From 1870 - 1964, Illinois had a variety of trial courts, which often had limited and overlapping jurisdictions. Prior to 1964, judges were elected and reelected in contested elections on partisan ballots. In 1964, a "unified" court system was created with only one trial court, the Circuit Court. The Circuit Court had three classifications of judges: Circuit Judges, Associate Judges and Magistrates. Both Circuit Judges and Associate Judges were elected positions, Magistrates served "at the pleasure of the Circuit Judges". As a result of the unification, the Associate Judges formed an Association known as the Illinois Associate Judges Association while the Circuit Judges joined an association with the Appellate Judges known as the Illinois Circuit and Appellate Judges Association. It was these two organizations, which, after the 1970 Constitution, merged to form the IJA.

The 1970 Constitution made changes to the new unified court system. The three classifications of judges were reduced to two: (1) Circuit Judges which included those previously called associate judges, and (2) Associate Judges who were formerly called magistrates and were hereafter to be appointed and reappointed by the Circuit Judges. Due to the aforementioned changes, leaders in the judicial organizations conceived the idea of a "unified" association of judges to match the "unification of the Illinois Courts". The history of the IJA is a history of a movement for equality among trial judges of the State of Illinois. At the inception of the IJA, membership was open to elected judges only. Almost immediately, a movement began by some of the circuit judges to open up the organization to include associate judges. Although some circuit judges opposed this idea, those in favor ultimately prevailed. Initially, however, associate judges were allowed to hold office but never be president. Finally, in 1985, Roland J. DeMarco became the first associate judge president of the IJA.

The acceptance of associate judges into the IJA was not the only divisive issue. The differential in pay between Cook County judges and Downstate judges was another struggle ultimately litigated in Federal Court. The lawsuit was dismissed. However, the IJA endeavored to unite the Cook County and downstate judges and, ultimately, largely through the tireless efforts of IJA President Joe Power, then Senator Richard M. Daley aided in the passage of the bill that equalized Cook and Downstate salaries. Another divisive issue was the position of the Supreme Court Justices as to the propriety of the Association in that they deemed that its existence infringed upon their power to supervise the judicial system. Ultimately, however, Supreme Court Justices became members, and indeed, some prior presidents of the organization became Supreme Court Justices after their tenures as presidents of the IJA.

The IJA has been a powerful and supportive source for Illinois Judges. The IJA has intervened in a number of JIB complaints filed against Illinois Judges. These interventions were particularly important when the Courts Commission was initially established. Shortly after its inception in the early 70’s, the Courts Commission filed a complaint against a judge based on sanctions imposed by the judge upon a defendant. The judge’s actions were based upon his interpretation of a statute. The Courts Commission imposed a suspension upon the judge. The IJA intervened, filing a Petition for Reconsideration before the Supreme Court. The Supreme Court, vacating the suspension order held that the Courts Commission decision could only be final if it had jurisdiction, that interpretation of a statute is a judicial function, thus the Courts Commission lacked jurisdiction to discipline a judge for his interpretation of a statute. This was not the only instance where the IJA has helped a judge. Judge Harold Sullivan through the auspices of the IJA consistently assisted judges who received JIB complaints. Also, through the Judicial Ethics Committee established by the IJA, judges are able to obtain opinions on the appropriateness of certain actions and thereby hopefully avoid future disciplinary actions.

Finally, one cannot overlook the role of the IJA in obtaining pay raises for Illinois Judges. In 1990, the IJA was integrally involved in working with legislators and obtaining a Cost of Living Allowance (COLA) for Illinois judges to ensure that salaries would not be eroded by cost of living increases. Thereafter, additional pay raises have been obtained, again, with the aid and coordination of the IJA.

Clearly, given the positive impact that the IJA has had on the lives of Illinois judges, we hopefully will have a 100% membership in the future.

Photos from the recent Run For Justice and

Annual Convention

courtesy of Judge Daniel Gillespie

(HISTORY g, I must comment on ironies, controversies and, well, give you the plain dirt. For those of you who find that offensive, I refer you to the excellent intellectual articles found elsewhere in this publication.

Downstate the Supreme Court race between Justice Rita Garman and Justice Robert Steigmann is very interesting for all including Illini fans. As an alum, I always liked the Chief as he took my mind off the fact that the Illini were one of the worst teams in football during my tenure there. As for me, I’m looking forward to the seminar at the Judicial Conference on campaign activities. Is it time to drop the prohibition on political activity and judges stating their opinions during campaigns?

Chief Judge Evans has named Judge Bill Maddux the Presiding Judge of Law Division. His friends from his old law firm threw a huge party for him at the Palmer House. I’m still hurt that I wasn’t invited. Rumor has it the party was great fun. Judge Evans also appointed Judge Dorothy Kinnaird the Presiding Judge of Chancery Division. Kinnaird is the first woman to ever head that division and, in Cook County, those chancellors are truly thought to be the crème de la crème. Joining Kinnaird in Chancery are Gay Lloyd-Lott (who beat me in the primary in ’96) and has since distinguished himself as supervising judge of expedited Child Support, Tom Quinn, and Donald O’Brien who had the nerve to take over my chambers. Wonder if he found that snake I left in the drawer yet. Other new assignments include Tom Hogan to Law, Sue Coleman to 4th Municipal and Charles Winkler to Domestic Relations. Speaking of Judge Evans, he has been everywhere lately - accepting awards, appearing at community and bar events and dealing with the usual budget and staff issues. It’s amazing because he is still smiling and clearly enjoying the toughest job in the courthouse.

The Supreme Court appointed a past finalist for associate judge, Lewis Nixon, in November. Nixon was Assistant General Counsel of the Midwest Region of the U.S. Department of Housing and Urban Development. Surely, the lure of a shorter title was a bonus. Justice McMorrow recommended his appointment. The Supreme Court has also recently appointed Themis Karnezis to serve on the 1st District Appellate Court. Kudos to a very deserving jurist.

A big fest was held when Associate Judges Thaddeus "Ted" Kowalski and Mike Sheehan retired from the bench. Kowalski was lauded for his involvement in the communities and Sheehan for being a fabulous utility player who did whatever he could to serve the court without complaint. Judge Leonard Grazian of the Law Division retired in December. Also retiring was Associate Judge Gerald T. Rohrer.

Associate Judge E. Thomas Lang retired after more than 20 years on the bench.

I’m sure Lake County is proud that its own Associate Judge Victoria Rossetti has become Treasurer of the IJA. She’s in line to become the third woman President in IJA history. I can testify to her competence as she soundly defeated me when we tried cases against each other years ago in Lake County.

Assigned to the Appellate Court were Judge Frederick Kapala in the Second District and Judge Thomas R. Appleton in the Fourth. Justice Appleton’s appointment increases the number of judges on the bench in Springfield’s Fourth District to help alleviate a crowded docket.

In the 12th Circuit (Will County), four new judges were appointed by the Illinois Supreme Court: James Jeffrey Allen, Paula Gomora, Roman Okrei and Thomas Thanas. Meanwhile, Marzell L. Richardson, Jr., was named the new associate. Associate Judge Scott Drazewski of Bloomington got the impetus to run for a full circuit in the 11th when the Supreme Court appointed him to fill the new judgeship there.

Joining the bench in the 19th Circuit (Peoria) after a Supreme Court appointment was James E. Shadid. Meanwhile John F. Joyce was selected an Associate Judge in the 15th (Mount Carroll). Clark County State’s Attorney, David W. Lewis, got the call to become the new Associate Judge in the 5th Circuit after a long prosecutorial career; Judge Lewis is a past president of the Clark County Bar Association. The 5th Circuit also added Mitchell K. Shick who gained a Supreme Court appointment.

Taking the Chief Judge spot in the 8th Circuit was Judge Thomas Brownfied. In the 2nd Circuit, IJA’s James M. Wexstten was re-elected to the Chief Judge position.

Joseph McGraw was appointed to a full circuit position in the 17th Circuit (Winnebago) while Judge Gerald F. Grubb took over the Chief Judge’s position. McGraw’s appointment comes as the result of the retirement of Judge Michael R. Morrison. Among other accomplishments, McGraw chaired the Belvidere Outreach Ministry. The Supreme Court recalled 14th Circuit Judge Jay Hanson of Hillsdale to the Henry County bench.

Retiring was Judge W. Charles Witte in the 11th Circuit, Robert P. Hennessey in the 3rd Circuit, Judge Donald C. Courson in the 10th Circuit and recalled Judge Charles H. Wilhelm in the 9th Circuit. The 14the circuit lost Judge Martin E. Conway, Jr. to retirement.

We will miss these judges who died recently . . . Justice Michael A. Bilandic who retired from the Illinois Supreme Court in December. Justice Bilandic’s career in public service included the aldermanic post in the powerful 11th Ward, Mayor of City of Chicago, Illinois Appellate Court and Chief Justice of Illinois Supreme Court. Outside the legal community, he is best remembered for his stint as mayor from 1976-79 when he took over after the death of Mayor Richard J. Daley. The pundits eulogized him with memories of Bilandic’s defeat by Jane Byrne; the defeat attributed to a lack of clean up after record snowfalls. In the legal community, he will be remembered for his sense of humor (my family still laughs about his analogy at my swearing in between baseball players and associate judges - something about a no-cut contract), scholarship, dignity and honor. It behooves mention that although the best men at his wedding included Tom Hynes, Ed Burke, Michael and Richard M. Daley, Mike Madigan and Ed Vrdolyak, he accepted no campaign contributions when he ran for the Court in 1990, not wanting to be beholden to anyone. As Chief Justice Harrison was quoted as saying in the ISBA News: "He was a great jurist but even a greater human being." Justice Bilandic died of heart rupture at Northwestern Memorial Hospital at age 78 awaiting bypass surgery.

Many, but especially the Italian-American Community mourned the death of retired Judge Pasquale A. "Buck" Sorrentino. Sorrentino had been the Presiding Judge of Cook County’s Law Division and according to the Justinian Society newsletter was "influential in the appointment of " associate judges. He was active in that organization for over 30 years and had a distinguished career on the bench.

Cook County Judge Donald O’Brien died in December. He started his career in the Illinois Senate where he served for 8 years as minority leader prior to taking the bench. He later did an 8-year stint as the Presiding Judge of the Chancery Division. It’s ironic to then note that he died at age 88. Our condolences to his family including his son, sitting Judge Donald J. O’Brien, Jr. In February, retired judge Meyer "Mike" Goldstein died at the age of 94. He served for 21 years on the bench, retiring in 1985. He was remembered for a 1982 decision declaring Chicago’s ban on real estate "for sale" signs unconstitutional.

(DID YOU KNOW Continued on page #)

Someone You Should Know

Maureen McClelland, Executive Assistant, IJA

In addition to her full-time activities in said capacity, Maureen worked, on a part-time basis as Executive Assistant of the Illinois Judges Association from 1978-1997. As Executive Assistant, Maureen was responsible for the daily operations of the organization and for a myriad of other duties including coordinating the annual convention, maintaining financial records, taking minutes at the various meetings of the organization and overseeing organized mailings of the organization. In addition to the above tasks, commencing in 1992, Maureen became the Committee Administrator for the Illinois Judicial Ethics Committee. This committee is particularly relevant to Illinois judges in that it allows judges to request information and opinions on ethical issues that confront a judge. Maureen has had the ongoing responsibility for addressing questions from judges, researching the specific question posed and referring the inquiring judge to a member of the committee for facilitation when necessary.

On a personal level, I've had the privilege of working with Maureen both through my participation in the Illinois Judges Association and through my tenure since 1999 at the Second Municipal District. Maureen's organizational skills are exceptional. There is no problem ever presented that Maureen does not readily solve. Moreover, she has the uncanny ability of anticipating and addressing issues that would have turned into future problems but for her vigilance and diligence in addressing same. The Second District's loss is certainly the IJA's gain. Maureen's institutional knowledge of the IJA combined with her intelligence and good sense will ensure that the IJA continues to be an invaluable source for Illinois judges. As Judge Stuart Nudelman, our current President noted: "Maureen is a treasure." As time passes I am sure that you will agree that no one else would be as fitting or capable as Maureen McClelland to serve as the first full-time Executive Assistant of the IJA.

We are frequently asked the question "Can I work once I retire?". The circumstances sometimes require us to evaluate each case but for the most part these are the guidelines that you should follow. Your benefit will be suspended if you return to work as a Judge; if you accept full-time state employment; or if you accept a temporary position with the state and work more than 75 days in a calendar year. Benefits would be suspended if you retire using the reciprocal act and return to work in a position covered by the system you used in your retirement. You can continue to receive your pension if you work for a county government, a college or university in any capacity and did not use the appropriate reciprocal system in receiving your retirement benefit. If you return to work for the state as a independent contractor you can still receive your benefits during such employment, however, be careful as there is a difference between a independent contractor and a contractual employee. An independent contractor is one who performs the work agreed upon and is responsible for furnishing the necessary materials to complete the work. Independent contractors are also paid on a different voucher than other state employees.A contractual employee is actually a state employee without most of the state benefits. We encourage anyone interested in other employment after retiring, contact our office if they have any questions concerning the employment.

(DID YOU KNOW Continued on page #)

In 1997, the legislature amended the child support statutes to provide that unpaid child support becomes a lien on real and personal property of the obligor. The issue for the trial judge becomes how this lien is enforced. This article will explore the nature of liens and their enforcement. It will seek to give some guidance to trial judges who must examine the liens in the collection of past due child support.

The federal mandate. The Welfare Reform Act (Personal Responsibility and Work Opportunity Reconciliation Act of 1996, PL 104-193, 42 USCA sec. 666) required states to include specific child support enforcement tools in their laws to continue to receive federal funding. The one of interest herein is 42 USCA sec. 666(a)(4)(A). It requires that the States enact a statute providing that liens for overdue support must arise by operation of law against real and personal property. Before this change, the federal law required only that the State have a procedure in effect that could impose a lien. 45 CFR sec. 303.103. The federal law does not specify exactly what a lien by operation of law entails.

The state response. The Illinois legislature amended the child support statutes to meet the federal mandate. 750 ILCS 5/505(d) provides as follows:

The same language was added to 750 ILCS 45/14(c). This language became effective July 1, 1997. Note that nothing in that statute explains to the trial court how a parent owed child support enforces that lien. A lien is generally viewed as "a charge upon property, either real or personal, for the payment or discharge of a particular debt or duty in priority to the general debts or duties of the owner; an encumbrance upon property as security for the payment of a debt; or a hold or claim on another’s property as security for the payment or performance of a debt….Eastman v. Messner, 188 Ill.2d 404, 242 Ill.Dec. 623, 721 N.E.2d 1154 (1999). Liens are usually categorized as security interests from purchase obligations, judicial liens from legal or equitable proceedings, common-law liens, or statutory liens. (see 740 ILCS 160/29(h)). One would normally expect that a statutory lien that occurs because of operation of law applies without any act by the parties. The trial court cannot be quick to assume that every asset of the obligor now has an invisible child support lien that applies even without notice to third parties.

Liens on real property. The Conveyances Act, 765 ILCS 5/0.01 et.seq. deals with conveyances and priorities of liens on real property. To a person asserting a lien on real estate, this act requires that the lien be recorded. 735 ILCS 5/12-101. Lien of judgment provides:

The court must be satisfied that the lien against the real estate was recorded. Therefore, a litigant who asserts that he or she has a lien against proceeds of sale of real property or who wishes to foreclose their lien must have recorded it.

There is no deadline on the time that the child support lien can be enforced against real estate once it is recorded. Unlike other judgments that cannot be enforced after 7 years (or 20 if revived), this lien goes on apparently forever. 735 ILCS 5/12-108 provides that "(a)Except as herein provided, no judgment shall be enforced after the expiration of 7 years from the time the same is rendered, except upon the revival of the same by a proceeding provided by Section 2-1601 of this Act…. Child support judgments, including those arising by operation of law, may be enforced at any time." (emphasis added)

Personal property liens. A judgment could always become a lien and be satisfied against personal property without being a lien "by operation of law." Unlike the lien against real property, a judgment could be enforced against personal property simply by causing an attachment to issue for execution and sale of the property. Once a certified copy of the judgment has been delivered to the sheriff or other appropriate officer for service, a "judgment shall bind the goods and chattels of the person against whom it is entered…." 735 ILCS 5/12-111. The sheriff or like person then attaches the property and it is sold to satisfy the debt. Both the real estate and personal property of the obligor may be sold to satisfy the support liens. 735 ILCS 5/12-164.

The child support creditor may levy on personal property titled or in the possession of someone other than the parent owing support if the third-party holding title is brought before the court. Specifically, 735 ILCS 5/12-112 provides:

"If the court authorizes the piercing of the ownership veil pursuant to Section 505 of the Illinois Marriage and Dissolution of Marriage Act or Section 15 of the Illinois Parentage Act of 1984, any assets determined to be those of the non-custodial parent, although now held in name of the non-custodial parent, shall be subject to attachment or other provisional remedy in accordance with the procedure prescribed by this Code. The court may not authorize attachment of property or any other provisional remedy under this paragraph unless it has obtained jurisdiction over the entity holding title to the property by proper service on that entity…."

Unlike the homestead exemption in real estate, there do not appear to be any exemptions that apply to personal property. 735 ILCS 5/12-1001 allows a debtor to claim as exempt from execution $2000 equity interest in personal property, $1200 in a car, and $750 in tools of the trade. Even before the statutory lien was created the exemptions did not apply in child support and maintenance cases. Jakubik v. Jakubik, 208 Ill.App.3d 199, 152 Ill.Dec. 931, 566 N.E.2d 808 (2nd Dist. 1991).

Some items could not be sold to satisfy traditional judgment lien. Specifically, courts have previously held that a seat on a membership or trading exchange is not a good or chattel so that no lien attached to it. In re Marriage of Rochford, 91 Ill.App.3d 769, 414 N.E.2d 1096, 46 Ill.Dec. 943 (1^st Dist., 1980). The wife in Rochford tried to enforce a dissolution judgment against the husband’s seat on the Chicago Mercantile Exchange. The court noted the seat was not a "good or chattel" but was personal property that could be attached under a citation to discover assets which is a proceeding served upon the a judgment debtor to discover nonexempt assets. Once discovered, the court could then order the property turned over to the creditor.

The need to file various liens or citations may have ended with the advent of a lien by operation of law. Rather than the court having to determine whether a creditor was a judgment creditor or had an equitable lien, the statutory language now implies, in the case of personal property, that the child support lien attaches to all property. There is still a question whether a lien can be claimed against a third party who obtains personal property without notice of a child support arrearage. Nothing has perfected a lien to tell the prospective buyer to check or convey proceeds to a parent owed support. Unfortunately, there is no clear system as to how a lien by operation of law is enforced except by execution via Sheriff. Can it take precedence over a third party who obtains the personal property even if there is no public record of the child support order? In all likelihood, unless property is conveyed to a third party who knew of the child support arrears, a personal property lien probably can only be enforced by executing directly against property in the debtor’s possession or via the third party defendant by piercing the ownership veil. A secured creditor who has not been paid for the item would have to be paid before the child support creditor. Without specific guidance by an appellate court, the trial court can decide to only honor liens with notice.

More questions have been created than answered by the modification of the statute to make liens attach by operation of law. Courts will be aided greatly if attorneys have recorded their child support orders so that all and sundry can find them. Where they have not, the question has not been resolved whether the court should place the onus on the buyer of real or personal property to check the public records for dissolution orders. It does appear that the enforcement of the liens against real estate and personal property still need to be executed the same as when they were judgment liens.

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Newly elected president, Judge Stuart Nudelman, presided over the IJA Board of Directors meeting held during the annual meeting. Judge Nudelman thanked Judges Mary Ann Coghlan and Michele Lowrance for their excellent work on the convention. The programs were extremely successful. Judge Nudelman announced that the IJA has formed a Foundation and that by-laws for the foundation have been written. A motion to adopt the by-laws was made seconded and approved. The Executive Board of the Foundation will include IJA officers and two past presidents.

It was reported that the ISBA asked for support from the IJA to create a Supreme Court Commission to be the watch dog of unauthorized practice of law. Justice Richard Goldenhersh moved to approve supporting the plan. The motion was unanimously approved. Judge Patrick Morse reported for the Court Facilities Committee that the Supreme Court requested a review of their Springfield facilities. A report was submitted to the Court. Judge William Madden delivered the Retired Judges Committee Report, which requested support from the Board to submit a request to the Illinois Supreme Court to allow retired judges to participate in continuing legal education programs provided for judges. Pursuant to a motion from Judge Mathers, discussion was tabled until further information could be provided. Justice Goldenhersh and Judge Raymond Jagielski provided the Judicial Selection Committee Report. A discussion regarding the "Judicial Candidates Pledge" which was generated by the Judicial Advisory Task Force, a voluntary group of Bar Associations, ensued. Judicial candidates would be asked to comply with the pledge, which could be distributed by the ISBA and the CBA judicial evaluation committees. Justice Goldenhersh moved to adopt the pledge. Judge Stephen seconded and the motion carried.

Justice Gino DiVito delivered the Long Range Planning Report. A professional assessment of the organization was made in September. Plans are underway to implement the suggestions made by the consulting firm. Judge Timothy Evans delivered the Government Affairs Report. He discussed the committee’s plans for the upcoming year. Judge Patrick Leston delivered the Benefits and Pension Committee Report. He indicated that no changes have recently been made. Judge Mathers updated the Board on the progress of HB 1964, which deals with a pension amendment.

Judges Philip Benefiel and Dennis Burke delivered the Criticism Response Team Report. A situation recently arose regarding undue criticism of judge which the committee was involved in, along with the American Board of Trial Advocates. Judge Benefiel discussed the importance of the role which Mr. James Keating, President of the Chicago Chapter of the ABOTA played in trying to resolve the situation. A motion to approve a resolution to accept assistance from the ABOTA in the future was approved. A second resolution thanking Mr. Keating was also approved.

Chris Ruys presented an overview on the public relations program. She discussed the new program, "You Drink & Drive, You Lose", which is a program aimed at 15 year olds. The presentations will be made by a lawyer, a judge and a victim of drunk driving.

Judge Grace Dickler, co-editor of The Gavel, thanked Judges Helaine Berger and Rita Novak, outgoing co-editors, for their excellent work on The Gavel.

(BOARD Continued on page #)