A Publication of the Illinois Judges Association
In the last issue of the "Gavel" I outlined those things which I hoped the IJA would consider and address during my tenure. Now early in the term, I offer you a general overview of our progress thus far.
As of this writing, the bill favorably altering our retirement system remains pending in the Illinois House of Representatives. However; hopefully by the time this is published the IJA membership will all have contacted their representatives, and the legislation will have passed or it will be well on its way to passage.
However, if it has not moved significantly forward, I encourage each of you to re-contact your representative and ask for his or her assistance in the passage of Senate Bill 1020 before the legislature adjourns for the summer. Please help us make sure that this beneficial law does not get lost in the shuffle.
On another front, our Retired Judges Committee is fully involved in formulating a position on "senior status". They have been researching, meeting and writing. I suspect we all eagerly look forward to their report.
On the public relations side, we continue to stride forward. Our consultant is virtually indefatigable as she constantly keeps media opportunities on my plate. We are truly learning the value of marketing ourselves. I have had dozens of opportunities to publicly discuss judicial independence, "senior status" and our Association.
The membership reports the highest membership numbers at the end of March. However, we want full participation. Please, help enroll all of the active and retired Judges.
The Board of Directors will be meeting at Nordic Hills in Itasca on July 9th and 10th. We have many items on the agenda, and we will report to you any actions taken in the next issue of the "Gavel".
Volume 22
Issue 2
Special points of interest:
• S.Ct. Reconvenes Leg. Panel 2
• Judicial Development Program 4
• Ron Spears' 10 Reasons to Join 5
• Speak Up for IJA 7
• S. Ct. Judicial Education Program 9
• Riding the Circuits 10
• News About Judges 11
• Editors Corner 13
The Gavel
A Tribute to Harold W. Sullivan
By Charles M. Travis
After 35 years as head of the Second Municipal District for the Circuit Court of Cook County, Harold W. Sullivan announced his retirement from the bench effective July 2, 1999.
Sullivan is one of the founders of the Illinois Judges Association and a constant participant in its various activities.
In an article published in the "Chicago Lawyer" Magazine, Judge Sullivan is quoted as saying about his retirement, "I've been thinking of retirement for some time. I'm blessed with good health. I've been skiing once this year and plan to go again with about five of the grandchildren. It's things like that I should have more time to do. More than that, it is time to try something else while I'm vigorous enough to do it."
Sullivan and his wife Mildred have 12 children. A daughter, Sharon Marie Sullivan, a Judge in Cook Counties Third District.
Continued Page 13
Board Minutes
(Continued from previous page)
The Gavel
The Gavel
Illinois Judges Association
321 South Plymouth Court
Chicago, Illinois 60604
Phone: 312-431-1283;
888-431-1283
Fax: 312-554-2054
Email: info@ija.org
On the Web
Http:/www.ija.org
Officers of the
Illinois Judges Association
President
Timothy J. Slavin
620 Lincolnway Court
Morrison, IL 61270
815/772-5179 FAX 815/772-5180
E-Mail:judgeslavin@essex1.com
First Vice President
William J. Hibbler
1100 South Hamilton Avenue
Chicago, IL 60612
312/433-4757
Second Vice President
Stephen C. Mathers
200 South Cherry Street
Galesburg, IL 61401
309/345-3847
Third Vice President
Patrick E. McGann
321 North LaSalle Street
Chicago, IL 60610
312/822-3530
Secretary
Michael R. Galasso
501 North County Farm Road
Wheaton, IL 60187
630/682-7301
Treasurer
Stuart A. Nudelman
5600 Old Orchard Rd.
Skokie, Il. 60077
847/470-7503
Board of Directors
John L. Bell Phillip Benfiel
Terrence J. Brady Robert Bertucci
Donald Bernardi Judith M. Browka
Dennis Burke Robert E. Byrne
Robert L. Carter Carl J. Cipolla
Harry E. Clem Gloria G. Coco
Rosemary Collins Jacqueline Cox
Joy Cunningham Ellen A. Dauber
Grace G. Dickler Gino L. DiVito
Annette A. Eckert Saul A. Epton
Timothy C. Evans Lynn Egan
Francis Gembala Daniel Gillespie
Richard Goldenhersh Herman S. Haase
James F. Henry Thomas A. Hett
Raymond Jagielski Barbara Johnson
Ann B. Jorgensen Richard A. Kavitt
Stephen M. Kernan Patrick J. Leston
Michele Lowrance Carl A. Lund
John F. Michela J.P. Morse
C. David Nelson Stuart Palmer
Donald Parkinson Sebastian Patti
S. Louis Rathje Ellis E. Reid
David L. Sauer Stephen Sawyer
Harvey Schwartz Wm. G. Schwartz
John J. Scotillo Stuart H. Shiffman
Susan Snow John Steele
Jane Stuart Mary Jane Theis
Chet W. Vahle Ken Wenzelman
Walter Williams
The Gavel
For the last 9 years, the Judicial Development Project of the Supreme Court of Illinois Committee on Judicial Performance Evaluation, administered by Loyola University Chicago has endeavored to improve thc performances of individual judges and hence the judiciary as a whole. The project seeks to foster self-improvement by informing judges as to how attorneys and court staff perceive them. The project identifies strengths and weaknesses, as compared to the average composite ratings of other judges from the same area, with regard to the individual judge's legal ability, case docket management, courtroom demeanor, integrity and impartially. This information is compiled into a report which is presented to the assessed judge by a facilitator, usually another judge, who has received training in developmental feedback.
Information about judges is collected for purposes of self-improvement and is only available to project staff and, in report form, to the assessed judge through a facilitator of his or her choosing. The information is never made publicly available nor is it ever used for retention, assignment or discipline. All information obtained is considered privileged and strictly confidential through Supreme Court Rule 58, which protects the confidentiality of judges who participate in the project and the identity of respondents so that they may freely comment.
The process begins when the Committee Chair, currently held by thc Honorable Robert Hildebrand of the 20th Circuit, contacts a Chief or Presiding Judge in order to arrange a time to meet with the judges in that particular circuit, district or division. The Chair and members of the project staff of Loyola present information about the purpose, methods, and confidentiality of the program and answer any questions that arise.
The assessment process itself begins when a judge or a member of his or her staff submit the name of lawyers and court staff who are familiar with the participating judge's performance. We ask that the list have approximately 100 names (and corresponding addresses) on it, however, in smaller circuits we have lowered the requested number of names to 65, a goal generally attainable when court staff such as court reporters, bailiffs, probation officers and social service workers are included. The project then sends detailed questionnaires to all individuals identified by a participating judge, if an individual does not respond after the original attempt, we make two follow-up attempts to gain participation.
The questionnaires ask the respondent to identify strengths and weaknesses with respect to a judge's courtroom management skills, integrity, impartiality, courtroom demeanor, legal knowledge and ability and overall ability. After each of these sections, participants are given space to comment, in their own words, about the judge's performance. This information is tabulated and a 10 to 12 page report is created that identifies areas in which the assessed judge is perceived as performing similarly to other judges, more favorably than others assessed and areas where improvement is suggested. Respondents comments are used to illustrate the ratings and identify specific behaviors that they view as needing further development. All comments are attached to the end of the report. The facilitator and judge go over the report together in order to formulate goals as to how the assessed judge can use his or her strengths to correct any weaknesses identified.
To date more than 450 judges from 17 circuits and portions of Cook County have participated in thc program. A high percentage, nearly 60%, of lawyers and court staff participate by returning thc questionnaire and 73% respond by returning a postcard that indicates participation status without linking an individual's name to the responses. Feedback from assessed judges, facilitators, and respondents suggest that participants at all levels are satisfied with the project. Also, we have integrated comments from participants into our procedures in order to improve the process; i.e., the expansion from surveying only lawyers to including other professionals and non-litigants that regularly work in the courts. This decision has allowed us to obtain better all-around perceptions of the participating judges, resulting in suggestions that do not make a judge beholden to any one group of respondents, and, and increased accessibility of the project in areas with few trial lawyers.
Currently the Judicial Development Project is working in the four circuits that had not previously been offered the program and is continuing work in the Circuit Court of Cook County. During the next 12 months the project plans to begin reassessing areas that have previously been assessed. In these areas, we will offer judges that have previously been assessed a comparison of their current and previous ratings. We will also offer the program to new judges, judges that have significantly different assignments than when they were originally assessed and to judges that were not assessed the first time we offered the program.
The Judicial Development Project is administered by Loyola University. For more information on the project, please contact Dr. Richard Block, Project Director, at (773) 508-3454 or rblock@edu or Katherine Cermak, Project Coordinator, at (800) 424-1242 or kcermak@luc.edu. Also, the project is seeking to train facilitators for Central and Eastern Illinois. Judges and other individuals familiar with the operations of the court are welcome to attend a half day facilitation training session this Summer. If you are interested in becoming a facilitator or learning more about this aspect of the project please contact Judge Robert Hillebrand at (618) 277-7325.
Volume 22 Spring Issue
President Tim Slavin called the meeting to order.
Those Board Members in attendance were:
John L. Bell, Philip B. Benefiel, Donald D. Bemardi, Robert W. Bertucci, Terrence J. Brady, Judith M. Brawka, Dennis J. Burke, Robert E. Byrne, Robert L. Carter, Carl J. Cipolla, Harry Clem, Rosemany Collins, Jacqueline P. Cox, Joy V. Curmingham, Ellen A. Dauber, Grace G. Dickler, Gino I. Divito, Annette A. Eckert, Lynn M. Egan, Timothy C. Evans, Michael R. Galasso, Francis A. Gembala, Daniel T. Gillespie, Richard P. Goldenhersh, James F. Henry, Thomas A. Hett, William J. Hibbler, Raymond L. Jagielski, Barbara C. Gelleran Johnson, Ann B. Jorgensen, Richard A. Kavitt, Stephen M. Kernath Patrick J. Leston, Michele F. Lowrance, Carl A. Lund, Stephen C. Mathers, Patrick E. McGann, John F. Michela, J. Patrick Morse, Stuart A. Nudelman, Stuart E. Palmer, Donald R. Parkinson, S. Louis Rathje, Ellis E. Reid, David L. Sauer, Stephen G. Sawyer, Harvey Schwartz, William G. Schwartz, John J. Scotillo, Stuart H. Shiffman, Timothy J. Slavin, Susan Snow, John O. Steele, Jane L, Smart, Mary Jane Theis, Chet W. Vahle, Kendall O. Wenzelman, and Walter Williams
Also present: Kathy MeEnroe, Executive Secretary.
Upon a motion duly made, seconded and carried, the minutes of the June 12, 1998 meeting of the Board of Directors were approved as amended.
President Slavin reviewed correspondence to the Illinois Judges Association requesting donations. The Illinois Traffic Court Conference request for $1,500 was discussed. A motion to grant the Conference $1,000 for the Conference was made, seconded and approved. President Slavin noted that the Illinois Traffic Court Conference will be asked to provide a budget for the event in future years.
A request from Prairie Net, the web site server for $1,500 was discussed. A motion to donate $1,000 was made, seconded and approved. Judge Mathers indicated that the Electronic Media Committee was favorable to the request by Prairie Net.
Justice Theis moved to allow funds to be expended to print and IJA Yearbook which will be distributed to all members. Judge Slavin is working to have the yearbook ready in early January.
Judge Kavitt delivered the Benefits and Pensions Committee report. The committee, along with the Government Affairs Committee is closely following legislation that could positively effect judge's pensions.
Judge Galasso delivered the Budget and Finance report. Copies of the year end financial reports were distributed. Judge Galasso indicated that the IJA had a strong year financially. Judge Slavin indicated that the 1999 budget would include more detailed reporting than in past years.
Judge Nudelman delivered the Community Relations report. The committee has collected information on volunteer programs
throughout the state. The committee serves as a clearinghouse of information about community programs. The committee is also involved in creating a school curriculum program with the American Judicature Society.
Judge Slavin congratulated Judge McGann and Judge Coco on the outstanding success of the Convention. The two judges received a round of applause for their great work.
Judge Slavin delivered the Court Facilities and Security report. He indicated the committee has received several requests for court facility reviews
Judge Galasso and Judge Evans delivered the Government Affairs report. They recounted their work in successfully achieving a judicial pay raise. Justice Theis thanked the committee for their outstanding work throughout the year. Judge Galasso also thanked Justice Theis for the tremendous work she did on behalf of the committee.
Justice Theis delivered the Illinois Judicial Ethics Committee report. She indicated that Justice Margaret Frossard has replaced Justice Theis as a member of that committee.
Judge Jorgensen delivered the Judicial Discipline Committee report. She gave an overview of the work of the committee throughout the year. A draft of a policy regarding how amicus brief requests are accepted or denied was distributed. A motion was made to adopt the policy as the guideline. The motion was seconded and unanimously approved.
Justice Goldenhersh delivered the Judicial Selection and Retention Committee report. The committee will be following proposals for merit retention which are expected to arise in the near future.
Judge Spears delivered the Membership report. He outlined ways in which the committee will seek to increase membership in the coming year. Judge Slavin indicated that all members of the Board of Directors have been added to the Membership committee and encouraged to help in the coming membership drive.
Judge Hibbler gave the Public Relations report. Chris Ruys Communications continues to represent the IJA very well and has succeeded in getting good publicity for the good works of the judiciary.
Judge Slavin indicated that Judge Charles Travis will become the Editor of The Gavel for the 1999 year.
Judge Shiffman and Judge Gembala plan to expand the Speakers Bureau and encourage Board members to participate.
Continued to page 13
Committees of the
Illinois Judges
Association
Associate Judge:
Thomas Sumner
Ann Einhorn
Benefits and Pensions:
Richard Kavitt
Pat Leston
Budget and Finance:
Stuart A. Nudelman
Michael Galasso
Convention:
Pat McGann
Gloria
Coco
Court Facilities & Security:
Fred Geiger
Pat
Morse
Criticism Response Team:
Stuart A. Nudelman
Phillip B. Benefiel
Electronic Media:
David Youck
Joe
Kasmierski
Government Affairs: Michael Galasso
Timothy Evans
Judicial Discipline:
Ann Jorgensen
Nancy Arnold
Judicial Selection & Retention:
Ray Jagielski
R. Goldenhersh
Liaison Committee:
Mary Jane Theis
Stephen Mathers
Membership:
James Obish Ronald Spears
Public Relations:
Steve Mathers
Pat McGann
Retired Judges:
Harvey Schwartz
Carl Lund
Speakers Bureau
Stuart Shiffman
Francis A. Gembala
The Gavel
E-Mail Directory
The Association is in the
process of compiling an
E-Mail directory of IJA Members.
Please send your E-Mail
address by Fax or Mail to:
Executive Secretary:
Kathy McEnroe
or E-Mail your address to
info@ija.org.
Supreme Court's Judicial Development Program
Processes More Than 450 Judges By Katherine Cermak
NINTH JUDICIAL CIRCUIT
COMPUTERIZATION: The six counties of the Ninth Judicial Circuit are configuring software for use throughout the judicial branch of government in each county. The software is Justice for Windows, from Choice Information Systems. Justice for Windows is a court management system for Windows which has a Criminal, Civil and Child Support program as well as a tracking and data base capability. Four of the counties presently have Sustain, a DOS software product from the 1980's and they are upgrading to the Justice Edition. The other two counties have purchased the Justice Edition and will be using it to replace outdated automation systems. After completion, a complete package will be provided to each county for their use. Each judge in the circuit will have access to the software, both locally and by remote connection.
COMMUNITY SERVICE: The Ninth Judicial Circuit is addressing community service issues on two different fronts. There has been a problem with lack of personnel to supervise community service ordered by judges. Through the efforts of the Ninth Judicial Circuit Director of Court Services Thomas L, Powell and Chief Adult Probation Officer John Michael Condon, the department has qualified for and procured a grant to fund a position to assist in supervision of community service circuit-wide,
In a related project in Knox County, with the cooperation of Attorney Steven Watts and the Green Thumb Project, an effort is being made to provide locations for community service for minors convicted of ordinance violations. The Green Thumb project is a community based group which primarily utilizes senior citizens to monitor community service workers.
Real Time:
Court reporters and judges in the Ninth Judicial Circuit are expanding use of real time court reporting technology. Using Case Views software, several of the court reporters are able to provide additional services to the judiciary during trials. With this software, the judge has the advantage of an instant transcript on screen as testimony is taken. The program almost immediately translates the spoken word into the written word on the screen and transmits it to a monitor for use by the judge or any other interested party. The judge can annotate and highlight portions of the testimony as it appears and may also quickly review and search any prior testimony. The process permits the judge to concentrate more on the observation of witnesses.
FAMILY VIOLENCE ADVISORY COUNCIL: The Ninth Judicial Circuit Family Violence Advisory Council is chaired by Associate Judge Gregory McClintlock. The Helping Services Committee recently presented a seminar and panel discussion on family violence issues, with a panel which included Judge McClintlock and Judge Stephen G. Evans, as well as attorneys, police officers, and others in the field. The presentation, taking place in Warren County, was well attended.
The Gavel
The Editors Corner
Judge Charles M. Travis
Contact Editor at :
2121 Euclid Ave., Rolling Meadows, Il. 60008
847-818-2508FAX 847-818-2766
judgetravis@msn.com
The GAVEL
Illinois Judges Association
321 South Plymouth Court
Chicago, Illinois 60604
NON-PROFIT ORG.
U.S. POSTAGE
PAID
CHICAGO, ILLINOIS
PERMIT # 4522
Riding the Circuits By Susan Tungate and John Tourtelot
Minutes of the IJA Board - December 1998
Spring 1999
| Legislative Update | 2 |
| Minutes of the Board | 3 |
| Deferred Compensation | 6 |
| News from JIB | 7 |
| HIPAA | 8 |
| Com Review. Capital Cases | 9 |
| Electronic Judge | 13 |
Inside this issue:
PRESIDING JUDGE SHUFFLE IN COOK
CHIEF JUDGE DONALD P. O'CONNELL recently announced the following appointments of Presiding Judges in the Circuit Court of Cook County:
NUDELMAN IN AT THE 2d DISTRICT
Judge STUART A. NUDELMAN, the former presiding Judge of the 4th Municipal District was named Presiding Judge of the 2d Municipal District in Skokie. NUDELMAN is currently the Treasurer of the IJA. NUDLEMAN first went on the bench as an Associate Judge in 1985.
KARNESIS IN AT THE 4TH DISTRICT.
Judge THEMIS KARNESIS was named Presiding Judge of the 4th District, Maywood, to fill the vacancy of Judge Nudelman. KARNESIS was first appointed an Associate Judge in 1982 and was later elected Circuit Judge in 1990. He was serving as a circuit judge in the 4th District at the time of his appointment.
URSO IN AT THE 3d DISTRICT.
Judge JOSEPH J. URSO was named Presiding Judge of the 3d Municipal District to fill the vacancy left by MARGARET STANTON McBRIDE, who was elected to the First District Appellate Court. URSO previously served as Supervising Judge in the Criminal Division of Cook County at 26th and California Avenue.
COX IN AT THE FIRST MUNICIPAL DISTRICT
Judge JACQUELINE COX was recently selected by Chief Judge O'Connell to Preside over the First Municipal District to replace the recently EARL STRAYHORN.. Judge Cox graduated from the Boston University School of Law in 1974. She was first appointed an Associate Judge in 1988 and was later elected Circuit Judge in 1994.
Judge ROBERT BASTONE was appointed Supervising Judge of the First Municipal District filling the vacancy created by the death of Judge BRENT CARLSON.
JAMES R. EPSTIEN was recently appointed by the Illinois Supreme Court to fill the vacancy created by the tragic and untimely death of his wife, Circuit Judge JOAN M. CORBOY Supervising Judge of the Criminal Division, Second Municipal District. Judge Epstein graduated from Northwestern University School of Law in 1978 and has been assigned to the Second Municipal District, Cook County, Skokie.
Illinois Supreme Court appointed Assistant States Attorney RICHARD A. STEVENS to fill the Circuit Court vacancy created by Judge KENNETH L. GILLIS' resignation. Judge GILLIS left the bench in January 1999.
News About Judges
The GAVEL
A publication of the Illinois Judges Association is published quarterly.
Editor
Charles M. Travis
Editorial Board
Tom Dunn
Kathleen B. Elliott
William Madden
Stuart A. Nudelman
Ronald Spears
John Tourtelot
Susan Trungate
Bonnie Wheaton
David Youck
Kathy McEnroe, Exec. Secy.
Editorial Advisor:
Steven Levy, Esq.
Editorial Assistant
Susan Sadlier, Esq.
President's Message
Hon. Tim Slavin
"The project seeks to foster
self-improvement by informing judges as to how attorneys and court staff perceive them."
HIPAA - Health Insurance Portability &
Accountability Act. By Rudy Kink, Pension Plan Manager.
On March 8, 1999 the Illinois Supreme Court issued an Order, In re, Special Supreme Court Committee on Capital Cases. Its premise is to study the trial and sentencing processes in capital cases in Illinois, including the respective functions of the prosecution, defense counsel and the judiciary.
In its announcement, the Supreme Court stated that it wanted a committee in place to assimilate ideas which it expects to be forthcoming when the General Assembly establishes its sub-committee and the Illinois Attorney General establishes a similar group to study the problem.
The Court ordered the Committee to report on its findings and recommendations at its earliest opportunity. Following its initial report, the Committee shall continue to meet periodically until discharged by the Court.
The Committee will be Chaired by Judge Thomas R. Fitzgerald. Other members of the Committee are: Hon.Thomas Callum; Hon. Philip L. DiMarzio; Hon. Williams Cousins, Jr.; Hon. Thomas A. Hett; Hon. John R. DeLaMar; Hon. Themis N. Karnezis; Hon. Christopher C. Starck; Hon. Fred G. Suria, Jr.; Hon. William A. Kelly; Hon. Charles V. Romani, Jr.; Hon. Robert L. Welch; Hon. A. Andreas Matoesian; Hon. Joseph J. Urso; and Hon. Daniel M. Locallo.
In his concurrent opinion, Chief Justice Charles E. Freeman, joined in by Justice Benjamin Miller, expressed what they believed the proper scope of the inquiry to be undertaken by the Committee. The purpose and objective of the Committee, according to Justice Freeman is to provide a forum for debate which will, hopefully result in meritorious suggestions for improvement of the trial process in capital cases.
JUSTICE HEIPLE, dissenting, questions the purpose this committee serves. He argues that the purpose in establishing the committee is to show that the Supreme Court is doing something regarding media induced concerns about the death penalty; that the creation of this committee is a public relations gesture pure and simple. Justice Heiple goes on to argue that, "Perfect justice, admittedly, can never be achieved in capital cases or any other area of the law." He cites, People v. Smith, 185 Ill. 2d 532 (1999), which he authored, which outright reversed both the conviction and death sentence of the defendant because the evidence failed to meet the requisite standard of guilt beyond a reasonable doubt. He states further, "significantly, the fact that a death penalty conviction may be reversed on appeal is not an indication that the system has failed. It is, rather, an indication that the system works. Finally, Justice Heiple argues, "whether or not one believes in the death penalty is a matter of moral and personal conviction. That proposition is wholly outside the purview of either the Supreme Court acting in its official capacity or this committee."
This Order from the Illinois Supreme Court can be viewed in its entirety on the IJA website.
ILLINOIS SUPREME COURT
ESTABLISHES
COMMITTEE TO REVIEW CAPITAL CASES
Illinois Judicial Conference
Judicial Education in Illinois
1999 Regional Seminar Series
Date TBA
The Persistent Drunk Driver:
Sentencing Strategies
Location TBA
April 22-23
Family Law
Lisle/Naperville Hilton, Lisle
May 6-7
Life as a Judicial Officer in the 21st Century
Starved Rock Lodge, Utica
May 13-14
Strict Liability in Tort
The Drake, Oak Brook
May 20
Domestic Violence
Springfield Hilton, Springfield
June 3-4
Managing Judicial Stress
Lisle/Naperville Hilton, Lisle
June10
Attorney Fees
Holiday Inn, Urbana
Editors Note: What appears to be the result of the policy of the Supreme Court on Judicial Education of at least 15 hours annually, these courses have, in most cases, been filled with waiting room only. You are suggested to make arrangements early if you want to attend any of these sessions.
The Health Insurance Portability and Accountability Act (HIPAA) impacts the administration of the State Group Insurance plans in the following ways.
Medical Underwriting (Health Certificates) For health coverage with effective dates of July 1, 1997 or after, no medical underwriting (health certificates) will be required. This means that during the benefit choice period, any requests for additional dependent coverage that has an effective date of July 1 or after, will NOT require the submission of a health certificate. HIPAA regulations apply to health coverage only. Health certificates are still required to add optional member life, spouse life or child life coverage.
Creditable Coverage. One of the provisions of HIPAA is that employees must be given credit for the amount of time covered under other health plans-both group and individual policies-if there has not been a break in coverage for 63 days. This credit time is applied toward any pre-existing condition period which a plan normally imposes for new members and dependents. For example, if a plan has a six month pre-existing condition provision, and a person had coverage under another health plan for four months, the new plan would have to reduce the pre-existing period from six months to two months (six month provision minus the four months of creditable coverage under the other plan).
The State calculates creditable coverage this way: If an employee has coverage during any days of the month, that month counts as a full month of creditable coverage.
There are now five periods in which members may add or drop a dependent:
1. Within 10 days of employment;
2. During the benefit choice period;
3. Special enrollment period; (i.e., a dependent or spouse loses "other" health insurance coverage, when a member acquires a dependent through marriage, birth, adoption or placement for adoption);
4. Qualifying change in family status;
5. Other special circumstances.
Although the law allows employers to be very specific about coverage being "creditable," the State will accept any health coverage as creditable coverage to reduce pre-existing condition time provisions. Examples are other employee group coverage such as the Cook County Medical Plan, dependent employment coverage, Medicare, medicaid and individual health coverage. Remember, your break in coverage must not exceed 63 days. This change is especially important for those Cook County judges who insure their dependents under the Cook County group insurance and not through the State of Illinois group insurance.
Any nitwit can understand computers. Many do." -
Ted Nelson.
"Many don't." - Bill Madden
1999 Legislative Update
By Tom Dunn
Senate Bill 1020 Passes Senate
Currently, a judge who retires prior to age 60 with less than 28 years of service receives an annuity that is reduced by ½ % for each month the judges age is under 60. SB 1020 lowers this reduction by adding 5/12% of 1% for each month of service in the Judicial Retirement System in excess of 20 years of service. In effect, a participant with at least 26 years of service in Judicial Retirement System would be able to retire at age 55 without a reduction in the annuity.
Additionally, at present, judges who have attained age 60 and become eligible to receive the maximum retirement annuity may elect to discount contributing to Judicial Retirement System. Doing so precludes the use of any subsequent salary increases in determining a base salary from which the pension is calculated. SB 1020 also contains a provision which would allow a judge who is over age 60 with 20 years of service to take advantage of only COLA increases by electing to contribute 11% of each years COLA increase.
Illinois Judges Association recommends that individual judges contact their state legislators and encourage them to vote YES on this bill. Enough said.
Most judges contribute a substantial portion of their gross income to the Judges Retirement System. The amount contributed to that system is excluded from the calculation of the judge's current taxable income and is not subject to current state or federal income taxes. Upon retiring, most judges will receive a comfortable retirement annuity, but many may, during their active years, seek additional ways to shelter current income from state and federal income taxes and to provide an additional source of retirement income. There is available to judges and to all other state employees yet another tax-deferred retirement investment program which allows yet another structured method of sheltering some additional current income from current federal income taxes and sheltering that income forever from Illinois state income taxes.
The State of Illinois Employees' Deferred Compensation Plan is a supplemental retirement plan open to all full-time state employees. The employee can defer up to $8,000 or 25% of taxable gross income (whichever is less) each tax year. The deferrals, together with any earnings, accumulate tax-deferred until the employee terminates service, dies or incurs unforeseeable financial hardship. Once distributions begin, the distributed monies are fully taxable as ordinary income for federal tax purposes. However, (just like the retirement annuity) the funds are never taxed by the State of Illinois.
In their article, "Illinois Judicial Benefits," which appears as Chapter 14 of the Illinois Judges Association's Judge's Manual, Judges Terrence J. Brady and Richard A. Kavitt discuss the factors a judge might consider when trying to decide whether to join the Deferred Compensation program.
"As a general example, if Judge A expects to enter private practice at a significant salary after retirement, he [or she] might not participate in deferred compensation; however, if Judge B has sizeable investment income during his [or her] active working years and upon retirement expects to liquidate his [or her] investments and receive only his [or her] retirement income, he [or she] might choose to participate in deferred compensation." Note, however, that upon leaving office, a judge may choose to delay any disbursement from the Deferred Compensation account until he or she reaches age 70 1/2 (but no longer than that). So if a judge retires at age 60 with plans to work at "a handsome salary" only until he or she reaches 70 1/2, the judge may nevertheless wish to consider contributing to a Deferred Compensation account during his or her active years on the bench.
Catch-up: If you didn't join the Deferred Compensation program when you were first eligible, or if you did not contribute the full amount you were entitled to contribute, you may qualify for the catch-up provision. Catch-up allows you to defer up to $15,000 a year for each of the three years preceding the year you are eligible to retire with full pension benefits. Generally, this is at age 60 with 20 or more years of credit in the Judges Retirement System. You can obtain details about catch-up from the Deferred Compensation Office.
Hardship withdrawals. Normally, the money put into your deferred compensation account cannot be touched until you retire or move to a job outside state government. However, there is a hardship withdrawal provision for unforeseeable emergencies or loss of income. An unforeseeable emergency is defined, accordingly, as a circumstance for which you could not have logically planned or budgeted and over which the participant did not have significant control or did not fail to exercise prudent judgment. Examples of hardships that are not acceptable include: auto or mortgage payments and repairs, down payments on a house, college tuition, major appliance repairs, credit card debt, and taxes. Examples of hardships that may be approved include high medical costs not covered by insurance, a disabling injury, or property damages from a natural catastrophe. Those applying for hardship are automatically revoked from participation; those granted a hardship are mandatorily revoked from participation for a year.
Whether retiring, moving to a job outside state government pursuing family or educational goals, you must eventually decide how you want your deferred compensation account distributed. You may download a distribution booklet or a form from the Deferred Compensation website: http://www.state.il.us/cms/employee/defcom/default.htm The Participant Distribution Method Form is also available at that site. You may also obtain copies of these documents by calling (1-800/442-1300, TDD 1-217/785-3979) or writing the Deferred Compensation Plan administrator.
The Deferred Compensation Plan is administered by the Department of Central Management Services. All assets of the plan are held in custodial accounts for the exclusive benefit of the employees that participate. This simply means the State cannot seize, borrow, or use the assets, nor are they subject to the creditors of the State of Illinois.
Over time the market has risen significantly indicating that stock mutual funds may remain one of the best investments for long-term retirement savings. It is, however, incumbent on each investor to determine the investment strategy that works best for his or her
Continued on the next page
Speak Up for the IJA
The IJA speakers' bureau is anxious to expand its roster of judges willing to speak to community organizations. An important method of improving the image of the judiciary is by sending representatives into our communities so that citizens may hear about the operation of the judicial system from those of us who know best how the courts work.
If you are interested and willing to speak in your community, please contact Stuart Shiffman at the Sangamon County Courthouse, 200 South Ninth, Room 524, Springfield, IL 62701. You may call him at 217/753-6736 or send him electronic mail at Shiffman@springnet1.com.
Says Judge Shiffman: "I know that many of our judges speak without request from the Speakers' Bureau. If you have been speaking locally, I would appreciate hearing from you about your topics and the community response. In this way I can suggest possible topics to other judges. I look forward to hearing from you."
Supreme Court Reconvenes
Legislative Panel
By Charles M. Travis
The Supreme Court has reconvened a legislative panel to identify legislative proposals that may adversely effect the judiciary. The Committee was originally formed in 1987 as a subcommittee of the Executive Committee of the Illinois Judicial Conference but has been inactive for several years.
The Legislative Committee is comprised of 14 judges from around the State, some of whom have experience as former legislators. Included as members of the panel are: Judge John Countryman, Judge Tom Dunn; Judge Lee Preston; Judge Anthony Young; Justice Alan Greiman, Judge Albert Green; Judge Wendell Durr; Justice Michael Galasso; Justice William Holdridge; Judge Stephen Schiller; Judge Roger Scriver; Judge John Shonkwiler; Judge Robert Welch and Judge Daniel Lynch.
As reported in the Chicago Daily Law Bulletin, the objective of the Panel is to monitor legislation which is proposed in the Illinois Legislature, much of which effects the judiciary according to Supreme Court Justice Ben Miller. Legislation that requires appropriate dialogue could be timely addressed by the Court and the concerns communicated to the legislature prior to its passage. "We are allowed to speak out on issues of administration of justice according to the canons of ethics" says Justice Alan Greiman. The revitalization of the Committee is not connected to any legislative event that is currently pending, according to Justice Ben Miller.
HIBBLER TO TAKE THE FEDERAL BENCH.
After almost a year of waiting through the process of confirmation,, the waiting is now over and WILLIAM HIBBLER be one of the newest federal district judges in the Northern District of Illinois. Judge Hibbler, a member of the IJA for many years and currently serving as First Vice-President was nominated by President Clinton on the recommendation of Senators Mosley-Braun and Durbin. Judge Hibbler is currently serving as the Presiding Judge of the Juvenile Justice Division of the Juvenile Court in Cook County. Judge Hibbler, who has served as an Associate Judge in Cook County for 12 years was praised for his work in the Juvenile Division by Chief Judge O'Connell.
NICKELS RETIRES FROM THE SUPREME COURT
Amid rumors for some time, Justice JOHN L. NICKELS made it official at the conclusion of his speech at the Midyear meeting of the Illinois Bar Association. Nickels was admitted to the Illinois bar in 1961. Prior to becoming a judge he was engaged in the private practice of law in Elburn. Justice Nickels served as a judge of the 16th judicial circuit from 1982 through 1990 when he was elected to the Appellate Court for the Second District. He was elected to the Illinois Supreme Court in 1992.
S.LOUIS RATHJE TO FILL NICKEL'S TERM
S. LOUIS RATHJE was appointed by the Illinois Supreme Court to complete the term of retiring Justice John Nickels. Rathje was admitted to the Illinois Bar in 1964; he was engaged in the private practice of law in Wheaton until joining the bench in the 18th Judicial Circuit. Rathje was elected to the Appellate Court , 2d District in 1994. Justice Rathje serves on the Board of Directors of the IJA.
GALASSO TO FILL RATHJE VACANCY
The Illinois Supreme Court assigned Judge Michael Galasso, Chief Judge of the 18th Judicial Circuit to fill the vacancy of Justice Rathje on the 2d District Appellate Court. Galasso, the current Secretary of the IJA assumed his duties in February.
CALLUM ELECTED TO REPLACE GALASSO AS CHIEF JUDGE OF THE 18TH CIRCUIT
THOMAS E. CALUM was elected by the Circuit Judges in DuPage County to serve as Chief Judge for the 18th Judicial Circuit. Calum, first appointed an Associate Judge in 1986, was then appointed by the Supreme Court to Circuit Judge in 1994 and was then elected Circuit Judge in 1996. Calum served as assistant states attorney in both Cook and DuPage Counties.
TWENTY-FIRST CIRCUIT
The 21st Judicial Circuit (Iroquois and Kankakee Counties) has undergone major changes in both structure and judicial personnel. Six new Circuit Judges and three new Associates Judges have been elected or appointed since January 1993. One new courtroom has been added in Iroquois and one new Judge's chamber was created in Kankakee. During this transition, which built on the past experiences of more seasoned Judges, a Drug Court, Domestic Violence Court, Abuser Program, Driver Improvement Course, Abolish Chronic Truancy Program, Video, Arraignment, Parenting Classes and Mediation were initiated in Kankakee. Plans to begin a Domestic Violence Court in Iroquois County, a less populated area, are set for August 1999. Kankakee is currently studying the feasibility of starting a Juvenile Drug Court, "Victims' Impact Panel" and a form of Consolidated Family Court. The success of these achievements has and will continue to rely upon the judiciary, court support personnel, the State's Attorney's office, law enforcement, probation department, service agencies and the general public. This cooperation among the various groups and offices was highlighted with the formation of the 21st Judicial Circuit Family Violence Coordinating Council in the summer of 1997. Relying on the valuable help of the Court Administrator's Office, the Council is growing into a cohesive, efficient group working together to provide services that benefit the community as well as the judicial system.
GOULD MAKES IT 25 YEARS. February 1, 1999 wasn't just another day for 21st Circuit Court Judge Daniel Gould. The day marked 25 years of service as a member of the judiciary. The noted runner and mass collector of normal sized trophies, received a multicolored, four column tacky, yet tasteless trophy topped with silver glitter, a gavel and stars from his peers. Larger than the Oscar, smaller than the Stanley Cup, the two and one-half foot trophy commemorated "25 Years of Exceptional Bench Warming." The local newspaper, the Kankakee Daily Journal, placed his picture on the front page holding his monumental award bearing the heading "Sitting Judge Honored".
FOURTH CIRCUIT
Judge David Slater was selected for the 1999 Pana Jaycee Distinguished Service Award. He was recognized for his work with the Pana Sports Boosters and his participation in building the all-weather track and new baseball complex at the Pana High School. Slater, a Pana native, has been involved in numerous civic activities over the years. His father, Bill Slater, is a retired Chief Judge of the Fourth Judicial Circuit.
Judge Michael Weber was recently elected as Chief Judge of the Fourth Judicial Circuit for the seventh consecutive time. Judge Weber has been Chairperson of the Conference of Chief Judges since 1998.
E-mail - its fast, cheap, convenient and (sometimes)
FREE OF CHARGE
Ron Spears'
Top 10 Reasons to Join the Illinois Judges Association
10. You can participate in the Annual Run for Justice and get a nice T Shirt.
9. You will receive your very own Judge's Manual, including marriage ceremony and contempt guide.
8. You can attend the Annual IJA Conference and network with Judges from throughout the state.
7. You will be informed of the latest Ethics Opinions concerning Illinois Judges.
6. You will be updated on important proposals and changes in the laws that impact Illinois Judges.
5. You will be part of an Association that was a leader in protecting judicial pensions from a federal law that could have imposed severe taxes and penalties.
4. You will be part of an Association that works for fair compensation and benefits for Illinois Judges and to prevent erosion of salaries by inflation. (A one year pay increase has covered a career's worth of IJA dues!)
3. You will have an opportunity to serve your profession as you work on committees and as an officer of IJA.
2. You will be a part of an Association that actively seeks to improve the public understanding of the role of judges and instills public confidence in our legal system.
1. You will be a part of the only Association dedicated to serving the needs of Illinois Judges.
Please share the importance of IJA membership with all the judges with whom you work. Membership information can be obtained on our IJA website at http://ija.org or by calling Kathy McEnroe at 888-431-1283 or 312-431-1283. Send any ideas you have for membership recruitment or retention to Judges Spears, Obbish, Coleman or Mathein. Together we can make a difference!
What are your Top 10 Reasons for continuing to belong to IJA or recruiting new members to join with us?
Feedback from assessed judge, facilitators, and respondents suggest that participants at all levels are satisfied with the project.
Do You Understand
Deferred Compensation? Compiled and edited by William M. Madden
As we go to press on this our second [Spring] issue of 1999, I am happy to report that we have several additions to the Editorial Board. Included are Judge Bonnie Wheaton, who serves as the co-editor of the DuPage County Bar Association magazine, the "BRIEF" and her co-editor, Steve Levy, an attorney who practices in the northwest suburbs. Also included is Kathy McEnroe, our Executive Secretary and Susan Sadlier, a staff attorney at the 3rd district. Susan. Sadlier has experience in the newspaper business and I am especially grateful to her for the time she has given to review and proof the GAVEL prior to publication.
I hope that you find that the material included in this issue is of interest to you. Tell us what other articles or information you would like to have included. Remember, this is your publication and we appreciate your input in the form of articles and information about judges in the circuits from around the state.
Future editions of the GAVEL will include articles and other literary works authored by Illinois Judges .
A method of sheltering income additional current income from current federal income taxes and sheltering that income forever from Illinois State income taxes.
The IJA WebPage*url:http//ija.org
The IJA Web Site - has all of this
and more:
§ The latest appellate & supreme court decisions
§ Complete information about the IJA
§ Search engines
§ Law Links
§ Public Information
§ Judge's Retirement
§ 1999 IJA Yearbook
§ Court Boundaries
§ Judges Seminars
§ Internet Resources
§ Judge's Specialty Areas
§ Judge's Insurance and Investing
§ "The GAVEL" , the IJA Newsletter
§ Online Member Applications
§ Travel Information for Judges
§ Investments
The IJA Web page is available 24 hours a day 7 days a week
52 weeks of the year
A Publication of the Illinois Judges Association
David A Youck, Chairman [dayouck@prairienet.org]
It has all the information you need and a whole lot more. Have you tried the internet ?
If not, your missing out on a whole lot of goodies.
DID YOU
Remember
To
Send in
Your
1999
Dues?
Pssst!!!!!
News from the
Judicial Inquiry Board
By Charles M. Travis
In a recent interview with the "GAVEL", Sandra Otaka, Chairwoman of the Judicial Inquiry Board gave an update of the current activities of the Board. The most significant issue affecting the Judicial Inquiry Board is the Constitutional Amendment affecting the Courts Commission. The point I would make, said Otaka, "is that until the issue is resolved the JIB is not proceeding on cases before the Courts Commission." Based on the language contained in the constitutional amendment, the Governor is required to appoint two lay persons to the Courts Commission. In addition, the Courts Commission is required to propose rules that it will follow. There is a proposed set of rules, but their implementation will take some time because the process requires a 30 day public comment period which has not commenced. Until the public comment period has concluded, the JIB is not referring any cases. In other words the JIB has stayed all pending cases. At the present time there are three cases pending before the Courts Commission.
While the process of implementation of the Rules for the Courts Commission proceeds, the JIB is still engaged in the continuing process of receiving and investigating complaints brought against Illinois Judges.
According to Chairwoman Otaka, the JIB expects to receive about 400 complaints this fiscal year ending June 30th 1999. That number is up from the 150 complaints which it received when she began with the Board in 1992 but which number has remained rather constant in the past couple of years.
Ms. Otaka added that most complaints are closed without referral and most judges are unaware that a complaint has been lodged against them - in fact most matters are more properly disposed of by the judicial appeals process. The Judicial Inquiry Board serves as much to insulate judges from baseless claims as to investigate legitimate complaints.
Editors Note: For complete information on the workings of the Illinois Judicial Inquiry Board and the Illinois Courts Commission visit the IJA Website at: www.ija.org.
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Illinois Supreme Court's
Comprehensive Judicial Education Plan
By now most Illinois Judges should have received a guidebook and Memorandum from the Administrative Office of the Illinois Courts setting forth the Comprehensive Judicial Education Plan for Illinois Judges. The Plan, endorsed by the Illinois Supreme Court, details judicial education programs, policies and procedures in a 16 page manual containing the names of schools and the calendar of programs offered for the year.
In his forward to the plan, Chief Justice Charles E. Freeman issued the formal statement of the Supreme Court encouraging each Illinois Judge to avail himself/herself at least 15 hours of judicial education annually.
Chief Justice Freeman highlighted several aspects of the Plan, as follows:
First, that Judicial Conference seminars remain the keystone of judicial education in Illinois;
Second, that the Plan re-establishes the large conference format, that while focused on education, addresses the need for judges from around the state to come together; and
Finally, that the Plan sets out an ambitious agenda for future growth and development.
STATEMENT OF PURPOSE - It is the obligation of judicial office that each judge work to attain, maintain and advance judicial competency. Canon 3 of the Code of Judicial Conduct states that a judge "should be faithful to the law and maintain professional competence in it" and "maintain professional competence in judicial administration". Judicial education is the primary means of achieving judicial competency
EDITOR'S NOTE: The booklet sent to each judge contains, amongst other things, a list of all of the approved schools with the courses, dates , and locations.
DEFERRED COMPENSATION - Continued from previous page
needs. Stock market cycles are impossible to accurately predict. You should always be aware that past performance is no guarantee of future results. Even if a fund has earned consistently high returns in the past, it is impossible to predict what will happen in the markets tomorrow, next month or a year from now. A favorable performance record can be an indication of a successful investment strategy, but it shouldn't be the sole factor used when deciding to invest in a mutual fund (or any other investment). It is important to focus on whether the fund you choose is an appropriate fit for your risk tolerance and investment goals.
The optimum path for retirement investing is to select an investment strategy and maintain it. That is, diversify along the risk spectrum according to your risk profile, invest regularly and make changes only when financial circumstances warrant or in preparation for retirement. This concept has consistently been advocated by the Deferred Compensation administrator. A strategy of dollar cost averaging and buy and hold has proved very difficult to beat. "Dollar cost averaging" is simply a way of describing regular and steady investments (a certain amount paid in each pay period) to avoid buying only when share prices are high. As the price of a mutual fund share fluctuates, you are purchasing mutual fund shares at different price intervals throughout the year which helps average the cost of those shares.
Speakers Bureau
Expiration Date:
February 31, 1999
If you're willing to make a public
appearance and presentation
Participation
FREE
to Members
Contact Judges Stuart Shiffman or Frank Gembala
Tel: (217)753-6357 or (312) 603-3031
Volume 22 Spring Issue
Volume 22 Spring Issue
Volume 22 Spring Issue
Volume 22 Spring Issue
Volume 22 Spring Issue
The Gavel
The Gavel
The Gavel
The Gavel
Page 2
The Electronic Judge
Inclusion of the Illinois Compiled Statutes (ILCS) at http://www.legis.state.il.us/ilcs/chapterlist.html by the Illinois General Assembly (http://www.legis.state.il.us/) a few weeks ago is a giant leap forward in bringing Illinois laws to the citizens of our state for **FREE**!
The site has information about all Illinois Legislative Services, including Senate Schedules, House Schedules, Illinois Compiled Statutes, Illinois Constitution, Public Acts, Legislation, Illinois Legislators, and Legislative Support Services.
Just plug in a favorite phrase into the search box at http://www.legis.state.il.us/ilcs/search1.html and sit back to get all the state statutes containing those words in your search request!
For those judges with many Spanish-speaking parties before them, try visiting http://babelfish.altavista.com/cgi-bin/translate? for Two-Way Translation between English and French, German, Italian, Spanish or Portuguese. Try translating some of your common court forms. Just type in the word, phrase or sentence. Instant results! **FREE**
Don't forget to sign up for **FREE** email notification of Illinois Supreme and Appellate Court cases the day they come out (http://www.prairienet.org/fordiroq/law/email.htm). Kankakee attorney Adrienne Albrecht writes excellent and concise summaries of all the appellate case opinions (http://www.prairienet.org/fordiroq/law/appsumms.htm). **FREE**
Free Offer
E-Mail Directory in the Works
The Association would like to compile as complete an e-mail directory as possible, "both to assess the potential efficiency of organizational communication via the Internet and to build our technological network," according to First Vice President Timothy J. Slavin.
Please fill in the form below and mail, fax, or e-mail the information to Kathy McEnroe, IJA, 321 South Plymouth Court, Chicago, IL 60604, fax 312/554-2054, e-mail info@ija.org.
Judge's Name: _____________________________________
County: __________________________________________
Circuit: ___________________________________________
E-mail Address: ____________________________________
TRIBUTE TO HAROLD SULLIVAN
Continued from Page 1
Judge Sullivan said he hopes to be a business consultant for the Gamaliel Organization with which he has been affiliated for twenty years. The organization trains community organizers.
Sullivan, who turned 73 on April 27 is a 1952 graduate of DePaul College of Law. In 1960 he became a judge for the City of Skokie.
News About Judges
Continued from page 11
Shelvin Hall to 1st District
Appellate Court - 4th Division
The Supreme Court Assigned Cook County Circuit Court Judge SHEVLIN HALL to the fill the vacancy created by the death of Justice DANIEL McMAMARA. Hall was appointed to the Circuit Court in 1991 and served in the Domestic Relations Division. She was elected to a 6 year term in 1994.
Important IJA Meeting Dates
May 21
Task Force Meeting at Headquarters
June 4
Committee Reports for Board of Directors Due
July 9
Executive Committee Meeting
Mid-year Meeting of Board of Directors
September 10
Nominating Committee at HQ
September 17
Task Force Meeting at HQ
November 5
Executive Committee Meeting at HQ
November 19
Executive Committee Meeting at HQ
December 9 thru 11
Annual Meeting and Convention Commences
December 11
Annual Meeting of Membership
Annual Meeting of BOD
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Get a judge to join IJA
BOARD MINUTES
Continued from page 3
Judge Schwartz delivered the Retired Judges Committee report. The committee will continue to study Senior Status for retired judges.
Justice Theis discussed the plan to create an IJA scholarship. More information will be needed to successfully creme the fund and means to create it.
Judge Slavin indicated that several new committees have been created: the Criticism Response Team, to respond to unjust criticism of the judiciary; the By-Laws Committee, to study the By-laws and make any suggestions for changes to the By-Laws; the Liaison Committee, to keep a current a directory of organizations whose missions dovetail with the IJA's mission; and the Mission Statement committee, to develop and review the Mission Statement of the Association. A motion was made, seconded and passed unanimously to create these new committees
There being no other business the meeting was adjourned.
"the Supreme Court
wanted a
committee in place to assimilate ideas"
Executive Secretary
Kathy McEnroe
321 Plymouth Court
Chicago, Il. 60604
312/431-1283
888/431-1283