Vested Interest - April 1999 Issue

The President’s Thoughts

As part of the ATLA’s “Keeping Our Families Safe” program, President Mark Mandell has launched the “Lawyer’s Challenge For Children”. The purpose is to provide representation to some of the 500,000 children in fostercare in the United States. The U.S. Department of Health and Human Services reports a 19% increase in the number of foster care children nationwide from1990 to 1995. A state by state “how-to” guide for attorneys will be available next summer and ATLA has scheduled training classes for the July convention in San Francisco.

The “Lawyer’s Challenge For Children” is an excellent opportunity to help children in need and to demonstrate once again the trial lawyers’ dedication in alleviating societal problems. The subject was discussed at the ITLA Board meeting in St. Louis. Significant changes in the way we practice law and try cases are being considered not only by the legislature, but through the Supreme Courtrule making process. Next summer the Committee on the Discovery Procedures of the Illinois Judicial Conference will be considering a proposal pursuant to Supreme Court Rule 3 to eliminate discovery depositions in civillitigation. This would make civil litigation similar to criminal litigation andwould mirror procedures utilized in other states. The proposal would be adrastic change, and, of course, significantly impact Rule 213 disclosure. It will be discussed by ITLA’s Civil Practice & Procedure Committee and a positionpaper developed. If you have any comments, kindly call or fax the ITLA office.

Representatives from ITLA as well as other large bar associations, willbe testifying at the Discovery Procedures Committee hearing in June ofthis year. In response to the Illinois Supreme Court decision in Boub v. Township of Wayne (1998), finding that bicyclists under certain circumstances arenot intended users of roads or bridges and establishing complete immunity for municipalities, a Senate Bill (SB839) was passed and sent onto the House. The bill would make local public entities liable for bicyclists’injuries where they are caused by wilful and wanton misconduct on the part ofthe municipality.

Because of the popularity of cycling on roadways and the addition of many new bike paths throughout the state, there has beenmuch discussion about liability for dangerous conditions. Suggestions range from complete immunity where the use is not intended, to liability forwilful and wanton misconduct, to requiring ordinary care in the maintenance of roads and highways for cyclists. A bill should emerge which offers someadditional protection to the cyclists. Reinstitution of the ITLA journal is underway. Articles are being finalized and transcripts from significant cases are being gathered. You can look forward to the first issue in late Spring of this year.

Martin J. Healy, Jr.
President, Illinois Trial Lawyers Association