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Annual ReportFiscal Year - 2009
MICHAEL J. PELLETIER ANNUAL REPORT - FISCAL YEAR 2009 INDEX
I. Personnel Changes Dan Kirwan, Deputy of the Fifth District Office who had been with the Agency for over 30 years, retired on December 31, 2008. Rita Peterson and Joyce Randolph, long time Assistant Appellate Defenders in the office, served as Acting Deputies for the remainder of the Fiscal Year. Recognizing the need to provide assistance to Deputies in supervising the work of the attorneys in offices in addition to the First District, Supervisor positions were created in the other district offices. The positions were filled by experienced Assistant Appellate Defenders who had been providing supervision and guidance informally for years. A two-day training seminar was held for Supervisors from September 24-25, 2008 in the First District office. Board of Commissioners The Board of Commissioners’ meeting was held on Friday, September 26, 2008, in the First District office. The Board approved the operating budget for FY2009 in the amount of $24,864,710. On November 21, 2008, the governor approved a supplemental appropriation of $1,602,109 from the FY2009 Budget Relief Fund 678. The Board also approved the establishment of a new employee service award - the Theodore A. Gottfried Award- which would be given to a member of the support staff. On February 6, 2009, the Board of Commissioners’ meeting was held in Chicago, Illinois, in the First District office. At the meeting, the Board approved the Supplemental Budget for Fiscal Year 2009 in the amount of $1,602,109 and the Proposed Budget for Fiscal Year 2010 in the amount of $28,880,063. The supplemental appropriation allowed us to fill 14 of our 25 vacancies and meet our other obligations. The Illinois Supreme Court appointed Thomas F. Sullivan, Jr. to the Board of Commissioners of the Office of the State Appellate Defender as the representative of the Illinois State Bar Association. Mr. Sullivan, whose term expires on January 14, 2015, succeeded Michael Metnick. The Fifth District Appellate Court appointed 4th Judicial Circuit Associate Judge Dennis E. Middendorff to serve as its representative on the Board of Commissioners. Judge Middendorff, whose term expires on May 18, 2015, succeeded Judge E. Kyle Vantrease. Committees The State Appellate Defender, Michael J. Pelletier, attended the quarterly meetings of the Illinois Criminal Justice Authority as a Board member. He attended meetings of the CLEAR Committee as a Commissioner. He also attended the National Legal and Defender Association Annual Meeting which included the meeting of the American Council of Chief Defenders. He was a panel speaker at the 5th annual Expungement Summit of the Office of the Clerk of the Circuit Court of Cook County. Charles M. Schiedel, Deputy Defender of the Supreme Court Unit, attended meetings of the Capital Reform Study Committee on behalf of the Agency. Seminars Death Penalty The Illinois Institute for Continuing Legal Education and the Office of the State Appellate Defender, Capital Trial Assistance Unit, sponsored the “Defending Illinois Death Penalty Cases in 2008" seminar. This two-day seminar was held on November 17 and 18 in Springfield and offered participants the opportunity to earn 12 hours of Illinois MCLE credit and was designed so that attendance would meet the requirements for Admission or Recertification to the Illinois Capital Litigation Trial Bar. On March 26 and 27, the Office of the State Appellate and the Illinois Institute for Continuing Legal Education sponsored the program, “Defending Illinois Death Penalty Cases Chicago - 2009." This 2-day seminar was held at the UBS Tower Conference Center in Chicago and was designed so that attendance would meet requirements for admission or recertification to the Illinois Capital Litigation Trial Bar under Supreme Court Rule 715. Attendance at this program also provided a maximum of 12 hours of Illinois MCLE. Identification Forensics On January 8, 2009, the Capital Trial Assistance Unit of the Office of the State Appellate Defender co-sponsored with the Illinois Institute for Continuing Legal Education a one-day seminar on Fingerprints and DNA Evidence. Trial Advocacy The Illinois Public Defender Association in conjunction with the Office of the State Appellate Defender presented a one-day seminar entitled: “Courtroom Advocacy Skills: An Evidence Workshop” on November 14, 2008 in Springfield, Illinois. This was our first effort to bring training to the downstate public defenders. The Illinois Public Defender Association and the Office of the State Appellate Defender in cooperation with the Law Office of the Cook County Public Defender presented the 2009 Illinois Public Defender Intensive Voir Dire Workshop and Extended Trial Advocacy Program. The week-long program was held from Monday, January 5, through Friday, January 9, at IIT-Chicago Kent College of Law in Chicago and was attended by 36 participants: 10 from Cook County, 12 from collar counties, and 14 from other parts of the State including Morgan, Marion, Mercer, McLean, Rock Island, Vermilion and Winnebago Counties. This intensive Voir Dire Workshop and the four day Trial Advocacy Program were specifically aimed at the development of the skills and techniques necessary to the effective defense of a criminal case, featuring the outstanding public defender, criminal defense and courtroom communications faculty who have made the past programs so successful. Under faculty supervision, attendees engaged in exercises in all phases of the criminal trial including voir dire and cross examination of key witnesses portrayed by actors in working groups of not more than nine with faculty rotated through each group. Exercises were videotaped and preceded by lectures and followed by critiques and demonstrations. On April 17, 2009, the Office of the State Appellate Defender and the Illinois Public Defender Association co-sponsored a Regional Defender Advocacy Skills Program at Loyola University School of Law in Chicago. This program, “IMPACT” Evidence: Social Networking Site Postings (Facebook, Myspace, YouTube); Surveillance Cameras; Traffic Stop Videos and More - How They Can Help the Defense,” specifically focused on the defense use of electronic as well as other “impact” defense evidence. The morning lecture/demonstration presentations were followed by an afternoon workshop where participants used innovative technology to master the skills and techniques covered in the morning. Over 50 Illinois Public Defenders and defense attorneys attended the morning session. Due to limited capacity, 21 of those, all Public Defenders, attended the afternoon workshop session. Public Defenders from Cook, DuPage, Winnebago, Lake, Will, Kankakee, and Peoria counties participated in this seminar. Caseload Statistics In Fiscal Year-2009, the Agency was appointed to 3046 new cases. During Fiscal Year-2009 the Agency disposed of 2915 cases. The backlog of unbriefed cases on June 30, 2008, was 2656 and on June 30, 2009, it was 2646. We reduced our existing backlog by 10 cases.
Intranet Site During Fiscal Year 2009, the agency established the OSAD Information Center, our intranet site. This is now the place where all agency employees go to view everything from the status of open cases to the agency’s Employee Policy and Procedures. The Information Center has increased the efficiency of how information is disseminated and has reduced paper usage and the need for large attachments in emails, saving the agency resources and money. Internet Web Site During Fiscal Year-2009, the Agency continued to provide an Agency web site. Among the materials available on the site are Agency training programs and publications (including the Illinois Criminal Law Digest, Handbook on Brief Writing and Oral Argument, and Summary of Issues Pending in the Illinois Supreme Court), and Annual Reports from prior years. The web site also contains information on legal issues, as well as the Report of the Governor’s Commission on Capital Punishment and a link to the Illinois Supreme Court’s listing of members of the Capital Litigation Trial Bar. Other available items include summaries of death penalty decisions and pending capital issues, as well as information on obtaining death penalty materials for attorneys defending capital cases. Most documents on the site are available for downloading. In keeping with the mandate of the General Assembly, the web site includes an extensive expungement section containing instructions, forms, and contact information. The State Appellate Defender site also contains links to other Internet sites which have court opinions and other materials useful to legal researchers. The Appellate Defender site is located at http://www.state.il.us/defender. Other The Office of the State Appellate Defender was audited for FY-2007 and FY-2008 by the Illinois Auditor General. A copy of the audit was sent to each commissioner. Illinois Criminal Justice Information Authority Grants During Fiscal Year-2009, the Agency was the recipient of one grant from the Illinois Criminal Justice Information Authority. Systemic Sentencing Appeals Cases - In October 2003, the Agency began receiving a grant continuing the employment of a unit of assistant appellate defenders to work exclusively on sentencing issues. In FY2009 the grant in the amount of $189,529 continued to provide funding for three attorneys. II. The published opinions set out below illustrate a sampling of the relief obtained by State Appellate Defender attorneys between July 1, 2008 and June 30, 2009. Each case includes the name of the attorney who handled it. In addition to published opinions, Agency attorneys obtained relief in more than 750 unpublished orders. Illinois Supreme Court People v. Davenport, 229 Ill.2d 676, 896 N.E.2d 789 (2009) Defendant was “seized” where a reasonable person traveling from Colorado to Michigan would not have felt free to leave; the officer who was conducting the traffic stop said defendant could leave but only without her vehicle. Because the officer lacked a reasonable, articulable suspicion of criminal activity, the seizure was improper. (Bryon Kohut) People v. Davis, 231 Ill.2d 349, 899 N.E.2d 238 (2008) After an off-the-record discussion, the trial court sua sponte raised a Batson issue with respect to two jurors. The Supreme Court found that the trial court erred by failing to follow the three-step procedure for evaluating Batson claims, and remanded the cause for a new Batson hearing. (Douglas Hoff) People v. Naylor, 229 Ill.2d 584, 893 N.E.2d 653 (2008) A prior conviction is admissible only if committed within 10 years prior to trial, rather than 10 years prior to commission of the crime at issue. The Court also found that the plain error rule applied; the evidence was closely balanced and credibility was the only issue. Reversed and remanded for a new trial. (Patrick Cassidy) People v. Patrick, 233 Ill.2d 62, 908 N.E.2d 1 (2009) Generally, the trial court should rule before trial on motions in limine to preclude impeachment with prior convictions. If there is a valid reason to delay the ruling, the trial judge must make an adequate record to justify the delay. The court declined to extend its ruling to a co-defendant who did not testify when he learned that the trial court deferred its ruling. (Sarah Curry) People v. Smith and Titus, 233 Ill.2d 1, 906 N.E.2d 529 (2009) Where the defendant is charged with both first degree murder and felony murder, and the latter offense carries a lesser sentence, the trial court errs by refusing a defense request to give separate verdict forms to the jury. (Christopher Buckley/Katherine Donahoe) Illinois Appellate Court In the Interest of: Angelique E., 389 Ill.App.3d 430, 907 N.E.2d 59 (1st Dist. 2009) Aggravated battery is not a “forcible felony” requiring a five-year probation term where there was no evidence that the aggravated battery resulted in great bodily harm, permanent disability, or disfigurement. (R. Christopher White) In re Timothy P., 388 Ill.App.3d 98, 903 N.E.2d 28 (1st Dist. 2009) A juvenile who pleads guilty should be admonished in a manner similar to an adult, including the maximum punishment. In the case of a juvenile, the trial judge should state that the juvenile faces an indeterminate term in the Juvenile Department of Corrections, which cannot exceed the term that could be served by an adult. (Levi Harris) In re K.S., 387 Ill.App.3d 570, 900 N.E.2d 1275 (1st Dist. 2008) The trial court should have held an in camera hearing concerning school records requested by a minor charged with aggravated criminal sexual abuse; although students had privacy interest in their records, as the sole eyewitnesses to the offense their credibility was critical. (Alan Goldberg) In re Marcus W., 389 Ill.App.3d 1113, 907 N.E.2d 949 (4th Dist. 2009) Minor's probation revocation and commitment were vacated; due process was violated by the State's failure to provide notice of the proceedings to either the minor's parents or the guardian who was named in the original delinquency petition. Prejudice arose because no concerned adult attended any of the probation revocation proceedings on behalf of the minor. (Jacqueline Bullard) People v. Adams, 388 Ill.App.3d 762, 903 N.E.2d 892 (3rd Dist. 2009) The cause was remanded for a new hearing to determine indigency where the lower court forced defendant to proceed to trial pro se where he was statutorily entitled to counsel, was indigent, requested counsel, and never explicitly or impliedly waived his right to counsel. (Robert Agostinelli) People v. Alfaro, 386 Ill.App.3d 271, 896 N.E.2d 1077 (2nd Dist. 2008) Defendant’s videotaped statements should have been suppressed because he was subjected to custodial interrogation without the benefit of Miranda warnings; statements obtained after warnings were given also should have been suppressed because detectives used the "question first, warn later" technique condemned by the U.S. Supreme Court in Missouri v. Seibert and by the Illinois Supreme Court in People v. Lopez, 229 Ill. 2d 322 (2008). (Kathleen Weck) People v. Anderson, 389 Ill.App.3d 1, 904 N.E.2d 1113 (1st Dist. 2009) Plain error occurred where, 20 days after amended Supreme Court Rule 431(b) went into effect, the trial judge failed to ask the jury about all of the Zehr factors, as is required by the rule. (Brian Koch) People v. Beauchamp, 389 Ill.App.3d 11, 904 N.E.2d 1014 (1st Dist. 2009) Where there was evidence that defendant could have removed a rear window from an SUV without entering the vehicle, a burglary conviction was reduced to the lesser included offense of theft. (Steven Becker) People v. Blan, ___ Ill.App.3d ___, ___ N.E.2d ___ (2nd Dist. 2009) (No. 2-07-0167, 6/9/09) The trial court committed reversible error by refusing to instruct the jury on the lesser offense of possession, where there was at least “some” evidence that the defendant intended to deliver only 3.6 grams of the 31 grams of cannabis seized. (Linda A. Johnson) People v. Boatman, 386 Ill.App.3d 469, 898 N.E.2d 277 (4th Dist. 2008) Defendant's motion for DNA testing was erroneously denied because defendant did not allege that the technology required for the testing was unavailable at the time of trial; 725 ILCS 5/116-3(a) was amended in October 2007 to eliminate such a requirement. (Charles M. Schiedel) People v. Bonner, 385 Ill.App.3d 141, 895 N.E.2d 99 (2nd Dist. 2008) Convictions for delivery of a controlled substance reversed because the State did not disprove an entrapment defense; defendant testified that a police informant who was facing serious criminal charges had sex with him in exchange for delivery of the drugs. (Vicki Kouros) People v. Bryant, 391 Ill.App.3d 228, 907 N.E.2d 862 (5th Dist. 2009) Trial counsel was ineffective where he told the jury in the opening statement that defendants would testify, but they ultimately did not, and where he failed to call certain State’s witnesses as witnesses for the defense after stating in the jury’s presence that he would do so. (John Bryant) People v. Calderon, ___ Ill.App.3d ___, ___ N.E.2d ___ (1st Dist. 2009) (No. 1-07-2756, 6/29/09) Extended term sentences for robbery were improper where robbery was not the most serious offense of which defendant was convicted. (Jennifer Bontrager) People v. Caliendo, 391 Ill.App.3d 847, ___ N.E.2d ___ (2nd Dist. 2009) (No. 2-07-0121, 5/20/09) Trial court recharacterized a §2-1401 petition as a post-conviction petition and summarily dismissed the pleading without notice to the defendant; the Appellate Court reversed and remanded for compliance with People v. Shellstrom. (Bruce Kirkham) People v. Carter, 389 Ill.App.3d 175, 905 N.E.2d 874 (1st Dist. 2009) Convictions for possession of cocaine and cannabis with intent to deliver reversed and remanded where the judge failed to give proper IPI instructions for lesser included offense. (John Koltse) People v. Cowart, 389 Ill.App.3d 1046, 907 N.E.2d 1 (1st Dist. 2009) Sentences which exceed maximum authorized for offense were reduced in post-conviction appeal; allegation that plea agreement was unconstitutional alleged gist of constitutional issue. (Robert Hirschhorn) People v. Daniels, 388 Ill.App.3d 952, 905 N.E.2d 349 (2nd Dist. 2009) People v. Whitfield, 217 Ill.2d 177 (2005) was violated where court’s admonitions did not link mandatory supervised release terms to the defendant’s plea; defendant must be informed of MSR requirement before he pleads guilty, not after. (Darren E. Miller) People v. Daniels, 391 Ill.App.3d 750, 908 N.E.2d 1104 (1st Dist. 2009) Trial court’s findings on defendant’s ability to understand Miranda warnings were not supported by the manifest weight of the evidence where the judge disregarded the testimony of all the experts and based ruling on his personal opinion. (Aliza Kaliski) People v. Davis, ___ Ill.App.3d ___, ___ N.E.2d ___ (1st Dist. 2009) (No. 1-06-3748, 6/26/09) The trial judge improperly introduced new evidence by responding “no” when asked if the possibility of a death sentence had been used as a bargaining chip to obtain a statement; the record contained no evidence on that point. (Maya Szilak) People v. Falls, 387 Ill.App.3d 533, 902 N.E.2d 120 (1st Dist. 2008) At a trial for resisting a peace officer, defendant denied striking the sheriff in question. During deliberations, the jury sent out a note asking if resisting arrest could be verbal, rather than physical. Because there was evidence that the defendant did not touch the sheriff and merely offered verbal resistance, the jury should have been advised that under Illinois law verbal resistance is insufficient. In addition, the trial court should have allowed the defendant to introduce testimony as to her reputation for truthfulness. Reversed and remanded for a new trial. (Christopher Kopacz) People v. Givens, 384 Ill.App.3d 101, 892 N.E.2d 1098 (1st Dist. 2008) Where police did not have probable cause to arrest defendant, there was no evidence that the police were in hot pursuit of the defendant when they entered the apartment, defendant had privacy interest in bedroom in friend’s apartment, and trial counsel had no strategic reason for failing to pursue a motion to quash and suppress, the cause was remanded to afford defendant an opportunity to file a motion to quash arrest and suppress evidence. (Elizabeth Botti) People v. Gonzalez, 385 Ill.App.3d 15, 895 N.E.2d 892 (1st Dist. 2008) Defense counsel was ineffective for failing to tender an instruction defining the term “reasonable belief” or explaining the State’s burden of proof on an affirmative defense. (Elizabeth Botti) People v. Harris, 388 Ill.App.3d 1007, 904 N.E.2d 1200 (3rd Dist. 2009) Plain error occurred where, unknown to defense counsel, defendant was required to wear an electronic security belt during trial. The defendant testified that he decided to forego testifying out of fear that belt might go off. (Fletcher P. Hamill) People v. Heinz, 391 Ill.App.3d 854, ___ N.E.2d ___ (2nd Dist. 2009) (No. 2-07-0139, 6/1/09) Trial counsel was ineffective for failing to challenge the State concerning the evidence underlying its request for restitution; the cause was remanded for a hearing to determine actual damages. In addition, the court vacated theft conviction as a lesser included offense of burglary and ordered the mittimus corrected to reflect the proper amount of pre-trial custody. (Deborah Pugh) People v. Herrin, 385 Ill.App.3d 187, 895 N.E.2d 1075 (3rd Dist. 2008) Order finding that defendant violated her probation was reversed; trial court had no jurisdiction to act where the 12-month term of probation had expired more than a month before the revocation petition was filed. The probation term was not tolled where probation officer filed a “Statement Charging Violation of Probation and Petition to Revoke Probation.” (Verlin R. Meinz) People v. Hogan, 388 Ill.App.3d 885, 904 N.E.2d 1036 (1st Dist. 2009) Trial court abused its discretion by deferring ruling on motion to preclude impeachment with prior burglary conviction; the error was not harmless beyond a reasonable doubt. (Jennifer Bontrager) People v. Hogan, 389 Ill.App.3d 91, 904 N.E.2d 1144 (1st Dist. 2009) Trial court failed to follow three-step process for evaluating Batson objection; State’s reason for excluding an African-American veniremember was pretextual where a similarly situated white veniremember had not been challenged. (Caroline Bourland) People v. Jocko, 389 Ill.App.3d 247, 906 N.E.2d 38 (1st Dist. 2009) Krankel requirement that trial court must determine basis for pro se allegation of assistance of counsel applies to pretrial allegations as well as those made after trial; cause remanded for inquiry into defendant’s claims. (Katherine Donahoe) People v. Johnson, 388 Ill.App.3d 199, 902 N.E.2d 1265 (3rd Dist. 2009) Trial court’s ex parte communication with the jury deprived defendant of his constitutional right to be present and to the assistance of counsel at all critical stages of the proceedings. (Robert Agostinelli) People v. Jones, 386 Ill.App.3d 665, 899 N.E.2d 328 (3rd Dist. 2008) Where the uncontradicted expert testimony at the fitness hearing was that defendant was unfit, and the only evidence to the contrary was defendant’s own statement, the jury’s conclusion that defendant was fit to stand trial was against the manifest weight of the evidence. (Kenneth D. Brown) People v. Love, 385 Ill.App.3d 736, 896 N.E.2d 1062 (2nd Dist. 2008) For the second time, the case was remanded where defense counsel filed her 604(d) certificate as required, but verbally indicated that she had not read the transcript of the guilty plea hearing. (Linda A. Johnson) People v. Mendez, 387 Ill.App.3d 311, 900 N.E.2d 299 (2nd Dist. 2008) A post-conviction petition alleged the gist of a Whitfield claim where mandatory supervised release was not mentioned when the terms of the plea were recited to the court or in the written judgment order, and came up only when the court told the defendant of the potential penalties if his offense was charged as a Class X felony. (Barbara R. Paschen) People v. Morgan, 385 Ill.App.3d 771, 896 N.E.2d 417 (3rd Dist. 2008) On appeal from a fully negotiated plea and as a matter of plain error, three of defendant’s four convictions of home invasion were reversed on one-act, one-crime principles; defendant did not raise the issue in his motion to withdraw the guilty plea. (Kerry J. Bryson) People v. Mott, 389 Ill.App.3d 539, 906 N.E.2d 159 (4th Dist. 2009) Trial court order granting defense motion to suppress was affirmed where officer stopped defendant's car for having an air freshener hanging from the rearview mirror, which the officer deemed to pose a “material obstruction” to her view. (Judith Libby) People v. Owens, 384 Ill.App.3d 670, 894 N.E.2d 187 (3rd Dist. 2008) Counsel rendered ineffective assistance by failing to consult with client about appealing sentence after the defendant expressed an interest in doing so; bare notice of appeal did not alleviate prejudice. (Santiago A. Durango) People v. Stiff & Ragusa, 391 Ill.App.3d 494, 904 N.E.2d 1174 (5th Dist. 2009) Victim’s statement to police was not admissible as dying declaration where there was no evidence that victim knew he was dying (though he had been set on fire and had third degree burns over 77% of his body); however, trial court’s finding that the statements were not admissible as a spontaneous declaration was reversed where the time lapse between the incident and the statement “was obviously not extensive.” (Michelle A. Zalisko) People v. Stoffel, 389 Ill.App.3d 238, 907 N.E.2d 79 (5th Dist. 2009) Trial court abused its discretion by failing to recharacterize the defendant's petition for relief from judgment as a post-conviction petition; defendant and appointed counsel had repeatedly requested that the court treat the pleadings as a post-conviction petition, and the circuit court did so during the initial proceedings. (Duane E. Schuster) People v. Watkins, 387 Ill.App.3d 764, 901 N.E.2d 964 (3rd Dist. 2009) In a drug delivery case, $100 street value fine was reduced to $20 based on the undercover officer’s testimony that he and defendant had agreed on that price. (Mark D. Fisher) People v. Williams, ___ Ill.App.3d ___, ___ N.E.2d ___ (1st Dist. 2009) (No. 1-05-0810, 6/30/09) Rules and regulations of the police department, which prohibited the dissemination of confidential information, were not “laws” as required to commit official misconduct. Conviction reversed. (Brian McNeil) People v. Wilson, ___ Ill.App.3d ___, ___ N.E.2d ___ (1st Dist. 2009) (No. 1-06-2072, 6/8/09) Defense counsel ineffective for declining to make a closing argument; rarely will it be considered sound trial strategy to waive closing argument in a jury trial. Furthermore, defense counsel was ineffective for failing to object to the introduction of a revolver that was never connected to the offenses at issue. (Kari Firebaugh)
III. A. Introduction [PREVIOUS] [NEXT] he Office of the State Appellate Defender is a State of Illinois agency created by the State Appellate Defender Act (725 ILCS 105/10, formerly Ill.Rev.Stat., Ch. 38, §208). The primary function of the Agency is stated in §105/10 of the Act: "The State Appellate Defender shall represent indigent persons on appeal in criminal and delinquent minor proceedings, when appointed to do so by a court under a Supreme Court Rule or law of this State." The Office of the State Appellate Defender does not initiate or generate the criminal appeals it handles. Criminal appeals are brought by defendants convicted of crimes and the Agency does not appear as counsel on an appeal until appointed to do so by a court, which makes the determination that the defendant is indigent and qualifies for the Agency's services. Pursuant to the State Appellate Defender Act (§105/9), the Agency maintains an office in each of the five Judicial, or Appellate Court, Districts in Illinois. There is an Appellate Court and an Appellate Defender District Office in Chicago, Elgin, Ottawa, Springfield and Mt. Vernon. The Agency has its Administrative Office in Springfield. The Supreme Court Unit is also located in Springfield and is responsible for handling death penalty cases which are appealed directly from the Circuit Court to the Illinois Supreme Court. The Capital Post Conviction Unit is located in Chicago and is responsible for providing trial and appellate representation in capital post-conviction proceedings. The Capital Trial Assistance Unit has three offices, one located in Chicago, one in Springfield and one in Belleville. The mission of this office is to ensure that indigent defendants facing the death penalty receive the assistance of zealous, dedicated attorneys, armed with resources adequate to properly investigate and defend their cases at trial and at sentencing. Each District Office, the Supreme Court Unit, the Capital Post Conviction Unit, and the Capital Trial Assistance Unit has a Deputy Defender who is responsible for the administration and supervision of that office. In 1986, the Office of the State Appellate Defender was nominated to receive the Clara Shortridge Foltz Award. This award is given jointly by the American Bar Association and the National Legal Aid and Defender Association for outstanding achievements in providing criminal defense services by a defender office. The award is named for the founder of the nation's public defender system. In October 1986, the Office of the State Appellate Defender was presented the Clara Shortridge Foltz Award for "dedicated service and outstanding achievements in the delivery of criminal defense services." The Agency received numerous letters in support of its nomination. B. Historical Background [PREVIOUS] [NEXT] In 1956, the United States Supreme Court held that the State of Illinois had the constitutional obligation to provide a trial court transcript, without cost, to indigent defendants for criminal appeals (Griffin v. Illinois, 351 U.S. 12). In 1963, the Court held that indigent defendants had the constitutional right to have an attorney appointed to represent them in their criminal appeals. (Douglas v. California, 372 U.S. 353; Milani v. Illinois, 386 U.S. 12). In 1985, the Court further held that there is a constitutional right to the effective assistance of counsel in a criminal appeal. (Evitts v. Lucey, 469 U.S. 387). The Illinois Constitution provides for the right to appeal (Art. VI, §6) and this right has been implemented by both legislation (725 ILCS 5/121-13, 725 ILCS 105/1) and Illinois Supreme Court Rules (Rules 607 and 605). In the late 1960's, a statewide survey funded by the Illinois Law Enforcement Commission was conducted by the Illinois Public Defender Association to ascertain the needs of indigent criminal defendants in Illinois. This study, which included personal interviews with judges, State's Attorneys and defense lawyers, found that there was an urgent need for experienced, qualified lawyers in criminal appeals, including a need to change the manner in which lawyers for indigent criminal appeals were provided. In an attempt to meet some of the needs disclosed by the study, the Illinois Law Enforcement Commission awarded a grant, effective January 1, 1970, to create the Illinois Defender Project. This grant provided for regional appellate defender offices in the Second, Third, Fourth, and Fifth Judicial, or the Appellate Court, Districts. During its three years of existence, the Illinois Defender Project was appointed in about 2,000 criminal appeals and maintained a consistently excellent record of performance. In an attempt to continue the work of the Illinois Defender Project and meet the need for appellate counsel in criminal appeals, a bill was introduced in the Illinois Legislature to create a state-wide Appellate Defender Office. This bill, the "State Appellate Defender Act," was signed into law by Governor Ogilvie on August 18, 1972, and became effective on October 1, 1972. The Illinois Supreme Court appointed Theodore A. Gottfried as the first State Appellate Defender in December, 1972, and he has been reappointed every four years thereafter. He retired after 35 years on December 31, 2007. The Office of the State Appellate Defender presently represents virtually all indigent criminal appellants in Illinois. If the Office of the State Appellate Defender is not appointed to represent an indigent defendant in a criminal appeal, the respective counties are required to pay the cost for appointed counsel on appeal. In a criminal appeal, the Office of the State Appellate Defender serves on the defense side of the case, as the counterpart of the Illinois Attorney General's Office (which represents the prosecution in the Illinois Supreme Court), the State's Attorney's Appellate Prosecutor, and the various State's Attorneys. C. Work of the Agency Generally [PREVIOUS] [NEXT] Generally Any indigent defendant convicted of a felony or a Class A misdemeanor or other offense in which imprisonment is imposed, and any minor adjudicated as delinquent, is entitled to the services of the Office of the State Appellate Defender upon appointment by a court. The appeal process normally commences when the defendant files a notice of appeal in the Circuit Court. The Record on Appeal is then prepared. The Record on Appeal includes a verbatim transcript of the proceedings (such as testimony of witnesses, arguments of counsel, rulings by the judges, etc.) and all documents filed in the case (such as indictments or information, written motions, jury instructions and verdicts, etc.). Upon the Agency's appointment as appellate counsel, the appeal is assigned to an Assistant Appellate Defender. This lawyer must then read the entire Record on Appeal in order to become totally familiar with all of the proceedings which occurred in the Circuit Court - ranging from pre-trial matters, the trial itself, post-trial motions, and the sentencing stage. Occasionally, certain portions of the record are missing and the lawyer must obtain such missing portions. In order to ensure that no possible legal issue is overlooked, the lawyer interviews the client and communicates with the trial lawyer. Additionally, pursuant to Supreme Court Rule 607, the Agency has the responsibility of delivering a copy of the Record on Appeal to the client. After a complete and careful reading of the Record on Appeal, the lawyer must note and research every potential legal issue which might be raised on appeal. Once the issues, along with the authority in support of the issues, are decided upon, the lawyer begins the preparation of the appellant's opening brief. The brief must include several specific sections, which are required by Ill.Sup.Ct. Rules 341 and 342 - Points and Authorities, Nature of the Case, Issues Presented for Review, Jurisdiction, Statutes Involved, Statement of Facts, Argument, Conclusion and Appendix. The preparation of the brief requires a thorough understanding of the Circuit Court proceedings - pleadings, motions, objections, rulings, testimony, exhibits, and arguments, contained in the Record on Appeal (the transcript is often lengthy because about 200 typewritten pages are required for each day of trial). The appellant's brief is required to contain a complete and accurate description of all facts relevant to the appeal. Additionally, legal arguments in the brief must be supported by the citation and discussion of authority, such as statutes, decisions of the Illinois Supreme and Appellate Courts, decisions of the United States Supreme Court, or decisions of courts in other jurisdictions. When a draft of the brief is completed, it is reviewed by the Deputy Defender or a senior assistant defender. The reviewing lawyer reads the draft brief to ensure that it contains all relevant facts and covers every possible legal argument and legal authority accurately and in proper form. The reviewer may suggest that changes be made. Upon final review and approval by the reviewer, the brief is prepared in final form and filed in the reviewing court. When a conscientious examination of the Record on Appeal and thorough research reveal that any issues that could be raised on appeal are wholly frivolous and without merit, the Agency files an Anders brief. Such a brief, named after the decision in Anders v. California, 386 U.S. 738 (1967), requests permission to withdraw from the appeal and includes a supporting document explaining the facts and legal authorities concerning why there are no arguable appellate issues. Before an Anders brief is filed, the appeal is subjected to intensive review to ensure that it is, in fact, meritless. Every year, there are Anders briefs filed by the Agency. After the Agency's opening appellant brief is filed, the prosecution then prepares an appellee's brief. Following the filing of the appellee's brief, the Agency lawyer may file a reply brief, which responds to the arguments and authorities presented by the prosecution in the appellee's brief. Once the briefs have been filed, an appeal may then be scheduled for oral argument. Oral arguments are usually limited to 30 minutes for each side and are presented to a panel of three Appellate Court Justices. The appeal is then taken under advisement and a written opinion or order is prepared by the court. Following the decision of the Appellate Court, either party may file a Petition for Rehearing and may ultimately seek review in the Illinois Supreme Court by filing a Petition for Leave to Appeal. When the Supreme Court grants a Petition for Leave to Appeal, additional briefs are usually required and oral argument is presented. After oral argument, the case is taken under advisement and a written opinion or order is prepared. A Petition for Rehearing may then be filed by either party. To ensure that Agency clients receive high quality and prompt representation, the Agency has implemented lawyer productivity standards. Every document filed by Agency lawyers is required to be "of the highest quality, filed in a timely manner, and otherwise in full compliance with appropriate court rules." (Office of the State Appellate Defender, Policies and Procedures Manual (2008) Ch. 38, A, 4 a.) Additionally, consistent with the National Legal Aid and Defender Association Standards for Appellate Defender Offices, the Agency has implemented "Minimum Work Standards" (Policies and Procedures Manual (2008) Ch. 38, A, 4 b.) D. Capital Cases [PREVIOUS] [NEXT] On June 21, 1977, a statute allowing the imposition of the death penalty became effective in Illinois. This statute, as well as the Illinois Constitution and Illinois Supreme Court Rules, requires an automatic appeal to the Illinois Supreme Court in all cases in which a person is sentenced to death. The representation of a person sentenced to death is an awesome responsibility, requiring extraordinary legal knowledge and meticulous preparation. The consequences of less than the highest quality of legal representation are obvious and irreversible. The United States Supreme Court has pointed out that the death penalty is not merely a more severe sentence, but it is an entirely different kind of sentence, requiring special procedures. For example, Chief Justice Burger, in Lockett v. Ohio, 438 U.S. 586 (1978), stated: "We are satisfied that this qualitative difference between death and other penalties calls for a greater degree of reliability when the death sentence is imposed." The Illinois Legislature has also recognized the substantial difference between the death penalty and other criminal penalties. The death penalty statutes require unique sentencing procedures, including a hearing before a jury, an eligibility phase at which a statutory aggravating factor must be proved beyond a reasonable doubt, an aggravation-mitigation phase at which the jury is required to weigh all aggravating evidence and all mitigating evidence, and the imposition of the death sentence only by an unanimous jury verdict. Additionally, the Illinois Supreme Court treats death penalty cases differently by providing for automatic perfection of such appeals, allowing appointment of two lawyers giving priority to death penalty cases over all others, and by permitting a death sentence to be carried out only by final order of the Supreme Court. Appeals in death penalty cases are more difficult and time consuming than non-capital appeals. Capital cases usually consist of records which are extremely large, frequently containing thousands of pages. Most capital cases involve lengthy jury trials, with many motions, objections and evidentiary disputes. The jury selection procedure in most capital cases is much longer because the prospective jurors are "death penalty qualified,” and the parties are entitled to twice as many peremptory challenges. The sentencing hearing in capital cases is similar to a trial itself. It is usually held before a jury (whereas sentencing hearings in other cases are not) and generally involves the calling of numerous witnesses and lengthy testimony pertaining to the entire background of the defendant. Additionally, capital sentencing hearings contain many motions and arguments concerning the interpretation and application of the death penalty statute, constitutional issues, and questions concerning the type of aggravation and mitigation evidence that may be introduced. In non-capital appeals there is rarely an issue pertaining to the selection of the jury and seldom more than a single issue concerning sentencing; however, in capital cases there are numerous issues involving the selection of the jury and the sentencing hearing. The difference in difficulty between capital and non-capital appeals can be illustrated by the written decisions of the Illinois Supreme Court. In capital cases, unless the Court reversed the case on a single issue or two, the opinions are normally twenty pages or more -- sometimes thirty or forty pages. In non-capital cases, the Supreme Court opinions are usually less than ten pages. For example, in non-capital criminal cases decided by the Court in 1986, only two opinions were more than ten pages and twelve opinions were six pages or less. Additionally, the Supreme Court generally issues opinions in non-capital cases in the term of court immediately following the term in which the case was orally argued. In capital cases, due to their difficulty, the opinions are usually issued at least three or four terms later. The Office of the State Appellate Defender has recognized and confronted the difficult and unique responsibility of representing individuals sentenced to death. In 1977, the Agency initiated a procedure to assure the highest quality of representation for all clients sentenced to death. A group of six experienced Agency lawyers was organized to become thoroughly knowledgeable of all aspects of the death penalty. This death penalty group engaged in extensive research, kept abreast of court decisions and legislation dealing with the death penalty, prepared numerous detailed memorandums, and organized a large amount of materials. The materials prepared and assembled by the death penalty group proved to be extremely valuable in assisting lawyers and saving them many hours of research time in the handling of death penalty cases at both the trial and appeal level. E. Supreme Court Unit [PREVIOUS] [NEXT] It was originally envisioned that the death penalty group of lawyers would handle, quickly and effectively, all death penalty appeals to which the Agency was appointed. However, due to the time and difficulty involved in such appeals and the increase in Agency appointments, it became clear that this group of lawyers could not handle all of the death penalty cases. Thus, death penalty appeals were assigned to various experienced lawyers in the Agency's District Offices, with two lawyers assigned to each case. In Fiscal Year-1983, the Agency received funding to establish a Supreme Court Unit. This Unit, a separate office similar to a District Office, is assigned to and has the primary responsibility for death penalty cases. The lawyers in the Supreme Court Unit handle death penalty appeals and maintain a thorough knowledge of death penalty matters as well as assist other Agency lawyers who are assigned to death penalty appeals. F. Capital Post Conviction Unit [PREVIOUS] [NEXT] The Supreme Court Committee on Post-Conviction Representation in Death Penalty Cases presented its final report to the Supreme Court in November, 1988. The report recommended a new division of the State Appellate Defender to coordinate and provide support to appointed lawyers who provide representation in these cases. In the Fall Session of 1989, legislation was passed and funds were appropriated by the State of Illinois and the Federal Government to establish the Capital Resource Center. The Capital Resource Center recruited and maintained a panel of private attorneys willing to represent death row inmates in post-conviction proceedings. Illinois attorneys responded enthusiastically to participating on the Panel of Attorneys. Federal funding for the Capital Resource Center ceased in Fiscal Year-1996. As a result, the office was renamed the Capital Litigation Division of the Office of the State Appellate Defender. Effective January 1, 2005, the Capital Litigation Division was renamed the Post Conviction Unit, and on May 1, 2008, the Post Conviction Unit was renamed the Capital Post Conviction Unit. The Office of the State Appellate Defender continues to request and receive state funds to maintain the work of this office. G. Capital Trial Assistance Unit [PREVIOUS] [NEXT] The Capital Trial Assistance Unit (formerly known as the Death Penalty Trial Assistance Unit) came into existence on January 1, 2000. It was created by an amendment to the State Appellate Defender Act, providing that the State Appellate Defender “may in cases where a death sentence is an authorized disposition, provide trial counsel with the assistance of expert witnesses, investigators and mitigation specialists from funds appropriated to the State Appellate Defender specifically for that purpose by the General Assembly.” 725 ILCS 105/10(c)(5). The mission of this office is to ensure that indigent defendants facing the death penalty receive the assistance of zealous, dedicated attorneys armed with resources adequate to properly investigate and defend their cases at trial and at sentencing. H.Expungement Unit [PREVIOUS] [NEXT] Created by statutes 20 ILCS 2630/11 and 725 ILCS 105/10.6, the Expungement Unit provides information on the expungement and sealing process to eligible ex-offenders. The September 2008 Instruction Guide, all necessary court forms and links to other useful information are all available on the Agency website. The Expungement Unit also maintains two toll-free hotlines (one in Springfield, one in Chicago), as well as email availability for those seeking information on expungement and sealing. Additionally, the two expungement attorneys spend much time speaking to groups regarding these issues. IV. A. Administrative Office The Administrative Office of the Agency is located at 400 West Monroe, Suite 202, in Springfield. The Administrative Office provides supervision and assistance to the Agency’s offices and maintains the Agency records, such as payroll, purchasing, inventory and employee personnel files. The Administrative Office prepares and distributes various materials which record and assist the work of the Agency. Such materials include: a comprehensive Annual Report; detailed monthly and annual statistics; the Illinois Criminal Law Digest (a summary of significant court decisions distributed monthly to Agency lawyers); the Illinois Handbook of Criminal Law Decisions (a summary of hundreds of court decisions arranged under more than 400 topics); an Employees Manual; a Handbook on Briefs and Oral Arguments, as well as other educational and training materials. The Administrative Office also maintains a brief bank containing the briefs filed by Agency lawyers. David Bergschneider, the Deputy State Appellate Defender, edits the monthly Illinois Criminal Law Digest which is distributed to Agency lawyers and public defenders throughout Illinois. The Digest contains a summary of noteworthy court decisions handed down during the month. He also prepares and distributes a summary of non-capital criminal cases pending in the Illinois Supreme Court. The issues are listed by topic and include the case status and attorney. He is also author of the Illinois Handbook of Criminal Decisions, jointly published by the Office of the State Appellate Defender and the Illinois State Bar Association. B. First District Office The First District Office of the Agency is located at 203 North LaSalle, 24th Floor in Chicago. Patricia Unsinn is the Deputy Defender. During Fiscal Year-2009, the First District Office received appointment to 1335 cases and filed 824 Appellate Court briefs, 321 Petitions for Leave to Appeal to the Illinois Supreme Court, 19 Illinois Supreme Court briefs, 16 Petitions for Writ of Certiorari to the United States Supreme Court, 204 Anders briefs, 41 Motions to Withdraw, 153 Motions to Dismiss and 60 Summary Motions. Oral argument was held in 76 Appellate Court cases and 14 Illinois Supreme Court cases. A detailed listing of relief granted Agency clients is contained in Chapter II of this Report. C. Second District Office The Second District Office is located at 2010 Larkin Avenue in Elgin. Thomas A. Lilien is the Deputy Defender. During Fiscal Year-2009, the Second District Office received appointment to 500 cases and filed 241 Appellate Court briefs, 38 Petitions for Leave to Appeal to the Illinois Supreme Court, 6 Illinois Supreme Court briefs, 3 Petitions for Writ of Certiorari to the United States Supreme Court, 67 Anders briefs, 20 Motions to Withdraw, 69 Motions to Dismiss and 38 Summary Motions. Oral argument was held in 13 Appellate Court cases and 4 Illinois Supreme Court cases. A detailed listing of relief granted Agency clients is contained in Chapter II of this Report. D. Third District Office The Third District Office is located at 1100 Columbus in Ottawa. Robert Agostinelli is the Deputy Defender. During Fiscal Year-2009, the Third District Office received appointment to 474 cases and filed 163 Appellate Court briefs, 28 Petitions for Leave to Appeal to the Illinois Supreme Court, 3 Illinois Supreme Court briefs, 55 Anders briefs, 33 Motions to Withdraw, 66 Motions to Dismiss and 59 Summary Motions. Oral argument was held in 17 Appellate Court cases and 3 Illinois Supreme Court cases. A detailed listing of relief granted Agency clients is contained in Chapter II of this Report. E. Fourth District Office The Fourth District Office is located at 400 West Monroe Street, Suite 303, in Springfield. Gary R. Peterson is the Deputy Defender. During Fiscal Year-2009, the Fourth District Office received appointment to 531 cases and filed 284 Appellate Court briefs, 100 Petitions for Leave to Appeal to the Illinois Supreme Court, 9 Illinois Supreme Court briefs, 2 Petitions for Writ of Certiorari to the United States Supreme Court, 51 Anders briefs, 29 Motions to Withdraw, 83 Motions to Dismiss and 43 Summary Motions. Oral argument was held in 17 Appellate Court cases and 5 Illinois Supreme Court cases. A detailed listing of relief granted Agency clients is contained in Chapter II of this Report. F. Fifth District Office The Fifth District Office is located at 117 N. 10th Street, Suite 300, in Mt. Vernon. Daniel M. Kirwan was the Deputy Defender until his retirement on December 31, 2008. Rita Peterson and Joyce Randolph, long-time Assistant Appellate Defenders, served as acting Deputy Defenders for the remainder of FY2009. During Fiscal Year-2009, the Fifth District Office received appointment to 204 cases and filed 133 Appellate Court briefs, 27 Petitions for Leave to Appeal to the Illinois Supreme Court, 52 Anders briefs, 11 Motions to Withdraw, 23 Motions to Dismiss and 28 Summary Motions. Oral argument was held in 43 Appellate Court cases. A detailed listing of relief granted Agency clients is contained in Chapter II of this Report. G. Supreme Court Unit The Supreme Court Unit Office is located at 400 West Monroe, Suite 303, in Springfield. Charles Schiedel is the Deputy Defender. The Supreme Court Unit currently represents 11 capital clients. During Fiscal Year-2009, the Supreme Court Unit received appointment to 2 capital cases, filed 3 Illinois Supreme Court briefs in capital cases and orally argued 4 capital cases in the Illinois Supreme Court. To assist with the agency backlog, cases from other district offices were transferred to the Supreme Court Unit. During Fiscal Year-2009, the Supreme Court Unit Office filed 47 Appellate Court briefs, 12 Petitions for Leave to Appeal to the Illinois Supreme Court, 1 Petition for Writ of Certiorari to the United States Supreme Court, 6 Anders briefs, and 3 Motions to Dismiss. Oral argument was held in 10 Appellate Court cases and 1 non-death 7th Circuit Court of Appeals case. A detailed listing of relief granted Agency clients is contained in Chapter II of this Report. H. Capital Post Conviction Unit The Capital Post-Conviction Unit is located at 20 N. Clark Street, Suite 2800, in Chicago. During FY2008, the name of the office was changed from the Post Conviction Unit to the Capital Post-Conviction Unit to better reflect its purpose. Anne E. Carlson is the Deputy Defender. The Capital Post Conviction Unit’s primary responsibility is to provide representation to indigent death-row inmates in post-conviction proceedings at the trial level in the circuit courts throughout the state and on appeal in the Illinois and United States Supreme Courts. As of June 30, 2009, the Capital Post-Conviction Unit represents five men under a sentence of death. The Unit also continues to handle the post-conviction cases and related collateral proceedings for clients whose death sentences were commuted by the Governor. As of the end of FY2009, these cases numbered 24, including 19 in state circuit courts, one in the Illinois Appellate Court, and four in federal district courts. The Capital Post-Conviction Unit also provides legal services in seven non-capital Agency cases. I. Capital Trial Assistance Unit The Capital Trial Assistance Unit maintained three offices during Fiscal Year-2009. The main office in Chicago is located at 20 N. Clark Street, Suite 2800. Cheryl Bormann is the Deputy Defender. The second office is located in Springfield at 400 West Monroe, Suite 303. The third office serves the counties in southern Illinois and is located in Belleville at 300 West Main, Suite 500. The Capital Trial Assistance Unit, formerly named the Death Penalty Trial Assistance Unit, is empowered to assist indigent defendants who are facing the death penalty. Under the Capital Crimes Litigation Act, an indigent defendant may receive assistance from the Capital Trial Assistance Unit or monies from the capital litigation trust fund if “charged with an offense for which a sentence of death is authorized.” Capital Trial Assistance Unit staff attorneys may assist any appointed attorney or public defender except, by statute, the Cook County Public Defender. In appropriate cases, the Capital Trial Assistance Unit will provide or arrange for attorneys, mitigation specialists, investigators, experts and/or jury consultants. In some cases, staff attorneys from the Capital Trial Assistance Unit file appearances in cases in order to assist lead counsel. By June 30, 2009, the close of Fiscal Year 2009, the Capital Trial Assistance Unit had rendered assistance in a total of 206 death penalty cases since its establishment in 2000. Of the 206 cases, 43 remained on the active docket, awaiting trial or sentencing during the year. During Fiscal Year 2009, the Capital Trial Assistance Unit added 10 new cases. With the aid and assistance of attorneys, mitigation specialists and investigators from the Capital Trial Assistance Unit, notable victories were reached in thirteen cases throughout the state where the clients were not sentenced to death. In two cases, the State dropped its request for the death penalty, in an additional three cases the defendants pled guilty and received sentences other than death, in one case the defendant was acquitted of all charges, in five cases the court did not impose the death penalty after a verdict of guilty, and in one case a jury did not find that death was the appropriate sentence. During Fiscal Year 2009, one client was sentenced to death. In addition to its casework, the Capital Trial Assistance Unit helped to fund, arrange, and put on Spring and Fall multi-day seminars approved for Capital Litigation Trial Bar CLE credit and attended by hundreds of Illinois lawyers. In January, 2009, CTAU also co-sponsored and presented a single day seminar on forensic science issues in Chicago. The forensic science seminar was approved for MCLE credit in Illinois and was well attended. J. Expungement Unit The Expungement Unit maintained two offices during Fiscal Year-2009. One office is located in Springfield. The second office is located in Chicago. FY2009 marked the sixth year the Expungement Unit has been in existence. Demand for information regarding expungement, sealing, executive clemency and identity theft remained high again this year. The number of adult expungement and sealing packets and instruction guides distributed increased from the FY2008 total of 8097 to 8715. Requests for juvenile packets were down slightly from 418 in FY2008 to 391 in FY2009. In addition, 82 packets for Identity Theft Expungement were distributed, compared to 104 in FY2008. Finally, the Expungement Unit provided 22,683 copies of our brochure to various groups and entities, down from 25,456 last year. Telephone calls to the toll-free hotlines increased sharply in FY2009. In FY2008, the two expungement attorneys personally assisted 2246 new individuals calling in on the hotlines. However, in FY2009, new calls to the hotlines increased by nearly 20% to a total of 2672. This is in addition to the numerous return calls received from individuals already in the database from this year and prior years (due to the complicated nature of the process and the long waiting periods involved, these repeat calls constitute the larger portion of the total call volume) and those calling in to leave a message requesting that a packet be mailed to them. Currently, there is no mechanism for tracking the exact number of total calls received by the Unit. However, the hotlines are both heavily used and have been a very successful tool for providing information and answering questions. Likewise, questions and requests for information via email continue to be strong. The Springfield office reported 2573 emails seeking information over the last fiscal year, while the Chicago office had 1596. Currently, use of the agency website is not tracked, so it is not possible to determine the number of individuals who obtained information directly from the Expungement Unit’s web page. Community Outreach Between the two Expungement Unit attorneys, a total of 69 speaking engagements were conducted in FY2009 (47 from the Chicago office, 21 from Springfield, 1 with both attorneys attending). Both Expungement Unit attorneys continued to take part in the Illinois Department of Corrections recent efforts to provide valuable information to soon to be released inmates as part of several Re-Entry Summits at correctional facilities around the state. Additionally, both attorneys speak regularly to various groups and organizations, to circuit clerks and other court personnel, and at public events around the state. In addition to the above, the Expungement Unit attorneys worked closely with legislative staff and various groups regarding amendments to both the adult and juvenile expungement provisions. House Bill 3961 passed both chambers this session and currently awaits the Governor’s signature. The bill is a comprehensive re-write of the adult expungement and sealing statute and is intended to clarify and simplify both the expungement and sealing processes. Senate Bill 1030 is also awaiting the Governor’s signature and creates a new automatic expungement process for certain first offender juvenile cases. The Expungement Unit expects to re-write all materials (assuming both bills are signed) to incorporate these changes in time for their expected effective date of January 1, 2010. V. ADMINISTRATIVE OFFICE Office of the State Appellate Defender 217/782-7203 MICHAEL J. PELLETIER Mr. Pelletier received his Juris Doctor from the John Marshall Law School in 1976 and was admitted to the Illinois Bar that year. He was employed as an Assistant Defender in the Third District Office of the State Appellate Defender from 1976 until 1978. He transferred to the First District Office of the State Appellate Defender in 1978 and was employed as an Assistant Appellate Defender until 1987. Mr. Pelletier was appointed Deputy Defender of the First District Office in September 1987. Theodore A. Gottfried, after serving 35 years as the State Appellate Defender, retired on December 31, 2007. The Illinois Supreme Court appointed Mr. Pelletier the State Appellate Defender, effective January 1, 2008, to a four year term expiring December 31, 2011. He is a member of the Illinois Criminal Justice Information Authority, currently serving on the Legislative and Appeals Committees. He is a member of the Illinois State Bar Association and past member of the Criminal Justice Section Council of the Illinois State Bar Association. He is a member of the National Legal Aid and Defender Association and member of the American Council of Chief Defenders of the NLADA. He is a member of the Appellate Lawyers Association and past Board member of the Association. He is a commissioner on the Criminal Law Edit Align and Rewrite (CLEAR) Commission. Mr. Pelletier is admitted to practice in the Illinois Supreme Court, the United States Supreme Court, the United States Court of Appeals from the Seventh Circuit, and the United States Court for the Northern District of Illinois. DAVID P. BERGSCHNEIDER Mr. Bergschneider is a 1976 graduate of Marquette University Law School and served as a legislative aide to the Illinois State Senate in 1976-77. In 1977, he joined the Office of the State Appellate Defender, where he served as an Assistant Appellate Defender for 16 years. After serving as Legal Director for 14 years, he became Deputy State Appellate Defender on January 1, 2008. Since May 1992, he has edited the Illinois Criminal Law Digest. In addition, he is the author of the 1998 Illinois Handbook of Criminal Law Decisions, a joint publication of the Office of the State Appellate Defender and the Illinois State Bar Association. In June 2004, the Illinois State Bar Association awarded Mr. Bergschneider the Virgil E. Tipton Jr. Publications Award for his work on the Handbook. He is also co-author of the Handbook on the Preparation of Briefs and Oral Arguments and has contributed to several handbooks published by the Illinois Institute for Continuing Legal Education. Mr. Bergschneider has also written amicus curiae briefs in two United States Supreme Court cases, is a former editor of the Illinois Attorneys for Criminal Justice newsletter, and has been a frequent contributor to newsletters for the Illinois State Bar Association Criminal Justice Section, the Illinois Attorneys for Criminal Justice and the National Legal Aid and Defender Association. He served two terms on the Criminal Justice Section Council of the Illinois State Bar Association, including a term as Chairman. He was a member of the Criminal Justice Section Council Committee on a Long-Term Solution for Funding Criminal Appeals. He is currently a member of the Long Term Prisoner Study Committee of the Illinois Legislature, and was previously a member of the Illinois Integrated Justice Information System Governing Board. He has lectured at CLE programs sponsored by the Illinois State Bar Association, Illinois Public Defender Association, Illinois Attorneys for Criminal Justice, Cook County Public Defender's Office, Office of the State Appellate Defender, Administrative Office of Illinois Courts, and Wisconsin Public Defender. He is a recipient of the Illinois Public Defender Association Award for Excellence and Meritorious Service, and in 1996 was named a Distinguished Scholar of Marquette University. DANIEL D. YUHAS Mr. Yuhas is a graduate of Georgetown University Law Center. He received his Juris Doctor in 1973 and was admitted to practice in the State of Illinois the same year. Mr. Yuhas was employed as an Assistant Appellate Defender by the Office of the State Appellate Defender from 1973 until 1976. He then worked in the offices of the Sangamon County State's Attorney and the Attorney General of Illinois before returning to the Office of the State Appellate Defender in 1978. Mr. Yuhas was appointed Deputy Defender of the Fourth District Office in March, 1980, and served as the Deputy Defender until December 31, 2007. On January 1, 2008, he became the Deputy State Appellate Defender. Mr. Yuhas is presently an adjunct Professor at the University of Illinois College of Law, where he helps teach an appellate practice clinic established by the Law School and the Fourth District Office. Mr. Yuhas also serves as the Treasurer of the Illinois Public Defender Association. Mr. Yuhas is admitted to practice in the Illinois Supreme Court, the United States Court of Appeals for the Seventh Circuit, and the Supreme Court of the United States. TONYA JANECEK Ms. Janecek joined the Office of the State Appellate Defender in July 1981 as a Fiscal Assistant in the Administrative Office. Ms. Janecek was appointed Chief Fiscal Officer on February 1, 1997. As Chief Fiscal Officer, Ms. Janecek is responsible for the coordination of all expenditures and vouchering procedures. She is also responsible for the preparation and filing of required fiscal and budgetary reports. As Human Resource Director, Ms. Janecek oversees the HR Department in the preparation of payroll and providing benefits information to agency employees. In FY2009, the Administrative Office was staffed by twenty persons including the State Appellate Defender, two Deputy State Appellate Defenders, a Chief Fiscal Officer/Human Resource Director, a Director of Support Services, an IT Director, a Network/ Applications Manager, three Support Specialists, a Human Resource Associate, a Human Resource Assistant, a Senior Fiscal Assistant, three Fiscal Assistants, a Senior Administrative Assistant, an Administrative Assistant, a Legal Secretary, and an Office Clerk. FIRST DISTRICT OFFICE Office of the State Appellate Defender 312/814-5472 PATRICIA UNSINN Ms. Unsinn received her Juris Doctor from DePaul University School of Law in 1974 and was admitted to the Illinois bar that same year. She was in private practice with Howard T. Savage from 1974 until 1977. She began employment with the First District Office as an Assistant Appellate Defender in 1977, became a supervisor in 2002, and the Assistant Deputy Defender in 2004. Ms. Unsinn was appointed Deputy Defender of the First District Office in January 2008. Ms. Unsinn is admitted to practice in the Illinois Supreme Court, the United States Supreme Court, the United States Court of Appeals from the Seventh Circuit, and the United States District Court for the Northern District of Illinois. In FY2009, the First District Office was staffed by 121 persons including the Deputy Defender, the Assistant Deputy Defender who also serves as a Supervisor, nine additional Supervisors, 77 full-time Assistant Appellate Defenders, twelve part-time Assistant Appellate Defenders, a Director of Paralegal Department, a Senior Paralegal, four Paralegals, an Administrative Secretary, seven Legal Secretaries, three Docket Clerks, and four Office Clerks. SECOND DISTRICT OFFICE Office of the State Appellate Defender 847/695-8822 THOMAS A. LILIEN Mr. Lilien received his Juris Doctor from Notre Dame Law School in 1978 and was admitted to the Illinois Bar that same year. He joined the Office of the State Appellate Defender as an Assistant Appellate Defender in the Third District Office in October 1978 and worked there until his transfer to the Second District Office in 1988. Mr. Lilien continued to serve as an Assistant Appellate Defender until he assumed the Deputy Defender position as of January 1, 2006. Mr. Lilien is admitted to practice in the Illinois Supreme Court and United States Supreme Court. He has served as an adjunct faculty member co-teaching an appellate advocacy course at Northern Illinois University College of Law since 1986; the program provides student interns to the Second and Third District Offices. He is also a member of the Board of Directors of the Illinois Institute for Continuing Legal Education.In FY2009, the Second District Office was staffed by twenty-four persons, including the Deputy Defender, an Assistant Deputy Defender, two Supervisors, fourteen full-time Assistant Appellate Defenders, two part-time Assistant Appellate Defenders, a Paralegal, an Administrative Secretary, and two Legal Secretaries. THIRD DISTRICT OFFICE Office of the State Appellate Defender 815/434-5531 ROBERT AGOSTINELLI Mr. Agostinelli received his Juris Doctor from the DuQuesne University School of Law in Pittsburgh, Pennsylvania in 1973. After his admission to the Bar in 1973, he was employed as an Assistant Appellate Defender in the Third District Office of the State Appellate Defender. Mr. Agostinelli was appointed as Deputy Defender of the Third District Office in February 1976. He is admitted to practice before the United States Court of Appeals for the Seventh Circuit, the Supreme Court of Illinois, and the Supreme Court of the United States. He is a past president of the Appellate Lawyers Association, has served on the I.P.I. Criminal Committee, and numerous Bar Association Committees. In FY2009, the Third District Office was staffed by nineteen persons, including the Deputy Defender, an Assistant Deputy Defender, two Supervisors, ten Assistant Appellate Defenders, an Administrative Secretary, three full-time Legal Secretaries, and one part-time Legal Secretary. FOURTH DISTRICT OFFICE Office of the State Appellate Defender 217/782-3654 GARY R. PETERSON Gary Peterson received his Juris Doctor from the DePaul University College of Law in 1978 and was admitted to the Illinois Bar that same year. He interned with the Cook County Public Defender’s Office during law school, was employed with the Will County Legal Assistance Program following graduation, and subsequently joined the Office of the State Appellate Defender in 1979. In 1984 through 1985, he handled capital appeals for the Florida Public Defender’s Office and then returned to the Office of the State Appellate Defender as an Assistant Appellate Defender. He was appointed Deputy Defender of the Fourth District Office in February 2008. Mr. Peterson is admitted to practice in the United States Supreme Court, the Illinois Supreme Court, the Florida Supreme Court, the United States District Court for the Northern District of Illinois, and the United States District Court for the Central District of Illinois. He has argued in the United States Supreme Court, has served as an adjunct Professor at the University of Illinois College of Law, and has taught in the Legal Studies Department at the University of Illinois, Springfield. In 2004 he received the James B. Haddad Award in recognition of superb legal representation, dedicated service to clients, and improvement of the criminal justice system. In FY2009, the Fourth District Office was staffed by twenty-six persons, including the Deputy Defender, an Assistant Deputy Defender/Supervisor, two Supervisors, twelve full-time Assistant Appellate Defenders, four part-time Assistant Appellate Defenders, a Paralegal, an Administrative Secretary, a Docket Clerk, and three Legal Secretaries. FIFTH DISTRICT OFFICE Office of the State Appellate Defender 618/244-3466 DANIEL M. KIRWAN Daniel M. Kirwan graduated from the Indiana University School of Law in May 1974 and was admitted to the Illinois Bar in October of that year. Mr. Kirwan was initially employed by the Office of the State Appellate Defender as an Assistant Appellate Defender from October 1, 1974, through November 30, 1977, when he left to serve as public defender for the Illinois counties of Marion and Clinton. He returned to the Office of the State Appellate Defender for a brief time (February 1979 through September 1979), before leaving to join a law firm. Mr. Kirwan returned to the Office of the State Appellate Defender as an Assistant Appellate Defender on August 1, 1981, and assumed the position of Deputy Defender for the Fifth District Office on May 27, 1986. Mr. Kirwan is a member of the John Howard Association. He is admitted to practice before the Supreme Court of Illinois, the United States Supreme Court, the United States Court of Appeals for the Seventh Circuit, and the United States District Court for the Southern District of Illinois. Mr. Kirwan served as the Deputy Defender until his retirement on December 31, 2008. Rita Peterson and Joyce Randolph, long-time Assistant Appellate Defenders, served as acting Deputy Defenders for the remainder of the fiscal year. In FY2009, the Fifth District Office was staffed by sixteen persons, including the Deputy Defender, Assistant Deputy Defender, ten Assistant Appellate Defenders, a Paralegal, an Administrative Secretary, and two Legal Secretaries. SUPREME COURT UNIT Office of the State Appellate Defender 217/782-1989 CHARLES M. SCHIEDEL Mr. Schiedel received his law degree from the University of Michigan Law School in 1976. He was admitted to the Bar of Illinois in 1976 and joined the Fourth District Office of the Office of the State Appellate Defender as an Assistant Appellate Defender in 1976. He was named Deputy Defender of the Supreme Court Unit in October 1982. Mr. Schiedel was a member of the Illinois House of Representatives’ Task Force on Capital Punishment and served on the Illinois Criminal Code Rewrite and Reform Commission. In November 2007, Mr. Schiedel was appointed to the Capital Punishment Reform Study Committee to succeed the retiring State Appellate Defender, Theodore A. Gottfried. In FY2009, the Supreme Court Unit was staffed by seven persons including the Deputy Defender, five Assistant Appellate Defenders, and an Administrative Secretary. CAPITAL POST CONVICTION UNIT Office of the State Appellate Defender 312/814-5100 ANNE CARLSON Mrs. Carlson received her Juris Doctor from Northwestern University School of Law in 1988 and was admitted to the practice of law in Illinois that year. She is currently licensed to practice in Illinois state courts, the United State District Court for the Northern District of Illinois, United States Court of Appeals for the Seventh Circuit, and the United States Supreme Court. During her senior year of law school, Mrs. Carlson worked as an extern with the State Appellate Defender’s First District Office. After graduating, she served as a judicial law clerk for the Honorable Benjamin K. Miller of the Illinois Supreme Court in Springfield, Illinois. Following her clerkship, she was employed as an Assistant Appellate Defender in the Agency’s First District Office from 1989 until 1992 when she transferred to the agency’s Capital Resource Center (now the Capital Post-Conviction Unit) where she worked as a staff attorney through 1994. In 1995, she left the agency to represent capital clients privately in both state post-conviction and federal habeas corpus proceedings. In 2004, she returned to the First District Office as an Assistant Appellate Defender and worked there until her appointment as Deputy Defender of the Capital Post-Conviction Unit in April 2008. In FY-2009, the Capital Post Conviction Unit was staffed by twelve persons, including the Deputy Defender, four Staff Attorneys, a Chief Forensic Social Historian, a Forensic Social Historian, two Investigators, an Administrative Secretary, and two Legal Secretaries. Capital Trial Assistance Unit Office of the State Appellate Defender 312/793-2056 * * * Springfield Office 217/557-6400 * * * Belleville Office 618/236-8680 CHERYL BORMANN Ms. Bormann received her Juris Doctor from Loyola University School of Law in 1988. Ms. Bormann’s duties include administering three offices of the Capital Trial Assistance Unit: Chicago, Springfield and Belleville. Ms. Bormann is certified by the Illinois Supreme Court to serve as lead counsel in death penalty trials. She is also an active speaker and teacher. Currently, Ms. Bormann serves as an adjunct professor of law at Chicago-Kent College of Law where she teaches trial advocacy. At Loyola University School of Law, she was an adjunct professor where she has served as head coach of the Philip Corboy trial team. Ms. Bormann teaches trial advocacy for the annual program sponsored by the Office of the State Appellate Defender. She is a frequent lecturer for many local bar associations on the subject of criminal law. Ms. Bormann has been actively involved with the Constitutional Rights Foundation of Chicago, where she volunteered her time teaching public school students. Prior to serving as the Deputy Defender of the Capital Trial Assistance Unit, Ms. Bormann was the Acting Chief and an Attorney Supervisor at the Third Municipal District, Rolling Meadows, for the Law Office of the Cook County Public Defender. Ms. Bormann became an Attorney Supervisor for the Law Office of the Cook County Public Defender in 2003. Before serving in Rolling Meadows, Ms. Bormann was an Attorney Supervisor at the Sixth Municipal District, Markham Criminal Courthouse. That was Ms. Bormann’s second time working for the Public Defender. When Ms. Bormann first became a Public Defender in 1989, she handled the litigation of thousands of criminal cases in felony and juvenile courts. In early 1999, Ms. Bormann opened a private practice specializing in serious criminal defense litigation, but accepted a management position with the Cook County Public Defender in 2003. In FY2009, the Chicago Office of the Capital Trial Assistance Unit was staffed by thirteen persons, including the Deputy Defender, three Staff Attorneys, three Mitigation Specialists, two Investigators, a Paralegal, an Administrative Secretary, and two Legal Secretaries. The Springfield Office of the Capital Trial Assistance Unit was staffed by seven persons including a Staff Attorney, John Hanlon, who served as Assistant Deputy for the entire unit, two Mitigation Specialists, two Investigators, a Paralegal, and a Legal Secretary. As the office ended Fiscal Year 2009, vacancies for a Mitigation Specialist and a Legal Secretary arose. The Belleville Office of the Capital Trial Assistance Unit was staffed by five persons including a Staff Attorney, a Mitigation Specialist, an Investigator, a Paralegal and a Legal Secretary. EXPUNGEMENT UNIT Office of the State Appellate Defender 866/431-4907 *** Chicago Office 866/787-1776 JOSHUA D. CARTER Mr. Carter is a 2001 graduate of the University of Illinois College of Law. Following a law school internship with the Office of the State Appellate Defender, Mr. Carter joined the Fourth District office as an Assistant Appellate Defender. He left in May 2003 to become Assistant Corporation Counsel for the City of Springfield and Legal Advisor to the Springfield Police Department. In December 2006, Mr. Carter rejoined the Agency as a Staff Attorney for the Expungement Unit in Springfield. He also serves as an adjunct instructor in criminal law at Lincoln Land Community College. CHRISTIE FISCHER Before completing her education, Ms. Fischer served for six years in the United States Army. Fischer graduated magna cum laude from Barat College with a B.A. in history in 2002. She graduated Chicago-Kent College of Law in 2005. While attending law school she was the managing editor of The Journal of International and Comparative Law and worked for two years as an intern in the Criminal Law Clinic. Ms. Fischer joined the Office of the State Appellate Defender, Expungement Division in November 2005. She speaks frequently to ex-offenders, community groups, probation departments and bar associations and veterans associations about expunging and sealing of criminal records. She is the author of a chapter on Criminal Identity Theft in the 2007 IICLE publication, “Illinois Criminal Records: Expungement and Other Relief.” She also authored “From the Guillotine to Lethal Injections: Evolution of Execution” which appeared in the September 2007 issue of the CBA Record. She is a member of the Lake County Coalition to Reduce Recidivism and also serves on the Board of Directors of The Educational Institute for Civil Rights and Services, Inc. She has continued to expand the Unit’s outreach efforts to include such groups as the Inner City Muslim Action Network, the Illinois Department of Rehabilitative Services and the Illinois Youth Court Association. Ms. Fischer is a member of the American Bar Association, The Illinois State Bar Association, and the Chicago Bar Association. In FY2009 the Expungement Unit was staffed by three persons including two Staff Attorneys and one Legal Secretary. CHAIR - THOMAS M. BREEN, born Evanston, Illinois, January 24, 1947, admitted to bar, 1972, Illinois; 1979, U.S. District Court, Northern District of Illinois; 1992, U.S. District Court, Central District of Illinois. Education: University of Notre Dame (A.B., 1969); Loyola University (J.D., 1972). Recipient: American Bar Association Pro Bono Public Award, 1996; Public Interest Law Institute, Distinguished Public Service Award, 1996; Mexican American Legal Defense and Education Fund, Legal Service Award, 1996. Assistant State’s Attorney, Cook County, 1972-1978. Special Assistant State’s Attorney, Livingston County, 1978-1981, 1984. Appointed, Illinois Supreme Court Committee on Criminal Jury Instructions, 1988-. Recipient, Illinois Public Defender Association of Excellence, 1990. Member: Chicago (Member, Judicial Evaluation Committee, 1984-1989; 1991-) and American (Member, Sections on: Criminal Justice; Litigation) Bar Associations; National Association of Criminal Defense Attorneys; National Directory of Criminal Defense Lawyers. Fellow, American College of Trial Attorneys. (Commissioned U.S.A.R., 1972; Captain, 1978). PRACTICE AREAS: Criminal, Trial Practice; Appellate Practice; Attorney Discipline; Professional Practices. EDWIN A. BURNETTE - Mr. Burnette graduated from the United States Naval Academy in 1972 and was commissioned a Second Lieutenant in the United States Marine Corps. He attended DePaul University, College of Law from 1974-1977. After admission to the Bar in 1977, until 1987 when he ended military service, his practice was primarily centered on appellate and felony criminal defense. He joined the Office of the Cook County Public Defender in June of 1987 and served in the Appeals Division until October 1989. From that time until March 1991, he served in the Felony Trial Division in Chicago and Sixth District courtrooms. He was selected as Supervisor, First Municipal, in March 1991 and assumed the position of First Assistant Public Defender on April 20, 1992. On April 1, 2003, he was appointed the Public Defender of Cook County. He received the Cook County Superior Public Service Award in 1995. He has served on the Rich Township High School District 227 Board of Education for fifteen years. He is the immediate past President. He has and continues to sit on numerous boards. DAVID REID CLARK - Mr. Clark graduated from Southern Illinois University in 197l with a B.S. in Sociology (Honors) and obtained an M.S. in the Administration of Justice in 1972 (summa cum laude). He graduated from the University of Iowa School of Law in 1975 and taught Criminal Justice at Western Illinois University 1975-1976. Mr. Clark commenced the solo private practice of law in 1976 and has served as Public Defender of Warren County (1976-1991) and Henderson County (1978-1990). His trial practice in eight rural counties in West Illinois is concentrated in the areas of criminal defense, impaired driving, and divorce. Mr. Clark is admitted to the bars of the Illinois Supreme Court and the Supreme Court of the United States. Certified by the State of Illinois Capital Litigation Bar, he is Chairman of the Third Judicial District Capital Litigation Screening Committee, Panel 1. Mr. Clark has been trial counsel in 13 murder cases, of which 4 were capital cases. Mr. Clark enlisted in the United States Marine Corps (active duty: 1966-1968), served in the Republic of Vietnam, and attained the rank of Corporal. Mr. Clark served as President of the Warren County War Memorial Foundation (1996-1998) and has received Community Service Award - Monmouth (1995), Dad of the Year - University of Iowa (1999), and Citizen of the Year - Monmouth Area (2006). Mr. Clark has been a patriotic speaker in West Illinois for the last 25 years. He has served, and continues to serve, on numerous community boards and coaches girls’ basketball. HON. DAVID R. DONNERSBERGER - Circuit Judge, Illinois Circuit Court of Cook County, was an Associate Judge from August 1989-1996. He was elected Circuit Judge in 1996. Retained by election November 2, 2002, his current term expires December 2, 2008. He serves in the Chancery Division. Born in Chicago, Illinois, he was educated at St. Bonaventure University and received his B.A. in 1963, M.A. in 1967, and J.D. in 1972 from DePaul University. He was admitted to practice in Illinois in 1972, Florida in 1972, U.S. District Court Northern District of Illinois in 1972, and Trial Bar of U.S. District Court Northern District of Illinois in 1980. Also, he was in legal practice in Chicago, Illinois from 1972-1975 and 1978-89. Judge Donnersberger was an Assistant State’s Attorney from 1975-78 and a Felony Trial Attorney from 1976-78. He was Assistant Professor of Business Law, Criminal Justice and Labor Law at City College of Chicago from 1969-89. He is a former member of the Illinois State Bar Association. He is currently a member of the Judicial Education Committee and Committee on Judicial Conduct in the Supreme Court of Illinois, the Illinois Judges Association, and the Chicago Bar Association. He attended the Roscoe Pound Institute in 1999, 2001 and 2004 and the Mediation Course National Judicial Conference in 2004. He was the President and Board Member of St. John of the Cross School from 1974-76. Also, he was the President of the Libra School from 1974-79. He was a board member of the Ada McKinley School for Special Education Students from 1989-1990. HON. SCOTT D. DRAZEWSKI - Judge Drazewski currently sits in the 11th Judicial Circuit, where he has served since 1997. Prior to his time on the bench, Judge Drazewski was a partner in the firm of Hartweg, Mueller, Turner & Wood, P.C. from 1985-1997, and served as an assistant public defender in McLean County from 1982-1984. Judge Drazewski is a graduate of the College of DuPage, Illinois State University and the DePaul University College of Law, and has served as an adjunct professor in the areas of litigation, appellate practice and criminal evidence at Illinois State since 1990. Judge Drazewski is an active member of both the McLean County and Illinois State Bar Associations, having served both associations in numerous capacities. He has also served as a member of the Illinois Supreme Court Committee on Child Custody (2002-2006), and is currently a member of the Illinois Judges Association Electronic Media Committee. HON. CHARLES R. HARTMAN - Judge Hartman graduated from DePaul Law School in 1970. He was an Assistant State’s Attorney in Cook County from 1971-1980 where he was a supervisor of felony review for 4 years. In November of 1980, he was elected State’s Attorney of Stephenson County and was re-elected to this position for two additional terms. Judge Hartman was elected Circuit Judge of the Fifteenth Judicial Circuit in December, 1992. He retired on November 30, 2006. MICHAEL B. METNICK - Mr. Metnick graduated from John Marshall Law School and was admitted to the Illinois Bar in 1975. He has practiced primarily in Springfield and Central Illinois since that time. Mr. Metnick served as Assistant Corporation Council for the City of Springfield from 1975 to 1976. He then served as an Assistant Public Defender in Sangamon County from 1977 to 1978. He entered private practice and is currently the principal partner in the law firm of Metnick, Cherry, Frazier & Sabin, LLP located in Springfield, Illinois. Mr. Metnick has been involved with various legal associations including: the National Association of Criminal Defense Lawyers, past President and current member of the Illinois Association of Criminal Defense Lawyers, past President of the Sangamon County Criminal Defense Bar Association, former Chairman of the Criminal Justice Section Council of the Illinois State Bar Association, and the Lincoln-Douglas American Inns of Court. Mr. Metnick has written numerous articles, given lectures and has spoken at many criminal justice seminars sponsored by the Illinois State Bar Association, National Association of Criminal Defense Lawyers, Illinois Criminal Defense Lawyers Association and the Illinois Institute of Continuing Legal Education. He is on the faculty for the Trial Advocacy Program sponsored by the Office of the State Appellate Defender. Recognized in the 2000 Edition of Best Lawyers in America and in Martindale-Hubbell’s Listing of Preeminent Attorneys, Mr. Metnick has also received awards of excellence and recognition from the Illinois State Bar Association and Illinois Association of Criminal Defense Lawyers. In November of 2002, he was honored by the Center on Wrongful Convictions at Northwestern University School of Law. In February of 2003, he was given the President’s Award for the Springfield Chapter of the NAACP for his involvement with the voting rights lawsuit that changed the system of government in the City of Springfield. Certified by the State of Illinois Capital Litigation Bar, Mr. Metnick represented defendants in over 35 murder cases and 8 capital murder cases at the trial, appellate, and post-conviction stages. HONORABLE DENNIS MIDDENDORFF - Judge Middendorff graduated from Loyola University of Chicago in 1977. He received his J.D. degree from DePaul University in 1980. He served as an Assistant State’s Attorney of Clinton County from 1980-1984 and then as the State’s Attorney of Clinton County from 1984 until September of 1991. From September 6, 1991, to the present, Judge Middendorff has served as an Associate Circuit Judge in the Fourth Judicial Circuit. HON. THOMAS R. RAKOWSKI - Justice Rakowski received a B.S. Degree in finance from DePaul University in 1967 and graduated from the John Marshall Law School in 1970. He served as an Assistant State’s Attorney of Cook County from 1970 to 1971, then entered private practice from 1971-1974. In 1974, he became a partner in the law firm of Hennessey, Faraci and Tassone. He was appointed Associate Judge in 1977 and elected Circuit Judge in 1980. While at the Circuit Court, he served in both Criminal and Civil Divisions, the Law Division Motion Section and the Chancery Division. In 1989, he was appointed to the Appellate Court and was elected in 1990. Justice Rakowski served on the five-member Industrial Commission Division of the Illinois Appellate Court, the Illinois Courts Commission, the First District Executive Committee, and the Supreme Court Committee on Judicial Education. Since July 2000, Justice Rakowski has been engaged in the private practice of law. Justice Rakowski was the principal drafter of the rules of the Illinois Court’s Commission in 1999. He authored materials on section 2-615, 2-619, and 2-1005 of the Illinois Code of Civil Procedure and on finality and appealability of circuit court orders under Supreme Court Rules 301-308. He edited and amended rules of the Cook County motion courts in 1986. He is a frequent lecturer for the Illinois Institute of Continuing Legal Education and the Supreme Court Committee on Judicial Education. He has lectured at law schools and government agencies speaking on various topics including civil procedure, motion practice, pre-trial discovery, contract law, chancery proceedings, the Tort Immunity Act, appellate practice and workers’ compensation. THOMAS F. SULLIVAN, JR. Mr. Sullivan graduated with a BA degree from Loras College, Dubuque, Iowa in 1969 (magna cum laude) and graduated from the University of Illinois School of Law in 1972. He was a staff attorney with the State’s Attorney’s Association and the Illinois General Assembly and later was appointed staff attorney with the Office of the State Appellate Defender in Mount Vernon. He was an Assistant State’s Attorney in Cook and Kane Counties (1977-1986) and then went into private practice with Callum Anderson & Deitsch; since 1992 he has been a sole practitioner in Wheaton. Mr. Sullivan has been a Director with the DuPage County Bar Association for 9 years and a member of the ISBA Assembly for 3 terms. He participated as a member of the Illinois Children’s Justice Task Force (1996-2005). HON. E. KYLE VANTREASE - Judge Vantrease graduated from Knox College, Galesburg, Illinois with a B.A. in mathematics and economics in 1973. He received his J.D. degree from Chicago-Kent College of Law in 1976. He was engaged in the private practice of law in West Frankfort, Illinois, from 1976 until his appointment to the Second Circuit Court in January of 1995. He served as Franklin County Assistant State’s Attorney from 1980 to 1983. He also served as City Attorney for the City of West Frankfort from 1986 until January 1995. Judge Vantrease was elected to a six year term in 1996 and retained in 2002. In December, 2006, Judge Vantrease was elected the Chief Judge of the Second Judicial Circuit. STATISTICS FOR FISCAL YEAR - 2009 [PREVIOUS] [TOP]
Statistical Information for FY 2009 is available in the attached Adobe Acrobat file.
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