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June 2007

President's Message

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Legal Features

Supreme Court Decision Throws Viability Doctrine of Revestment Into Question

When Credit Card Distributions Are Unexpectedly Reduced Under The BAPCPA

Petitions For Relief From Judgments Under 7351lcs 5/2-1401

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Bar Association
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DCBA Brief's President's Message
June 2007

BRAGGING RIGHTS

It’s time to brag about our Bar Association. If Time Magazine can make "you" the person of the year, I’m going to consider all of you as lawyers of the year. The DCBA is light years ahead of any other County Bar Association in this State. With this year, the gap is getting even wider.

OUR GOALS

Our first goal for the 2006-2007 fiscal year (which ends June 30, 2007) was to position our MCLE activities as a leader in Chicagoland. Our success in this endeavor has exceeded anyone’s expectations. We were one of the first three entities to be MCLE approved and throughout the year we held 45 MCLE activities wherein over 1,800 lawyers obtained around 4,400 hours of MCLE credit. We now regularly pack the Attorney Resource Center at lunchtime wherein our members can receive an hour of MCLE credit and a bite to eat, at little or no charge. Additionally, 260 lawyers attended our Mega Meeting and we had increasing attendance throughout the year at DCBA classroom and other venue MCLE events. We also conducted a basic skills series of seminars wherein 30 new or newer lawyers obtained the full 20 hours of basic skills education from some of the leading lawyers and judges (i.e., Judges Darrah and Bauer) that this County has to offer. In addition to our hard-working staff, MCLE chairs Judge John Demling and Judge William Ferguson, along with the MCLE Committee of ten (you know who you are) deserve our applause.

SOCIAL EVENTS

Who says Bar Association social events are a thing of the past? This year, collegiality, good food and good times were at or near an all time high: We had exceptional turn outs for the Installation, golf outing at Cantigny, Fall Fiesta at Emilio’s in Wheaton, a Ho-Ho-Ho good time at Arrowhead (sorry, Grinch), a "best ever" Judge’s Nite, a rockin’ good time with the Mirabella Roast, a law day with "Diversity" and an evening for the ages at Medinah. Over 1,200 lawyers attended or participated in these events. Beat that one!

Special thanks goes to the Entertainment Committee which consisted of Nancy Smith Lehrer, Gloria Norton and myself. Eric, Jacki, Chris and Glenda also took turns facilitating throughout the year. Chuck Roberts and Kevin Millon were the initiators of the Mirabella Roast. Joe and Lynn Mirabella deserve virtually all of the credit for the great way that came off. The firm of Mirabella & Kincaid continues to provide us with outstanding leadership, decade in and decade out.

DCBA BRIEF

Mazyar Hedayat and Ted Donner, in conjunction with the publication board, have excelled in providing us with a professional publication with local flavor and interest. Soon, you will be able to interact with this publication via its newly designed website at www.dcbabrief.org. They deserve our thanks and congratulations.

MEMBERSHIP

Don’t look now, but membership is growing. We now have well over 2,000 members. In the past decade, it has not been uncommon for bar associations to experience declining membership. The DCBA tide has turned and with our MCLE and other services, our sea will continue to swell and wash upon the shores of our neighboring counties.

OUR STAFF

Glenda, Gloria, Jacki, Chris and Eric have worked their tails off this year. I am sure you’ve noticed the "arc angel" every day at the Courthouse. Additionally, the number of MCLE and social events we’ve held with unprecedented attendance has been phenomenal. Behind the scenes, our publications and electronic communications have gone off well and have been well received. To say this has been a busy year would be an understatement.

JUDICIARY COMMITTEE

The Judiciary Committee is charged with the responsibility to investigate and report upon the qualifications of prospective judges and upon the retention of judges. Under the leadership of Judiciary Committee Chairperson, Keith E. (you can call him Chuck) Roberts, Jr., the Judiciary Committee has convened efficiently and flawlessly on three separate occasions, providing the Circuit Courts with timely and relevant information about the Eighteenth Judicial Circuit Associate Judge candidates. Please note that the Circuit Court’s selections this past year have all come from candidates on our "Highly Recommended" list. Additionally, we conducted an extensive poll where in excess of 540 members provided their opinions regarding Associate Judge retention. The power of the DCBA lies in its ability to assertively speak in a strong, unwavering voice. That has been accomplished this year without controversy.

COMMITTEE CHAIRS

With the advent of MCLE, our committee meetings have taken on a new look. Instead of a handful of lawyers chatting about issues of the day (not that there’s anything wrong with that), our committee meetings often fill rooms with the participation of leading authorities in the respective field and our judiciary. It is impossible to thank each and every one of you, but you all deserve a ton of credit and our thanks.

FINANCIAL STABILITY

Financially, we are stable and secure. As a last, final act of this fiscal year, we intend to "tithe" our net increase of fiscal year end income over expenses to Legal Aid and the remainder will be used to reduce our mortgage balance. I am thankful that we can also brag about our financial stewardship in addition to everything else that has occurred this year.

OUR FUTURE

We are bigger, stronger and faster (i.e., electronic communication and the website) than ever. The reason why "Every Member Matters" is that with the involvement, participation and voice of all of YOU, we shall in greater strength and numbers achieve the DCBA’s historic mission to "Advance the practice of law and promote the legal profession through community service and education." Our former and present leaders have built a strong spirit of legal community, promoted bench/bar relations and enhanced our profession’s public image while providing valuable services to our members, promoting civility, collegiality and increasing participation through the diversity of our membership. We have a strong leadership team coming up the ranks. Our Board of Directors is dedicated and sincere. Our future is bright.

THANKS FOR THE MEMORIES

This has been a once-in-a-lifetime opportunity and although exhausting, a real pleasure. I have especially enjoyed writing these Presidential novellas and toasting all of YOU at our social events. Time for some whoopability and baseball. Fred, Tom, Kent and Steve . . . . . keep the engine hot!

Glenn R. Gaffney is now retiring as your DCBA President. Along with his role as immediate Past President, Chair of the Judiciary Committee and President of the DCBF, he intends to bill a few more hours, spend more time with his family and relax. Happy trails.

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