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Google is missing in the photo with Chinese president Xi Jinping
Chinese president Xi Jinping has started his formal visit to US on 22nd September. The first stop is Seattle where Microsoft and Amazon headquarters are located. On 23rd September (Wednesday), Xi Jinping attended a forum named "The 8th US-China Internet Industry Forum" in Seattle. On this forum, president Xi expressed the attitude of Chinese government to Internet. He advocated to build an peaceful, secure, open and collaborative Internet environment so that every country can benefit from ...
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- In the ABC Online series Producer's Pick, we step inside the kitchen of local growers while they prepare a dish using their own produce....Monday 13 May 2013
- From today, the Australian Pesticides and Veterinary Medicines Authority has issued new restrictions on the use of the pesticide fenthion, commonly used to control fruit flies....Thursday 1 November 2012
- More than 500 tonnes of guavas are rotting on northern NSW farms...Thursday 21 June 2012
- Demand is increasing for north coast custard apples...Monday 20 February 2012
- Rising waters in northern New South Wales and the mid north coast have isolated towns in low lying areas....Wednesday 25 January 2012
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Latest Fruits stories on ABC North Coast NSW
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- Sunday 18 December 2016
- An eleventh hour deal between the Government and Greens has brought an end to the stalemate over the backpacker tax....Thursday 1 December 2016
- Another Coles and Woolworths supplier has been accused of exploiting illegal migrant workers. The National Union of Workers has raided vegetable grower A and G Lamattina and Sons on Victoria's Mornington Peninsula. Pressure is building on supermarkets to lead the way in ensuring workers ...Wednesday 16 November 2016
- Before yesterday's storms tore through South Australia, farmers were celebrating bumper crops....Friday 30 September 2016
- Independent Senator Nick Xenophon says hundreds of tonnes of fruit will be left rotting on the ground because there won't be enough people to pick it....Tuesday 20 September 2016
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- One Lismore business, Miss Lizzies, has re-opened after the devastating flood
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- Have you got flood insurance? Insurance industry calls for flood mitigation measures


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Everything is 100% natural • Free samples with all orders • Certified organic, vegan & gluten-free products available • 30-day money back guarantee
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The Clarifying Spot Solution is specially formulated to target the appearance of breakouts on the skin. This formula is both powerful and gentle, working to remove buildup and impurities on the skin's surface without irritating or drying the skin. Problem areas are targeted with a unique blend of natural copper, zinc, and magnesium with essential oils and concentrated herbal extracts that work to mask the appearance of redness and blemishes.
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Is there food available at this attraction?
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The Barona Golf Club is my favorite golf course in San Diego County. I play 75-100 rounds a year and a lot of these are in San Diego County. The course is well maintained...
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The Barona Golf Club is my favorite golf course in San Diego County. I play 75-100 rounds a year and a lot of these are in San Diego County. The course is well maintained, difficult, imaginative layout, and typically stays on pace. The people who work there are nice and helpful. The food is better than most golf courses. I...
We spent 4 days playing here during a heat wave . Temperatures were in the 96 to 106 range during the days, although the early mornings were nice and cool. The course itself was a test from the back tees. Longer hitters who can carry drives 260 yards plus and who have a good sand game would do well here....
This was a pleasant round on a course that was not too difficult and a bit military, up and down!! Not sure how it gets its reputation? Everyone was very welcoming, staff were great but this is not a great test of golf, the best defence of the course is bunkers, really boring, we have played much more challenging and...
A terrific hotel, casino, and golf course. Lots of friendly, knowledgeable, helpful staff in all areas. Good food and reasonable prices. The golf course snack bar has great breakfast sandwiches. Hotel rooms area larger than normal, well appointed, and thoroughly cleaned daily. Casino is alive and friendly. Much better atmosphere than present day Las Vegas. Beautiful grounds also have an...
If traveling to San Diego and you have enough time for a round of golf travel east to Barona Creek. Tee times are almost always available and this course is one of the most impeccably kept in all of the San Diego county. Views of the mountains and small wondering creek surround you. But the greens are sneaky with false...
This is the place to go if you want to be treated like a queen/king. From the moment you drive up the driveway to their beautiful hotel EVERYONE IS FRIENDLY AND EAGER TO HAVE YOU HAVE THE BEST TIME POSSIBLE. Our room overlooked the golf course. It was quiet, comfortable and clean. The food, no matter where you ate, and...
An outstanding golf facility. All the courtesy one would expect from Southern Californians. Club house well stocked. Snack bar adjacent very accommodating to my vegetarian whim - awesome avacado and salad wrap created on request. Free refills on drinks.
Club house staff very knowledgeable and accommodating.
Course very long - watch out for the par 3's especially from the tips!...
We visit Barona every year on our golf vacation in El Cajon. The staff is very friendly and helpful. Their golf carts are second to none - GPS, ball washer, club washer, ice bucket with 4 bottles of water (up from 2 in previous years).
We know the course is dry. On hole #1, the fairway is light green and...
While I did not actually experience the entire golf club it does have a lake that is adjacent to the hotel parking areas. I used the lake as a backdrop to take photos of my daughter in her theater costume.
The course is in good shape & is difficult. They keep a good separation of tee times so you don't have anyone behind you or ahead of you.
Overall there are multiple tough holes with water hazards, high grass throughout the edges.
I would play it again. One of the nicer courses in CA.
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Located on the grounds of the Ksiaz Castle, the Hotel Zamkowy provides friendly and helpful service. The rooms are spacious, clean, and have free wifi. There is no elevator so people with walking disabilities may need to seek lodging elsewhere. In addition, this hotel does not have a restaurant, but it has an agreement with a restaurant just steps away to provide a breakfast buffet for hotel guests. Overall, I was pleased with my stay at this hotel.
Property: Hotel ZamkowyAddress: ul. Piastow Slaskich 1, Walbrzych 58-306, Poland
Location: Poland > Southern Poland > Lower Silesia Province > Walbrzych
Kitchenette Restaurant Wheelchair access
Ranked #3 of 6 B&Bs / Inns in Walbrzych
Price Range (Based on Average Rates): $
Hotel Class:3 star — Hotel Zamkowy 3*
Number of rooms: 19
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Explore Knitted Chemo, Chemo Crochet and more!
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"Basic Chemo Cap" designed by Doreen L. Marquart.
Knit in the round on double pointed needles.
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This pattern originally appeared in the Fall 2007 issue of Interweave Knits magazine. The design was inspired by the work of Dutch architect Rem Koolhaas. His geometric, structural patterns at the Seattle Public Library informed the cabled lattice motif encircling the beanie.
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Macroeconomic Theory and Policyby William H. Branson
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tag:blogger.com,1999:blog-245469332017-04-28T13:23:36.106-05:00For What It's WorthCases, controversies, the occasional water-cooler rant and news about Cook County judges and judicial elections

 Feel free to browse here or on page two of this blog.Jack Leyhanehttp://firstname.lastname@example.com:blogger.com,1999:blog-24546933.post-54986324089628365992017-04-28T00:41:00.000-05:002017-04-28T07:15:07.366-05:00Second arrest made in the murder of Judge MylesChicago Police announced Thursday evening that a second arrest has been made in the murder of Associate Judge Raymond Myles. Here is the link to the WGN-TV News coverage of the story.

In an article posted to the DNAInfo.com website, Kelly Bauer and Erica Demarest quote Chicago Police Superintendent Eddie Johnson as saying that the suspect, 45-year old Earl Wilson, was "no stranger to the criminal justice system."

Bauer and Demarest noted that, according to Supt. Johnson, "Wilson was convicted in 1992 of attempted murder and sentenced to 18 years in prison. He was released in 2004 and later arrested multiple times for domestic battery, illegal gun possession and possession of stolen vehicles."

The use of the word "arrested" seems significant. Were there further convictions arising from these 'multiple arrests'? What sentences were imposed? What portion of these sentences were served? When was Wilson's most recent arrest? When was the last case involving Wilson resolved? At the time of the murder, was Wilson on probation? Parole? It would be interesting to know the answers to these questions, I think.Jack Leyhanehttp://firstname.lastname@example.com:blogger.com,1999:blog-24546933.post-23225354926197441182017-04-26T16:17:00.000-05:002017-04-26T16:17:55.195-05:00Judge Cooke resignsJudge Richard C. Cooke has resigned from the 6th Subcircuit seat to which he was elected just last November.

This morning, the Tribune reported that Cook County Chief Judge Timothy C. Evans and the Executive Committee of the Circuit Court Executive Committee had decided to refer Judge Cooke to the Judicial Inquiry Board on account of his 0alleged failure to serve as assigned. The Chief Judge's office summarized the allegations against Judge Cooke in an email to FWIW earlier today:
Chief Judge Timothy C. Evans entered an order assigning Circuit Judge Richard C. Cooke to the First Municipal District. The order was entered on November 22, 2016, with an effective date of December 5, 2016.

Upon receipt of that assignment, Judge E. Kenneth Wright Jr., presiding judge of the First Municipal District, assigned Judge Cooke to the Traffic Section on December 6, 2016.

After the initial observation and training period, Judge Cooke did not report to his assignment to the Traffic Section and has been presiding over marriage ceremonies since January 20, 2017.

Chief Judge Evans referred Judge Cooke's noncompliance with his judicial assignment to the Executive Committee of the Circuit Court of Cook County.

On Tuesday, the Executive Committee referred the noncompliance with his judicial assignment to the Judicial Inquiry Board.
FWIW reached out to Judge Cooke for comment but, for the record, Cooke would only confirm that he has resigned and that he may have additional comments to make about this matter at a later date.

But not today.Jack Leyhanehttp://firstname.lastname@example.com:blogger.com,1999:blog-24546933.post-14367259994360587742017-04-26T12:24:00.002-05:002017-04-26T12:24:42.587-05:00Judge Jessica A. O'Brien reassigned to administrative duties pending further noticePursuant to action taken last evening by the Executive Committee of the Circuit Court of Cook County, Judge Jessica A. O'Brien, recently indicted by a federal grand jury in connection with an alleged mortgage fraud scheme, has "been reassigned to administrative duties in the office of the Presiding Judge of the First Municipal District, Judge E. Kenneth Wright, Jr." until further notice.

The announcement was made today in a press release issued by the Office of Cook County Chief Judge Timothy C. Evans.

The court's action yesterday confirms the temporary assignment of Judge O'Brien to administrative duties after the April 12 indictment was announced.

The court's statement today provides, in pertinent part:
A judge may be temporarily reassigned to restricted or other than judicial duties whenever there are charges or implications of improper conduct, depending on the severity and nature, under "Illinois Supreme Court Rule 56. Temporary Assignment to Other Duties." In the Circuit Court of Cook County, administrative duties can include conducting marriage ceremonies and reviewing petitions for reduced court-filing fees for indigent parties.

Regarding any questions directed to the Office of the Chief Judge about any case in any court system, Illinois Supreme Court Rule 63 states: "A judge should abstain from public comment about a pending or impending proceeding in any court, and should require similar abstention on the part of court personnel subject to the judge's direction and control."
Jack Leyhanehttp://email@example.com:blogger.com,1999:blog-24546933.post-8559856247144208362017-04-26T06:00:00.000-05:002017-04-26T07:19:11.683-05:00A non-judicial fundraiser in which judicial wannabes may be interested

A fundraiser has been set for Cook County Democratic Party Chairman Joseph Berrios on Thursday, May 25, from 5:30 to 7:30 p.m., at Café 300, 300 N. LaSalle Street, Lower Level.

Tickets for the event are $250 apiece, but sponsorships are available ($500 - $1,500 - $5,600). Checks should be made payable to the Committee to Elect Joseph Berrios Assessor. To reserve tickets, or for more information, email firstname.lastname@example.com or call (773) 355-9927.

No, I am not suggesting that persons buying tickets for this shindig would have a leg up on slating or anything crass like that.

But I pass this information along because many judicial candidates, or potential judicial candidates, don't often know about events like this one. You'd think that anyone setting up a political committee would be inundated with solicitations from every politician breathing. But, strangely enough, at least from what I've seen, not only do political pros not want 'nobody nobody sent', they don't want the nobodies' money either. So, unless the judicial wannabes were politically wired to begin with, they never find out when the pros commune.

Many non-wired judicial aspirants have tried difficult cases, settled thorny disputes, volunteered in their communities, wowed the many bar associations -- but when they show up for slating, the political pros regard these accomplished men and women like skunks at a garden party: who invited them? Events like this one at least give the wannabes an opportunity to encounter the political pros on their own turf, to cultivate potential relationships that may---in time---if there are enough vacancies to go around---if all of a politico's proteges have been accommodated---result in some level of support for the wannabe's ambitions.

If that sounds rather cynical, I suppose it is. Let me rephrase: The most personable would-be candidate can not charm anyone he or she can't meet. Events like this one may provide an opportunity for would-be candidates to meet, and maybe even impress, the powers-that-slate.Jack Leyhanehttp://firstname.lastname@example.com:blogger.com,1999:blog-24546933.post-24463369286825879662017-04-25T19:20:00.000-05:002017-04-25T20:05:07.613-05:00Campaign website established for Judge Joanne Rosado

A website has been established to support the election of Judge Joanne Rosado. That's a link to the campaign website in the preceding sentence; when enough candidate websites have been launched, this link will also be included in a blog sidebar.

The Illinois Supreme Court appointed Judge Rosado to the Kennedy vacancy in the 11th Subcircuit earlier this year. According to her campaign bio, before her appointment, Rosado tried "over 40 felony jury trials, including several first degree murder cases, and over 100 felony bench trials" as a Cook County Assistant Public Defender. She joined that office in 2002.

According to her campaign bio, Rosado has served with the Chicago Coalition for Law-Related Education, coaching a Mock Trial team in the Chicago Public Schools. One Bogan High School team that Rosado coached placed among the top four finalists (out of thirty teams). She has also served as a Board Member of the Puerto Rican Bar Association. A graduate of John Marshall Law School, Rosado also attended DePaul University and Resurrection High School.Jack Leyhanehttp://firstname.lastname@example.com:blogger.com,1999:blog-24546933.post-11681841031409031372017-04-25T10:30:00.000-05:002017-04-25T19:29:30.714-05:00Campaign website, May 11 fundraiser announced for Judge Cecilia Anne Horan

Supporters of Judge Cecilia Anne Horan's bid to retain her seat have launched a campaign website on her behalf and announced a May 11 fundraiser. That's a link to the website in the preceding sentence; when enough candidate websites have been launched, this link will be included in a blog sidebar.

The Thursday, May 11 fundraiser for Judge Horan will be held at the Old Crow Smokehouse, 149 W. Kinzie. Colette Kopon, Moses Suarez, Giulia Volini, and Cook County Commissioner Larry Suffredin are listed as the sponsors for the event, which will run from 5:00 to 7:00 p.m.

Tickets are $150 each, but sponsorships are available ($250 - Supporter, $500 - Patron, $1,000 - Sponsor, $1,500 - Host, and $2,500 - Chair). For more information about the event, or to reserve tickets, call (773) 562-9559 or email email@example.com.

The Illinois Supreme Court recently appointed Judge Horan to the countywide Hartigan vacancy. Prior to her appointment, Horan was a partner at Hinshaw & Culbertson LLP. Horan is the President of the Lesbian and Gay Bar Association of Chicago and, according to the biography on her campaign website, serves on the board of directors of her neighborhood organization, West Edgewater Area Residents (WEAR). A lifelong Chicago resident, Horan is a graduate of Taft High School and Columbia College. She was licensed to practice law in Illinois in 1997. Jack Leyhanehttp://email@example.com:blogger.com,1999:blog-24546933.post-5677376301583168502017-04-25T09:58:00.000-05:002017-04-25T09:58:15.203-05:00Some photos from last week's fundraiser for Judge Shoffner

A reader was kind enough to send in these pictures from last Thursday's fundraiser for Judge Robin D. Shoffner. The candidate is shown in the left photo with the two sponsors of her event, 3rd Ward Ald. Pat Dowell and Cook County Board President Toni Preckwinkle.

As a practical matter, I don't get out to many (most!) events plugged here on FWIW, but -- for future reference -- if you have photos of an event that you'd like to share, email me at firstname.lastname@example.com and I will run them if and when I can. (That means no promises and no commitments, but I'll do what I can when time and space and the day job permits.) Be sure and provide as much information as you can about who is in the photos, where they were taken, and so forth.Jack Leyhanehttp://email@example.com:blogger.com,1999:blog-24546933.post-89730329655722858912017-04-13T09:27:00.003-05:002017-04-13T10:29:47.430-05:00An arrest made in the murder of Judge MylesPer Erica Demarest and Tanveer Ali on DNAInfo.com, Joshua Smith has been arrested for the murder of Associate Judge Raymond Myles. A bond hearing for Smith will be held today. Smith previously served time for armed robbery, according to the DNAInfo post.

Also according to the DNAInfo post, at least one other suspect is being sought. According to police officials quoted by Demarest and Ali, Judge Myles was targeted for robbery -- but apparently not because of his occupation.

Related: WGN-TV coverage of Smith arrest.Jack Leyhanehttp://firstname.lastname@example.com:blogger.com,1999:blog-24546933.post-33879425008486369792017-04-13T09:04:00.000-05:002017-04-13T09:19:25.327-05:00Some days it's hard to be Dr. PanglossPresented without further comment:

Federal Grand Jury Indicts Illinois Attorney in Mortgage Fraud Scheme (DOJ press release);

Judge indicted for alleged fraudulent mortgage scheme (Chicago Daily Law Bulletin);

Cook County judge Jessica O'Brien indicted on federal financial fraud charges (Injustice Watch);

Cook County Judge Jessica Arong O'Brien faces fraud charges (Chicago Sun-Times).

Jack Leyhanehttp://email@example.com:blogger.com,1999:blog-24546933.post-71376232277563258352017-04-10T12:16:00.001-05:002017-04-10T12:18:55.005-05:00Judge murdered this morning outside his South Side homeCook County Associate Judge Raymond Myles was shot multiple times early this morning outside his home in the West Chesterfield portion of Chicago's Roseland Community. He was pronounced dead at Christ Hospital in Oak Lawn soon thereafter; a lady accompanying the judge was wounded in the attack and is expected to survive. The Chicago Tribune Breaking News coverage can be accessed at this link.

DNAInfo,in a story reported by Kelly Bauer and Erica Demarest, indicates that the incident might have started out as an attempted robbery.

Chief Judge Timothy C. Evans issued the following statement concerning the passing of Judge Myles:
I join all of the judges today in the Circuit Court of Cook County in expressing our sadness regarding the tragic passing of our colleague and friend, Associate Judge Raymond Myles. I offer my deepest condolences to his family, friends and colleagues in the Criminal Division.

Judge Myles joined the court in October 1999 when the Illinois Supreme Court appointed him to fill a vacancy that he held for just over a year. The circuit judges appointed him as an associate judge in June 2001, and he has served in the Criminal Division since March 2009.

Judge Myles joined the bench with a wealth of experience in law and extensive service to the community. I have always known Judge Myles to be focused and determined in the pursuit of justice, and his conduct earned him the confidence and respect of the people who appeared before him.

All of our colleagues at the Leighton Criminal Court Building will miss Judge Myles, who they came to know for his kindness and his impartial administration of justice.
Jack Leyhanehttp://firstname.lastname@example.com:blogger.com,1999:blog-24546933.post-71012009816231636132017-04-05T14:12:00.000-05:002017-04-05T14:12:11.919-05:00CCBA sponsors May 2 judicial reception

The Cook County Bar Association, in conjunction with the Illinois Judicial Council, are hosting a judicial reception on Tuesday, May 2, from 5:00 to 7:30 p.m. at the Fremont Chicago, 15 West Illinois Street.

There will be an open bar and complimentary hors d'oeuvres will be served.

Tickets are $65 each for CCBA members, $100 for others (except that students, with ID, will be admitted for $25). All sitting judges will be admitted gratis.

Tickets can be purchased on the Cook County Bar Association website.Jack Leyhanehttp://firstname.lastname@example.com:blogger.com,1999:blog-24546933.post-67081383048520285592017-04-05T13:54:00.000-05:002017-04-05T13:54:07.855-05:00April 20 fundraiser for Judge Robin D. Shoffner

Supporters of Judge Robin D. Shoffner, including Cook County Board President Toni Preckwinkle and 3rd Ward Ald. Pat Dowell, are holding a fundraiser for their candidate on Thursday, April 20, from 5:30 to 7:30 p.m., at the Victory Tap, 1416 S. Michigan Ave.

Tickets for the event are $150 each, and sponsorships are available (for $250, $500, or $1,000). For more information about the event, or to order tickets, email email@example.com.

Judge Shoffner currently sits by Supreme Court appointment to the Fabri vacancy in the 8th Subcircuit.Jack Leyhanehttp://email@example.com:blogger.com,1999:blog-24546933.post-65109198923275717942017-04-03T10:10:00.000-05:002017-04-03T10:27:04.367-05:00FAQs about FWIWThis is a post I reprint (and revise) every now and again. It seems so early, but the 2018 cycle is clearly underway. If this cycle is like every other recent one, there are some new readers joining us these days, including prospective judicial candidates and their supporters. These new readers may have questions about this blog. (A lot of this stuff is already addressed in the blog Sidebar, but it may not hurt to spell it out here, too.) Also, this seems like a good opportunity to restate some of the groundrules for regular visitors.

This is a non-partisan blog. FWIW readers are often passionately partisan, and the current political situation seems likely to inspire more outspoken engagement than ever, at least in recent memory. However, I want to cover all candidates running for judge in Cook County. Because Democratic candidates have historically enjoyed such tremendous success in this county, to the point where Republicans do not bother to contest many races, most of the posts here will be about candidates in the Democratic primary. But I will gladly cover---and have covered---Republican candidates, too. If a candidate has a website, and I can find it, or someone sends me the link, I will link to it and, when we have enough accumulated, post another link in the blog Sidebar.

This blog does not make endorsements. Over the years I've been doing this, I always seem to know at least some of the candidates, whether I've had cases with or against them, or because we've met through bar functions, or because we've met through this blog. I will mention significant connections, but I don't think the public cares how many candidates I've met, and I am certain the public does not care who I intend to vote for. On the other hand, while I won't make individual endorsements, I have been a lawyer for 37 years and I have fairly well-developed opinions about what I want for my clients when I appear in court. I reserve the right to talk about that -- in general terms -- in future posts.

Just because I know a candidate, or some of their supporters, does not mean I will provide more or better exposure for them here. Certainly not on purpose. Readers will undoubtedly see more 'stuff' about some candidates than others, but that is only because some candidates make more of an effort to ask me to publicize events. I have a day job. So I don't see everything that every candidate puts up on their own websites or Facebook pages. Also, some of the stuff I do get (and because I've been doing this awhile I'm on a lot of email blast lists) are for events that the candidate may or may not want to publicize. A good (and frequent) example is a fundraiser in a private home. I won't put anyone's home address out in the Internet for all to see unless I'm asked to. The best way for candidates to get me to publicize their events is to email me an invite at firstname.lastname@example.com -- with a request for me to run a post about the event.

Every election cycle, some candidates will complain that I haven't 'reported' their bar ratings -- and I don't, generally, unless there's something I think newsworthy about them. However, I will report everyone's bar ratings all at once -- when the bar groups (the CBA and the Alliance) release their ratings to the public.

I've made an editorial decision to try and present all candidates in the most positive light that I can, especially in my first post about a campaign. But not all candidates are created equal: Some are older, some are younger, some have tons of relevant experience, other have very limited experience. Some may even have run afoul of the disciplinary authorities. When the bar association evaluations come out, later in the election cycle, some candidates will have entirely favorable ratings, but others will not. Bar associations can and do differ over the merits of particular candidates. All of this is fair game for FWIW. But I'm not going to go out of my way to slam anyone.

In past election cycles I have given candidates the opportunity to make their own case (click here to bring up posts written by judicial candidates in prior campaigns). I plan to do this again; expect an announcement around the first of the year.

I believe the best candidates will distinguish themselves when as much information as possible about every candidate is presented for the voters' consideration. In addition to bar evaluations, I will advise of newspaper endorsements (if they're made) or community group or union endorsements (when I can verify them). I'll re-post video interviews when I can. All of this stuff will be collected in Organizing the Data posts (explained more, below) as the primary date comes closer.

Judicial candidates and committees do not pay for posts appearing on this blog. Every year, someone asks. Later on, you may see candidate ads in the spaces I set aside for Google ads on this page, but I do not book those ads. I personally do not accept candidate ads. I will accept ads from persons or companies looking to offer products or services to judicial candidates; see the blog Sidebar for additional information.

In this very early stage of the election cycle, judicial election posts on FWIW are read primarily by candidates, their supporters, and persons who are thinking about running for judge in the future. A lot of judges tell me that they visit here regularly; so do persons affiliated with the various bar association judicial evaluation committees. As the primary date draws close, this site will be increasingly visited by voters looking for information. The information that candidates and their supporters have provided, post by post, will be collected and 'packaged' for the voters. Candidates may want to look at past Organizing the Data posts to get a feel for the kind of information has been collected and posted. I'm always looking to enhance the functionality of this site and I reserve the right to make any improvements within my abilities.)

FWIW covers Cook County judicial elections because the newspapers and other media outlets provide so little coverage. Having run for judge twice myself (in 1994 and 1996) I appreciate just how little opportunity judicial candidates have to get their credentials before the public. I've already stated my editorial bias in favor of trying to present candidates in the best possible light, at least in my initial post about any given campaign. However, I reserve the right to fact-check information provided, to add information I've discovered on my own, to combine or even ignore duplicative releases. In short, I reserve the right to edit and to report within the limits of my abilities and resources.

Comments on this blog are 'moderated.' This means I read any comment that anyone cares to leave and decide whether or not it will get posted. A lot of readers tell me that they enjoy the comments here -- but they don't see all the droppings left by the trolls in my inbox. Frankly, it's depressing -- and I think it's getting worse over time. I suppose the proliferation of trolls is yet another symptom of our current hyperpartisan political climate.

I believe in the First Amendment. But this is my blog, not Bughouse Square, and if you think I'm clinging irrationally to Victorian sensibilities, that's just too bad. I reserve my right to 'flush' any comment, including the toxic gunk left by the trolls.

Commenters: Be civil. If you must be partisan or mean, be clever. Or funny. Or creative. Or else go away. I'd really appreciate it you would leave a name, but I've come to realize I'm probably the only person dumb enough to put my name out here. Maybe (as some commenters have done) you could pick, and use, a nom de plume.Jack Leyhanehttp://firstname.lastname@example.com:blogger.com,1999:blog-24546933.post-79956323961489053112017-03-30T08:45:00.001-05:002017-03-30T08:45:44.429-05:00Anthony C. Swanagan appointed to 15th Subcircuit vacancyIn an order entered yesterday, the Illinois Supreme Court appointed Anthony C. Swanagan to the 15th Subcircuit vacancy created by the retirement of Judge Frank G. Zelezinski.

Swanagan's appointment is effective April 24 and terminates December 3, 2018.

According to ARDC, Swanagan has been licensed as an attorney in Illinois since 1987. He currently serves as a career clerk to U.S. District Court Judge Andrea R. Wood. Earlier in his career, Swanagan was employed by Jones, Ware & Grenard and as general counsel for Galileo International, Inc.Jack Leyhanehttp://firstname.lastname@example.com:blogger.com,1999:blog-24546933.post-15080955939372717052017-03-26T06:00:00.000-05:002017-03-26T06:00:00.166-05:002018 campaign website announced for Judge Fredrick H. Bates

A campaign website has been established for Judge Fredrick H. Bates. That's a link to the website in the preceding sentence; when there are a few more of these, this will be added to the list of campaign websites I'll set up in the blog sidebar.

Judge Bates currently serves by appointment to the Lampkin vacancy in the 2nd Subcircuit. His campaign website touts his two years' experience as a Circuit Court judge (prior to his current appointment, Judge Bates served in a different, countywide vacancy), 15 years as an administrative law judge, and 15 more as an attorney. The site lists attorneys Louis C. Cairo, of Goldberg Weisman & Cairo, and Larry Rogers Jr., of Powers, Rogers & Smith as campaign co-chairs (Rogers also serves as a Commissioner of the Board of Review). The website also lists 34th Ward Ald. Carrie M. Austin, 9th Ward Ald. Anthony Beale, 21st Ward Ald. Howard B. Brookins, Cook County Board President Toni Preckwinkle, 6th Ald. Roderick Sawyer, and Cook County Recorder of Deeds Karen Yarbrough are listed as honorary campaign co-chairs.Jack Leyhanehttp://email@example.com:blogger.com,1999:blog-24546933.post-48395410909352221662017-03-25T07:09:00.000-05:002017-03-25T07:09:33.002-05:00Who Sits Where -- Supreme Court Rule 67(B)(2) EditionSupreme Court Rule 67(B)(2) provides (emphasis supplied),
A [judicial] candidate shall not personally solicit or accept campaign contributions. A candidate may establish committees of responsible persons to conduct campaigns for the candidate through media advertisements, brochures, mailings, candidate forums and other means not prohibited by law. Such committees may solicit and accept reasonable campaign contributions, manage the expenditure of funds for the candidate's campaign and obtain public statements of support for his or her candidacy. Such committees are not prohibited from soliciting and accepting reasonable campaign contributions and public support from lawyers. A candidate's committees may solicit contributions and public support for the candidate's campaign no earlier than one year before an election and no later than 90 days after the last election in which the candidate participates during the election year.
We will pause now for an important message:
I am not an election lawyer. Persons interested in running for judge should consult with an election lawyer of their own choosing before making any campaign-related decisions.
However, with that clearly stated, I believe it is safe to say that it is now legal for judicial wannabes to establish committees and for those committees to raise funds.

A lot of the blanks have been filled in since the last time I ran this list, but there will be more vacancies, if there aren't already. This list will be updated as circumstances warrant and time permits.

As always, all errors of omission or commission in this list are mine alone and I am grateful for additions and corrections provided.

Countywide Vacancies

Vacancy of the Hon. Eileen Mary Brewer -- Litricia P. Payne
Vacancy of the Hon. Russell W. Hartigan -- Cecilia A. Horan
Vacancy of the Hon. Michelle D. Jordan -- Clare J. Quish
Vacancy of the Hon. Sheila McGinnis -- Marina E. Ammendola
Vacancy of the Hon. Jean Prendergast Rooney -- Elizabeth A. Karkula

Subcircuit Vacancies

2nd Subcircuit

Vacancy of the Hon. Bertina E. Lampkin -- Fredrick H. Bates
Vacancy of the Hon. Marjorie C. Laws -- Adrienne E. Davis
Vacancy of the Hon. James L. Rhodes -- Toya T. Harvey
Vacancy of the Hon. John D. Turner, Jr. -- Travis Richardson
Vacancy of the Hon. Camille E. Willis -- Unfilled

3rd Subcircuit

Vacancy of the Hon. Maureen Leahy Delehanty -- Patrick T. Stanton

4th Subcircuit

Vacancy of the Hon. Thomas Davy -- Unfilled
Vacancy of the Hon. James Riley -- John A. O'Meara

5th Subcircuit

Vacancy of the Hon. Patricia Banks -- H. Yvonne Coleman

6th Subcircuit

Vacancy of the Hon. Gloria Chevere -- Kent A. Delgado
Vacancy of the Hon. Robert Lopez Cepero -- Stephanie K. Miller

8th Subcircuit

Vacancy of the Hon. Candace J. Fabri -- Robin D. Shoffner
Vacancy of the Hon. Laura Cha-yu Liu -- Michael A. Forti
Vacancy of the Hon. Sheryl A. Pethers -- Myron F. Mackoff

10th Subcircuit

Vacancy of the Hon. Eileen O'Neill Burke -- Stephanie Saltouros
Vacancy of the Hon. Donald J. Suriano -- Gerald V. Cleary

11th Subcircuit

Vacancy of the Hon. Kathleen Kennedy -- Joanne F. Rosado

13th Subcircuit

Vacancy of the Hon. Clayton J. Crane -- Unfilled
Vacancy of the Hon. Jeffrey Lawrence -- Michael Perry Gerber

15th Subcircuit

Vacancy of the Hon. George F. Scully, Jr. -- Diana L. Embil

Jack Leyhanehttp://firstname.lastname@example.com:blogger.com,1999:blog-24546933.post-16264619886707570002017-03-20T15:31:00.002-05:002017-03-20T15:31:46.045-05:00Coleman appointed to Banks vacancy in 5th Subcircuit

The Illinois Supreme Court today appointed Loop practitioner H. Yvonne Coleman to the 5th Subcircuit vacancy created by the recent retirement of Judge Patrica Banks. The appointment, which is effective next Monday, March 27, expires on December 3, 2018.

According to her LinkedIn profile, Coleman concentrated her practice "in employment and civil rights litigation, workplace investigations, and mediation." She previously served, according to the LinkedIn profile, as Bureau Chief of the Civil Rights and Disability Rights Bureaus in the Office of the Illinois Attorney General, and as Manager and Chief Hearing Officer, Appeals Division, with the Illinois Department of Employment Security. Coleman also served as General Counsel with the City of Chicago Independent Police Review Authority, according to LinkedIn.

Coleman has been licensed as an attorney in Illinois since 1988. She filed for a countywide vacancy in the 2014 Primary, but withdrew from that race. She also filed for a 5th Subcircuit vacancy in the 2016 election cycle, but withdrew from that race also.Jack Leyhanehttp://firstname.lastname@example.com:blogger.com,1999:blog-24546933.post-88157598267053985862017-03-09T09:31:00.000-06:002017-03-09T09:31:13.843-06:00Two vacancies filled in Second SubcircuitIn separate orders yesterday, the Illinois Supreme Court appointed a pair of Cook County Assistant Public Defenders, Toya T. Harvey and Adrienne E. Davis, to two Second Subcircuit vacancies.

Harvey (pictured at left) was appointed to the vacancy created by the recent retirement of Judge James L. Rhodes. Harvey has been licensed as an attorney in Illinois since 1995, according to ARDC. Her appointment is effective on Thursday, March 16 and terminates on December 3, 2018.

An application process for the Rhodes vacancy was posted by Illinois Supreme Court Justice Anne Burke.

Davis was appointed to the vacancy created by the retirement of former Markham Presiding Judge Marjorie C. Laws. Davis, who has served as a part-time faculty member at Loyola University Chicago School of Law, has been licensed in Illinois since 1994, according to ARDC. Her appointment is effective on March 17; it also terminates, of course, on December 3, 2018.Jack Leyhanehttp://firstname.lastname@example.com:blogger.com,1999:blog-24546933.post-54004105930402757292017-03-01T19:32:00.000-06:002017-03-02T12:02:06.651-06:00272 apply for associate judge in Cook CountyIf not all, then almost all of the recently appointed judges seem to have also completed applications for this new class of associate judges. The Supreme Court may giveth, but the Democratic Party sometimes taketh away. It's best to hedge one's bets.

Several former judges are on this list as well. Some of these were slated when they ran; some weren't. However, as I'd suggested in a Page Two post back in 2015, slating buys only credibility and access. The $40,000 buy-in (or whatever it may be for 2018) is like an NFL seat license: It just buys the candidate the right to buy tickets, in this case tickets to everybody else's fundraisers. And ads in everyone's adbooks.

And then, of course, there's SLATING... and then there's slating. And the electorate can be fickle, even when the committeemen are faithful. So, for many reasons, some judges wind up ex-judges, hoping to return via the associate judge selection process. Some just lost their spots; some have been gone for awhile.

FWIW readers will recognize a number of applicants on this list as candidates in previous election cycles. Many of these have applied for associate judge before as well. Some names will be particularly familiar because they'd previously made it to the Almost-Promised Land of the Fabled Short List. Almost-promised. These former finalists stand once again outside the wardrobe door, hoping it will fully open into Narnia this time but, if history is any guide, many will find only old coats.

Anyway, without further preface, here is the list of applicants.

ADDUCI, Nancy Galassini

AGRAWAL, Rishi

AHMAD, Mohammad A.

AIMEN, Julie Bess

AIRAUDI, Joy Christine

ALLEN, Shay T.

ALONSO, Amee Elizabeth

AMMENDOLA, Marina E.

ANDREOU, Frank John

ANTONIETTI, Erin Haggerty

ARNOLD, Kina Nicole

AUGUSTUS, Maria

AYALA-GONZALEZ, Laura

BAE, Jennifer Eun

BALSON, Laura Adeline Shadle

BARRETT, Michael Brendan

BARRIDO, Jerome Celis

BAUM, Gideon Abraham

BAUMANN, Deidre

BEACH, Charles Stanley

BENSON, John Christopher

BRAVE, Sunil Shashikant

BILBREY, Kimberly R.

BLAKE, Sandra Mary

BLINICK, Robert Kendall

BLUMENTHAL, Jeffrey S.

BONDS TALLEYRAND, Andrea Daenille

BRASSIL, John Hugh

BRENNAN, Daniel H., Jr.

BROOKS, Lloyd James

BUIKEMA, Joel David

BUNTINAS, Arunas R

BYRNE, James Luke

CAGE, Patrick Bernard

CARROLL, John P., Jr.

CASEY, Carol Anne

CENAR, Richard G.

CHRlSTOPHELL, Steve

CHRONES, Jeffery George

CHUPACK, Joel Louis

CLARY, Joseph P.

CLEARY, Gerald Vernon Patrick, III

COAKLEY, Kellyn Doyle

COLEMAN, H. Yvonne

COLLINS, Cary James

COOK, Christine Elizabeth

COOPER, Christopher C.

CORTESI, Nicholas James

COSGROVE, Audrey Victoria

COYNE, Daniel Thomas

CRAWLEY, James Patrick

CUNNINGHAM, Kevin P.

CURRIN, Margaret Elizabeth

CUSHING, Thomas Maloney

DALY, Colleen Reardon

DAUPHIN, Yolaine Marie

DAVIS, Adrienne Elaine

DAWKINS, Barbara Lynette

DELGADO, Kent A.

DE MATTEO, Gabriel Joseph

DERICO, James Thomas, Jr.

DICKMAN, Michael Joseph

DIMOND, Karen Jane

DOLAN, Alice Elizabeth

DUNNEBACK, James Francis

DYER, Deidre Myra

EBERSOLE, Sabra Lynne

EMBIL, Diana Lenore

EVANS, Carl Lauras, Jr.

FALAGARIO, Michael James

FARMAKIS, Athena Aphrodite

FELDMAN, Stephen Jason

FELICIONE, Laura Lechowicz

FERRANTE, Mark Vincent

FLEMING, Dennis Michael

FLORES, Barbara Nubia

FORESTER, Laura Ellen

FORTI, Michael Angelo

FOTOPOULOS, John S.

GALHOTRA, Kulmeet Singh

GERBER, Michael Perry

GILL, Jennifer Lynn

GIOVANNINI, Dennis Arthur

GLORIOSO, Mauro

GOLDEN, Jean Mary

GONZALEZ, Jennifer Lynn

GONZALEZ, Peter Michael

GOODRUM, Bernice

GORDAN, Elias Martin

GREEN, Jonathan Clark

GREEN, Sanju Oommen

GUDINO, Ruth Isabel

HANLON, James Edward, Jr.

HARRIS, Robert Forsyth

HARVEY, Toya Tinette

HELLNER, Mark L.

HENRY, Sheree Desaree

HILL, Lawrence Napoleon

HODAL, Joseph Anthony

HOGAN, Michael James, Jr.

HORAN, Cecilia Anne

HOURIHANE, John Nahum

HOVEY, Robert Jerome

HOWSE, Natalie Lynn

HUDSON, Nathalina A.

HUGE, Lindsay Christopher

HUGHES, Kevin Christopher

JANNUSCH, Matthew William

JOHN, Patrick Dankwa

JONES, Celeste Kathleen

JONES, Preston, Jr.

KAHN, Eileen Susan

KANTAS, Nicholas Alexander

KARAVIDAS, Theodore George

KARDAS, Kim Richard

KARKULA, Elizabeth Anne

KESSLER, Sheri C.

KOCH, James B.

KOEHLER, Julie Ann

KOUGIAS, Thomas Peter

KOZICKI, Scott Michael

KREMIN, David Keith

KRISLOV, Clinton Arthur

KRUEGER, Steven Philip

KUBALANZA, Joan Marie G.

LACEY, Sammy Ward

LANAHAN, Kathaleen Theresa

LARIMER, Angela Sue

LEVIN, Ellis Bernard

LEVIN, Lawrence Wolf

LOIZON, Yvette Colette

LUBY, William Joseph

LUQUE-ROSALES, Mercedes

LUSKIN, Joshua Dante

MACKOFF, Myron Franklin

MAHER, John G.

MAKOWSKI, Donna B.

MALONE, Kimberly Michelle

MALONEY, Edward James

MALONEY LAYTIN, Kerrie Elizabeth

MARCONI, Jerome Frank

MARKOFF, Robert Glenn

MAROVICH, Michael Jay

MAYS, Celestia Laurene

MECZYK, Ralph Eugene

MELCHOR, Mary Alice

MESSINEO, James Michael

McCARTHY, Kelly Marie

McCONVILLE, Terrence James

McGUIRE, Thomas Frank

McKENNA, Scott Darrell

McMAHON, William John

McNULTY, John Wesley

MILLER, Stephanie Kathryn

MOJICA, Lisette Catherine

MOLITOR, Thomas Raymond

MOLTZ, Ira Alexander

MONREAL, Adam Peter

MONTES, Paul Joseph, II

MOORE, Kelly Ann

MORRIS, Tisa Lynne

MORRISSEY, Thomas Anthony

MULAY, Megan Kathleen

MULLENIX, James David

MURPHY, James Vincent, III

MURRAY, James C., Jr.

NACH, Brian Michael

NAVARRO, David Ricardo

NAZARIAN, Nancy Ellen

NESBIT, Nicole Chyrisse

NIKOLIC, Daniel Peter, Jr.

NORRlS, Scott

NOWINSKI, Thomas E.

OCHALLA, Kevin John

O'CONNELL, Catherine Ann

OGAREK, Margaret Mary

O'LOUGHLIN, Kate Ryan

O'MALLEY, Michael I.

O'MEARA, John Andrew

OSTOJIC, Radusa

PANNITTO, Michael John

PANTOGA, Ann Addis

PARK, Jeanah

PATTERSON, Monique Lenee

PATTON, Nichole Catina

PAYNE, Jennifer Joyce

PAYNE, Litricia Pauline

PERKINS, Marian Emily

PERKINS, Robbin Eunise

PETERS, Daniel Lawrence

PEZANOSKI, Diane Marie

PIEMONTE, Gina Angela

PLESHA, Gregory Gerard

PLOTNICK, Paul William

PODLASEK, Robert Michael

POLI, Carl (Carlo) Ettore

POWER, Stephen Walter

QUINN, Jill Rose

QUISH, Clare Joyce

RAKOWSKI, Leo Steven

RASCIA, Ronald Anthony

REGGI, Martin Douglas

REILLY, James Michael

RICE, Ashonta Cherron

RICHARDSON, Travis

RILEY, Shellé Eileen

RIZZI, Steven J.

ROPER, Lori Ann

ROSADO, Joanne F.

ROSEN, Lori Michele

ROSENBERG, Geri Pinzur

ROSS, Curtis Bennett

SAINDON, Pamela

SALAJANU, Ioana

SALTOUROS, Stephanie D.

SAMPEN, Don R.

SANDERS, Catherine Dorothy

SANTANA, Jaime Rafael

SCANLON, Brian Patrick

SCHOOP, Devlin Joseph

SEATON, Debra Ann

SEEDER, Myron Marshall

SHAPIRO, James Anthony

SHOFFNER, Robin Denise

SIANIS, Athanasios (Tom) S.

SIEGEL, Charles W.

SILVA, Rosa Maria

SIMMONS-FORD, Jade Ginese

SIMPKINS, Anthony E.

SMITH, Levander, Jr.

SMITH, Trina

SMUDA, Joan Ellen

SNYDER, Martin Dockery

SOLOMON, Donald Scott

SPENCE, Keith Lenell

STANIEC, Denise Y.

STANTON, Patrick Thomas

STEFFEN, Ketki Shroff

STEPHENSON, Brian Joseph

STROM, Michael Alan

STROMSTA, Jon Karl

STUDENROTH, David L.

SUTTON, Arthur Dale

SWANSON, Alfred M., Jr.

SWANSON, Karin Elizabeth

TAYLOR, Lisa M.

TAYLOR, Mable

THIBAULT, Renee Therese

TIERNAN, Daniel Owen

TOFT, Rachael Nicole

TREVINO, Daniel Alexander

TRISTAN, Gerardo, Jr.

TROWBRIDGE, Bradley R.

TYNER, Randall Louis

TZINBERG, Scott William

UNDERHILL, Edward J.

VAHEY, Kathryn Maloney

VELCICH, George Mario

VROUSTOURIS, Alexander

WALSH, Michael Daniel

WATTS, Christopher Alexander

WEAVER, Lynn Karyl

WEBBER, Andrea Michelle

WEBER, Adam Justin

WESTON, Antoinette Denise

WHITING, Oran Fresno

WILK, John Francis

WILLIS, Arthur Wesley

WRENN, Jeanne Marie

WRIGHT, James Adolph

YU, William

ZAMPARO, Roger, Jr.

Persons with relevant information regarding any associate judge applicant are invited to correspond with the Circuit Court of Cook County Nominating Committee, c/o Chief Judge Timothy C. Evans, 50 West Washington Street, Room 2600, Chicago, Illinois 60602.Jack Leyhanehttp://email@example.com:blogger.com,1999:blog-24546933.post-86343794205051062842017-02-25T07:45:00.000-06:002017-02-25T07:45:05.658-06:00You know who you are -- but do the bar associations know about you?We continue to wait for the list of persons filing for the forthcoming class of associate judges in Cook County.

I will have the list here on FWIW just as soon as I can.

Meanwhile, though, somewhere between 250 and 300 of you (if history is any guide) already know that you'll be on that list when it comes out. Many of you have your bar ratings already.

But some of you do not. It is to you---the first time judicial applicants, the previously unrated applicants---that this post is addressed.

Judicial evaluations take time. The associate judge selection process cannot go forward until the evaluations are complete. When the list is published, judicial aspirants who do not have current evaluations from the CBA and the Alliance of Bar Associations of Judicial Screening will be contacted.

But why wait?

If you are among the many applicants for associate judge, and if you have not been previously evaluated, you should reach out as soon as possible to both the Alliance and the CBA and get your evaluations started.

To contact the Alliance, email Joyce Williams, the Alliance Administrator. To contact the CBA, email Therese Kurth.Jack Leyhanehttp://firstname.lastname@example.com:blogger.com,1999:blog-24546933.post-11429103746196014602017-02-24T06:00:00.000-06:002017-02-24T06:00:04.720-06:00Reforming civil discovery – Part 4 – one more post on zero-based discoveryWith zero-based discovery, no discovery would be permitted to any party unless and until the court first reviews and approves the specific discovery sought.

This is similar to the way things worked in Lincoln's day. A well-funded party would file its law action – and then file a separate chancery action, a bill of discovery, in order to obtain the discovery needed for their case. We don't need a separate suit to authorize discovery in the modern age, the distinction between courts of law and courts of equity having been abolished. But, if we are serious about reducing the cost of civil litigation and thereby securing access to the civil justice system for more than just the one-percenters, we do need a gatekeeper. A vigilant, skeptical gatekeeper.

Granted, while the existing discovery rules would not have to be totally rewritten to accommodate zero-based discovery, there would be some adjustments made by the bench and bar in order for the system to work.

So what?

Change is the only constant of modern life.

But, most of the time, 'change' means adding onto, not substituting one thing for another.

In my 37 years in practice, we've gone from IBM Selectrics to personal computers to laptops to tablets and phones.

'Phones' which we now use mostly to text or email people we might have, at one time, called.

On a phone.

I have been in practice so long that I can recall a time when the word 'cloud' referred principally to a visible mass of condensed water vapor in the sky.

In the course of my career, the rise of word processors and, later, PCs led directly to the ubiquitous use of form interrogatories. I refer not to the 'form' interrogatories now included in the comments to Supreme Court Rule 213 but, rather, to the form interrogatories that lawyers developed (or appropriated for their own use) – including, of course, the multi-page 'definitions and instructions' that some sadistic misanthrope inflicted on the rest of us a generation ago. We started using form discovery because it had become easy to do so. (Can you imagine someone having to retype those 'definitions and instructions' on a Selectric every time these were to be dropped on some unsuspecting opponent?)

In our modern, high-tech culture we often do things because we can, without giving a second thought to whether we should. The most widely cited example of this phenomenon has been the making of the second Star Wars trilogy, but this concept applies to civil discovery as well.

Photocopying made it possible to obtain large quantities of documents. So we started insisting on the production of large quantities of documents. Then digital technology made it possible to share enormous quantities of documents. So we began demanding these as well.

With zero-based discovery, we can step back and consider not just what we can do, but whether we should do it in the first place.

Lawyers will still be able to prepare cases, and settle cases, and try cases with zero-based discovery. But the best lawyer can't do any of these things without clients. And potential clients can't become clients unless they can afford representation.

We say we want 'access to justice' for civil litigants. In civil cases, meaningful access does not mean only that litigants can appear in court. Unrepresented parties can too easily ruin meritorious cases because they don't understand either the applicable law or procedure. No matter how we streamline our court system, lawyers who regularly appear in a courtroom will have a decided advantage over pro se litigants who are involved in only one case. Access to justice for these litigants should involve access to lawyers, too. By drastically restraining discovery, perhaps many litigants will 'discover' that they can afford representation.
Jack Leyhanehttp://firstname.lastname@example.com:blogger.com,1999:blog-24546933.post-10085256831045793832017-02-23T06:00:00.000-06:002017-02-23T09:01:32.147-06:00Reforming civil discovery – Part 3 – how zero-based discovery can workIn yesterday's installment, I suggested that zero-based discovery would help ameliorate a basic access to justice problem, namely, that the cost of litigation has taken our civil court system beyond the reach of all but the biggest companies and most wealthy individuals. But small businesses and middle class people still get sued and not every claim can be brought within liability insurance coverage. So we see increasing numbers of pro se litigants in our courts. Without the means to hire their own lawyers, too many pro se litigants, even those who might have meritorious claims or defenses, wind up losing to better-funded, represented opponents.

Eliminating 'routine' discovery will go a long way toward reducing the costs, and the pitfalls, for these pro se litigants. It may even bring the cost of representation back within the means of many litigants.

Having trouble visualizing a world without automatic discovery?

Routine discovery illustrated?

With zero-based discovery, the court would not merely inquire whether the parties have propounded interrogatories, the court would have to be persuaded that interrogatories are necessary to help this case be postured for settlement or trial and then have to approve the specific interrogatories to be propounded.

One immediate benefit would be the immediate disappearance of those six and seven page "definitions and instructions" sections that some attorneys like to lard onto interrogatories. No responsible court would ever approve a set of interrogatories with these. First of all, no one can possibly furnish answers to interrogatories that fully comply with these 'instructions': In the real world, the singular does not include the plural (or vice versa) and "and" never means "or" (usually couched, in the byzantine, prolix gibberish of the typical 'instructions' section, in terms of the conjunctive including the disjunctive... and vice versa).

Think about that for a minute. Under these kinds of impossible instructions, "two or three" might refer to an indeterminate, but small, number of something... or it might mean "five." That's simply absurd.

"Form" interrogatories would also vanish, unmourned, into the past. Let's consider an example: In a garden variety rear-ender case, do we really need to know "the name and address of any physician, ophthalmologist, optician or other health care professional who performed any eye examination of" the defendant "within the last five years and the dates of each such examination?" Do we really need the defendant to disclose every doctor's visit in the past 10 years and the reasons therefor? A court applying zero-based discovery should not ordinarily approve interrogatories like these in this sort of case despite their 'approved' pedigree.

With zero-based discovery, both parties attorneys would have to persuade the trial court at the initial case management conference that they need certain interrogatories answered in order to either complete settlement evaluation or prepare the case for trial. A judge might agree that some of the old 'form' interrogatories might be useful in this regard – but probably not all of them in any particular case.

On the other hand, in a red-light, open intersection case, or where the defendant driver plows into a building, injuring persons within, interrogatories about the defendant's prior health might be very important... and a court might be expected to permit these kinds of interrogatories. The important lesson is that discovery requests must be tailored to the issues in the case.

One other tremendous advantage of having direct judicial involvement in discovery from the outset of a case is that disputes about requests being too broad or too burdensome should be 'nipped in the bud.'

In describing what zero-based discovery might look like, we started by talking about written discovery.

But there is no good reason to always wait for the conclusion of written discovery before taking depositions.

Consider an open intersection accident where each party is absolutely certain that the other ran the red light. If there were two eyewitnesses, why wait until after the plaintiff is forced to reveal that she had her tonsils out at age four? Why not start with the depositions of the two eyewitnesses? If both agree which party ran the red light, perhaps the case can settle early (the settlement value dependent, of course, on whether it was plaintiff or defendant at fault). If the witnesses split, perhaps a trial is inevitable – but, then, future discovery can be framed with the necessity of trial in mind.

On the other hand, a trial court might conclude that depositions aren't really necessary in a given case. Returning to the example of the garden-variety rear-ender case: To prepare such a case for trial, does the plaintiff's attorney really need to know—in advance—whether the defendant claims to have hit the brakes five seconds or 10 seconds before impact? Conversely, does the defense need to give a plaintiff the opportunity to rehearse his or her trial testimony?

Juries sometimes do strange things. When an anomalous result obtains, and the party or insurer starts looking through the pre-trial record, no attorney wants to be called upon to explain an order in which certain written discovery or depositions were 'waived.' Zero-based discovery will not eliminate runaway juries. But where the court has had ultimate authority about what discovery to permit and what to refuse from the very outset of the case, no one party can be blamed for 'waiving' anything.

Zero-based discovery will not mean zero-compliance discovery: Where a court permits certain interrogatories to be propounded, or certain documents to be requested, or certain depositions to be taken, the expectation will be that there will be "full disclosure." But, when there is a dispute over the sufficiency of a response, the court will not have to guess what was expected; the court will have been party to the creation of the expectation.

Zero-based discovery would not mean an end to all discovery. It would, however, bring an end to discovery being conducted without a valid reason or goal (and spending one's opponent into submission would never qualify). With the parties having to justify any desired discovery and the court being involved in the process right from the start, and the natural antipathy of court and conscientious counsel toward discovery, the burdens—and costs—of discovery should be drastically reduced. Zero-based discovery is a concept that should find adherents from ITLA to the Judicial Hellhole folks. The IJA, however, may be a tougher sell....Jack Leyhanehttp://firstname.lastname@example.com:blogger.com,1999:blog-24546933.post-14911497846363913852017-02-22T22:03:00.000-06:002017-02-22T22:03:32.451-06:00Ammendola appointed to countywide McGinnis vacancyThe Illinois Supreme Court today appointed Loop attorney Marina E. Ammendola to the countywide vacancy created by the retirement of Judge Sheila McGinnis.

Ammendola's appointment is effective February 27 and will terminate on December 3, 2018. Ammendola has been licensed in Illinois since 1989. She is a member of the Board of Directors of the Illinois Trial Lawyers Association. Ammendola made the Chicago newspapers at the turn of the century when she represented Ald. Ed Burke and his wife, now-Supreme Court Justice Anne M. Burke, in the "Baby T" custody case. Before setting up her own practice in 2001, Ammendola worked for Patricia C. Bobb & Associates.Jack Leyhanehttp://email@example.com:blogger.com,1999:blog-24546933.post-89288489078697271102017-02-22T06:00:00.000-06:002017-03-27T12:41:23.592-05:00Reforming civil discovery – Part 2 – preserve the civil justice system by adopting zero-based discoveryThere seems to be a misunderstanding among lawyers generally and courts in particular that, unless forced to do so, a lawyer in a civil case will never disclose a single scrap of information.

And yet we know that we don't behave that way. Judges didn't behave that way when they were in practice either (just ask one).

And we also know that most—the overwhelming majority of—civil cases are disposed of without trial.

And, finally, we also know that this happens even though a great many cases are settled without suit ever being filed.

Cases settle without suit because lots of information is voluntarily disclosed. Plaintiffs' attorneys carefully gather together their clients' medical records and lost-time records and helpful scene photographs and bundle them together in a 'package' designed to make the adjuster requisition adequate authority. The damning documents are carefully arranged and an explanatory letter is sent in an effort to make the other party to the contract realize the consequence of his or her breach. It doesn't take a 213(f)(3) disclosure schedule to get the property owner to share the engineering report that clearly shows that the concrete was improperly mixed and that this caused the damage to the structure. These disclosures are willingly made in order to resolve cases at the earliest possible opportunity.

In other words, we really are very eager to disclose information that helps us... it's just information that might hurt our cause that we try to keep hidden. (Human nature again.)

But, in our hyper-connected, over-sharing age, a lot of stuff that clients might not want to reveal, if they thought about it, is already 'out' before their lawyers are brought 'in.'

Even if some damaging stuff sometimes remains buried during pre-suit investigation, cases don't typically arrive in court without both sides already knowing quite a bit, good and bad, about the controversy.

Why does it automatically make sense to recreate all the information obtained or exchanged pre-suit?

In a great many cases—especially in our hyper-connected, over-sharing world—a lot of information damaging to our opponent is already known by third parties. Military Strategy 101 teaches that a good flanking maneuver is less costly than a frontal assault on a fortified position. Why do lawyers spend so much time, and so much client money, making frontal assaults on their opponents, demanding that they reveal damaging stuff that could be far more easily obtained from others?

The concept of "complete" or "full" discovery may sound appealing to law school professors, but the costs attendant thereto has made our civil court system too expensive a forum for too many – and, yet, there's no viable alternative available. (Arbitration? Don't get me started: Discovery is corrupting arbitration practice, too, and where one side is purchasing the arbitrator, as is now the case in mega-company vs. consumer arbitration, just exactly how fair can that system be?)

What we should do instead is abandon the idea of automatic discovery and move to a zero-based discovery system. This is not as inconsistent with our existing rules as you might initially think. Consider, for example, Supreme Court Rule 218(a), which already provides that "the following shall be considered" at an initial case management conference:

(1) the nature, issues, and complexity of the case;

(2) the simplification of the issues;

(3) amendments to the pleadings;

(4) the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;

(5) limitations on discovery including:

(i) the number and duration of depositions which may be taken;

(ii) the area of expertise and the number of expert witnesses who may be called; and

(iii) deadlines for the disclosure of witnesses and the completion of written discovery and depositions;
(6) the possibility of settlement and scheduling of a settlement conference;

(7) the advisability of alternative dispute resolution;

(8) the date on which the case should be ready for trial;

(9) the advisability of holding subsequent case management conferences; and

(10) any other matters which may aid in the disposition of the action including but not limited to issues involving electronically stored information and preservation."
Rules 218(a)(4), (5), and (10) specifically invite a trial court's early and direct involvement in discovery issues. But rather than asking whether 'form' interrogatories have been unthinkingly propounded, or whether the depositions of all parties have been scheduled, whether needed or not, I suggest that we ask courts to presume that no discovery whatsoever is necessary in any case. I call this 'zero-based discovery.'

With zero-based discovery the burden would be imposed on any party who wants it to persuade the court as to what discovery is necessary, and why. The court becomes the gatekeeper, tasked with evaluating whether the requested discovery is really necessary to get a case ready for trial – or positioned for settlement – or whether the discovery being sought is instead intended as a means to wear down or harass the other side. The court's active involvement at this juncture should stop a 'fishing expedition' before it leaves port. The court's control of the conduct of discovery from the outset would protect the uninsured or underfunded party against the use of discovery by a well-funded opponent as a means to bleed and bludgeon it into an unfair settlement or, worse, default or nonsuit.

With a zero-based discovery, human nature works with the system, instead of against it: When the judge becomes obliged to 'deal' with discovery issues, he or she, consistent with his or her understandable disdain for discovery issues, will want to minimize discovery, to focus it to just that which is essential.

The new assumption would be that, without a court-specified and court-monitored discovery schedule, carefully tailored to meet the specific needs of each case, a case would be ready for trial just as soon as issue was joined. This would not prevent the parties from attempting to resolve their differences, either with the court's assistance in a pre-trial, or through mediation (again, as Rule 218(a) already provides). But, without unfettered, automatic discovery, the cost of litigation would be reduced, perhaps drastically, bringing the court system—and the services of lawyers—once again within the reach of middle class people and small businesses. That alone might curb the surge in pro se litigation.

Meanwhile, equally well-funded parties could still try and discover each other to death (if equally well-financed parties are determined to wage a discovery war of attrition, the wise trial judge will gladly let them). But the civil court system can still be preserved as a viable dispute resolution forum for the rest of us.

To be continued.Jack Leyhanehttp://firstname.lastname@example.com:blogger.com,1999:blog-24546933.post-59750229675553063632017-02-21T06:00:00.000-06:002017-02-22T07:54:49.582-06:00Reforming civil discovery – Part 1 – the problem of human natureFirst in a series.

"Discovery is intended to be a mechanism for the ascertainment of truth, for the purpose of promoting either a fair settlement or a fair trial." Ostendorf v. International Harvester Co., 89 Ill.2d 273, 282, 433 N.E.2d 253, 257 (1982). "[D]iscovery is supposed to enable counsel to decide in advance of trial not only what the evidence is likely to be but what legal issues can credibly be argued." Lubbers v. Norfolk & Western R. Co., 105 Ill.2d 201, 213, 473 N.E.2d 955, 961 (1984).

That's what discovery in a civil case is intended to be.

Discovery is not supposed to be "a tactical game," a game played to "impede and harass" an opponent. Williams v. A.E. Staley Mfg. Co., 83 Ill.2d 559, 566, 416 N.E.2d 252, 256 (1981).

But, too often, that's just what discovery is: A game, a gauntlet, a trial by ordeal. It is too often used to prevent consideration of the merits of a case. It is deployed to wear down, subdue, bleed, and even bankrupt an opponent. Especially where the parties are not equally well-funded: Big business vs. small businessperson, for example, or well-insured or well-financed defendant vs. plaintiff (read: plaintiff's attorney) with shallow pockets. Or where the defendant is uninsured.

How can this happen?

Two words: Human nature.

In the very next sentence after the Illinois Supreme Court warned, in Williams v. A.E. Staley Mfg. Co., that discovery should not be a tactical game, the court itself created the playing field: "Discovery is intended as, and should be, a cooperative undertaking by counsel and the parties, conducted largely without court intervention, for the purpose of ascertaining the merits of the case and thus promoting either a fair settlement or a fair trial." (83 Ill.2d at 566, emphasis mine.)

With the lower courts instructed to refrain from routine intervention in discovery, whatever the Supreme Court's intent, it was inevitable that abuses would flourish: Discovery bullies, like every other kind of bully, are all too willing to take every advantage when assured they can act without fear of 'intervention.'

Not that trial courts needed much persuasion to refrain from intervention. Judges (understandably) don't want to be burdened with discovery issues. It's just human nature: Judges didn't like discovery when they were mere practitioners.

Nor should this be surprising: No sane person likes discovery. Junior lawyers dream of becoming senior lawyers so they can fob discovery compliance off on the next cohort of fresh-faced associates, just as this unsavory task was dumped on them by their elders. That's also human nature.

Senior partners may like the billable hours accumulated by their minions in the relentless pursuit (or avoidance) of discovery compliance, but none of them would willingly pitch in and review documents. That's human nature, too.

Besides, no sane client would ever pay the senior partner's hourly rate for tasks that the greenest associate might handle (or even a robot). Clients don't just hate paying for discovery, they hate being bothered by it. What lawyer hasn't had a client whine why am I paying you if I have to look for all this stuff myself? (With clients whose defense costs are being fronted by liability insurers the whining is sometimes even worse: Why do I have to do all this stuff? What did I buy insurance for anyway?)

So it's just human nature that clients, and all the lawyers who can, will avoid discovery whenever they can (and, sometimes, even when they shouldn't). Equally in accord with human nature, the courts are entirely willing to adopt an attitude of benign neglect (you lawyers should work this out amongst yourselves).

This creates opportunities for the Eddie and Edwina Haskells of the world. (I always hesitate to use cultural references from my TV-saturated childhood but, in rummaging around the Intertubes preparing this piece, I came across a 2011 article on the Psychology Today website, by Dr. Ronald E. Riggio, entitled, "Bullies and the Eddie Haskell Effect," and subtitled, "Why workplace bullies often don't get caught." So I guess the reference is still well enough understood.) Mrs. Cleaver usually saw through Eddie's smarmy and unctuous horse manure, but not always right away. Sometimes Wallace and Theodore, er, Wally and the Beaver, would wind up in hot water first. Comedy ensued.

Like June Cleaver, judges may eventually see through the Eddie or Edwina Haskells who are abusing discovery (and their opponents) in the cases before them – but not always before costs are inflated out of proportion with the value of the case.

Litigation is about persuasion. Persuasion involves more than the lawyer's careful case citations or passionate speeches. A jury trial, you may have heard, is a proceeding in which 12 strangers decide which party has the best lawyer. There's a kernel of truth in that old piece of corn: First and foremost, persuasion involves the lawyer trying to show the court that she is the reasonable one, that he is trustworthy, that they are credible. The lawyer who loses credibility with the court may find that all the great case citations and flowery language in the world can't save the client's cause. Once again, that's human nature.

Anyone who has ever played a team sport, or had a kid in a team sport, has learned (often the hard way) that the umpire or referee doesn't always see (or recognize) the provocation that gives rise to the retaliation. But the retaliation is almost always seen, and penalized. That's human nature, too.

A court may not immediately recognize that the motion to compel is unfair or unjust because the underlying discovery requests are irrelevant, overbroad, overly burdensome, and/or grossly disproportionate to the dispute in question. In fact, this would be unlikely because, after all, the parties are supposed to work this stuff out without judicial intervention. Therefore—human nature being what it is—the party seeking the court's assistance in enforcing discovery, in apparent compliance with the rules, particularly Rule 201(k), especially when represented by an Edward Haskell, Esq., will, at least at first, command the court's sympathy. And the aggrieved respondent, whose credibility with the court is diminished just by being on the receiving end of such a motion, can squander what credibility he or she has left with too shrill or outraged a response. This, too, is human nature.

A proper civil discovery system should not work against human nature (or, at best, in spite of human nature).

More on this tomorrow.Jack Leyhanehttp://firstname.lastname@example.com


text:
Mary Elizabeth Smith was born November 19, 1921 in Delhi Township to John B. and Ruth (Parman) Fay. She passed away Tuesday, December 20, 2011. She is a veteran of World War II, serving in the Waves and a member of the American Legion Post Nuwarine 535 for the past sixty-six years.
Mary worked for G & G catering and Archie Tarpoff's catering. An avid armchair sports fan, she enjoyed traveling and playing euchre with the girls.
She was married to Clyde B. Smith on August 20, 1948 and soon after moved to a dairy farm in Mason to raise their family.
Mary was preceded in death by her parents and her husband, brothers John W. Fay, Lucien P. Fay, and Charles Fay. She is survived by her children Bradner Smith (Valerie), Karen Meirndorf, Karol Fry, John S. Smith (Sally), 4 grandchildren, 5 great-grandchildren, and sisters-in-law Betty Fay, Shirley Cuicci (Jack), Betty Simmon, and Leoma Smith.
The family will receive friends at the Estes-Leadley Holt/Delhi Chapel from 4-7 p.m. Friday, December 23, 2011. A graveside service will take place at 11:00 a.m. Saturday, May 19, 2012, in North Aurelius Cemetery in Mason. In lieu of flowers, memorial contributions may be made to the American Cancer Society, Relay for Life of Mason, Holt United Methodist Church, or Area 8 Special Olympics.


text: Saturday's local college basketball roundup: Sacred Heart women, Bridgeport men, women post wins Back to Article Comments Need to Register? X Remember Me Forgot your password? Most Popular 1 Milford: Free CNA training program offered 2 Man, teens charged with kidnapping homeless man 3 Derby father of four faces deportation 4 Three hospitalized in Saturday's shootings 5 Wrong-way crash on I-84 leaves one dead in Danbury 6 Liberty Rock Tavern finding success in Milford 7 Infant death is Bridgeport's eighth homicide this year Connecticut Post


text:
Tech giant IBM is set to unveil what it's calling the first "commercial application" of Hyperledger's open-source Fabric codebase.
Previously released in beta and scheduled for official release today, the offering – dubbed "IBM Blockchain" – is formally debuting in front of a group of 20,000 developers at the Interconnect conference. There, its first two major deployments will also be detailed.
One of those is a blockchain identity solution built with SecureKey, in which it will power a public-private partnership that saw six Canadian banks invest $27m. In addition, it will be revealed that a Chinese energy company is using the IBM Blockchain to create an exchange for trading carbon credits.
In conversation with CoinDesk, Jerry Cuomo, IBM's vice-president of blockchain technologies, described how the company used Hyperledger's open-source code to create a series of new features, which are now in use as part of its IBM Blockchain product.
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text:
Big turnout for 25th Pasifika Festival
More than 220 performance groups and 60,000 visitors are heading to Western Springs Park in Auckland for the 25th Pasifika Festival this weekend.
Prime Minister Bill English will be there for a couple of hours on Saturday.
Organisers say entry is free and this year there are 11 villages wrapping around the lake. Each village represents a Pacific Island nation and has a distinctly different vibe.
Auckland Tourism, Events and Economic Development (ATEED) delivers Pasifika in conjunction with Orange Productions, on behalf of Auckland Council.
A strong youth contingent will share stages with some of the original Pasifika Festival founders throughout the weekend, says ATEED head of major events Charmaine Ngarimu says
The cultural performance from Auckland Girls' Grammar, De la Salle College, Sacred Heart College, Southern Cross Campus, Kelston Girls' College and St Peter's College will be a stunning sight that shouldn't be missed, she says.
"Seeing such as strong representation from the next generation of Pacifica performers sets the festival in good stead as it moves towards its next quarter century."
The 25th anniversary showcase on Saturday from 4pm on the Samoa stage includes performances from Ura Tabu dance group, the Kamehameha Schools Hawaiian Ensemble Dance Group and singing sensations Adeaze and Resonate.
On Sunday, the choral celebration in Fiji village will be from 11am. There are performances from the Auckland Gospel Choir, Stand Up Stand Out performing arts competition participants, St Paul's College, Aorere College, Southern Cross Campus and Avondale College, and Resonate.
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News / Hot Issues / Stars on TV / Movies
SECRET Hyosung, "I Don't Have Any Feelings for Lee Joon(MBLAQ)"
By Staff Writer | October 05, 2012 10:32 AM EDT
SECRET Hyosung speaks about the scandal.
SECRET member Hyosung states her side to the 'Three way scandal' between MBLAQ Lee Joon and BEAST Kikwang.
Hyosung appeared on MBC Music "All the K-Pop" and stated, "MBLAQ Lee Joon keeps spreading rumors around. He keeps going around telling people that I like him."
Hyosung also recorded a video message to Lee Joon on the show stating that she is warning him not to spread any more rumors, making the audience laugh.
This episode will air today at 11 PM (KST).
© Copyright 2016 KpopStarz.com. All Rights Reserved.
Tagged : SECRET, Hyosung, MBLAQ, Lee Joon, MBC
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Singer Shim Mina shared what it feels like to date a man 17 years younger in an interview with OSEN.


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Toppy: Let see, bills, bills, catalog, doctor's notice, and Mom's magazine
Toppy was going through his family's mail when he discovered that he has gotten a letter himself. He opens it up to find it's from his friend Sheeba one of the Sabers who now lives in East Bay City. The Sabers are a group of four female saber tooth tiger girls who share the same powers as the Tops and are just as tall. Toppy has been keeping in touch with Sheeba the leader of the Sabers for months now.
Carla walked in from her den and saw Toppy grinning silly.
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here's your mail Mom.
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My friend WishesareEternal is open for commissions!
Above is a preview of her pixel artwork for $10 to $15 or 1000 Points.
Click the pixel image or check out her journal here. ->
Pixel Icon Commissions OpenSo with Valentines Day coming tomorrow, I did post an example of it but if you are interested send me a note or comment here
I might also stream tomorrow night if anyone's interested...I know V-day is a kinda sorta stressful day but I figured I'd be a good sport and do something neat for that day, I don't expect anything anyway on that day nor do I care much for it as I use to...wow that sounds like I'm being sore about it but eh...it's life.
Anyway pixel icons would look like these and they would cost $15 single or pairs.
If you are interested in other commissions you can also note me as well for any questions or inquiries.
Commissions Are Open-Please Read-If you are going to commission me please make sure you WANT to before you do.
I'm not sure 100% if I got the job I went for an interview yesterday and I guess I have to wait a few days for a call back...I'm super nervous because it's already going to be the beginning of the month and already bills are coming in.
My car issue is resolved I just need to get it inspected and I should be fine.
But right now I'm a little low on funds and it would help for now to get commissions, signal boosting would be great...and I don't want any donations or charity, I appreciate it but I rather give you something than just take money from someone..sorry that's just who I am as a person.
It's stressful doing this, but I'm gonna keep trying...Saturday I will be doing a huge stream and work on some stuff...I have an animation I have to work on soon, but it would really help...like REALLY help to get commissions and I'm not gonna cry or whine about it if I don't...I just have to keep trying.
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