2011 Illinois ABOTA President
Margaret A. Unger
President ABOTA (Illinois) 2011-2012
Shareholder Johnson & Bell, Ltd.
33 W. Monroe St. Suite 2700
Chicago, Il 60603
(312) 984-0274
ungerm@jbltd.com
I am honored to serve ABOTA in its public work. It is the work of ABOTA to preserve the civil jury trial and to defend members of the judiciary against unfair criticism. ABOTA is dedicated to maintaining the highest degree of professionalism within trial bars around the country through its National organization and through local chapters in each State. I must say that ABOTA validates my reason for choosing to enter the Illinois trial bar in l979 and for remaining to date. ABOTA is comprised of the high caliber trial lawyers that drew me to that part of the legal profession in the first place.
Membership in ABOTA remains selective, and is by invitation only to those who meet the trial requirements and professional standards set forth in ABOTA’s bylaws. After application approval by the chapter Executive Committee, trial experience is examined by the National Board.
The Illinois Chapter of ABOTA hosts two lunches a year. We celebrate Law Day in May and also honor one judge each year in November. Its two functions provide a comfortable and appropriate forum for members of the judiciary to converse with members of the bar. Illinois ABOTA welcomes a large number of local judges to its two annual lunches. Judges regularly cite the fact that ABOTA is comprised of members equally from both sides of the trial bar as the reason they attend.
Judicial Independence
Illinois ABOTA will, when appropriate, make public comment when a judge is unfairly criticized. ABOTA’s statements are made without regard to the individual politics of the Executive Committee. We most recently took a stand during the retention election of Justice Thomas Kilbride. Ethically, it is virtually impossible for a sitting judge to defend that judge’s own record. Even when they can do so within the limits allowed, it looks self-serving. Lawyers are particularly well-suited to respond to such attacks and need to accept this responsibility. It is not the position of ABOTA that members of the judiciary should be above criticism. However, when that unfair criticism is politically driven by partisan reasoning, it threatens the independence of judges and ABOTA will make public comment.
As the first woman president of the Illinois Chapter of ABOTA, it is appropriate to quote the first woman United States Supreme Court Justice. Since retirement in 2005, Sandra Day O’Connor has spoken widely on judicial independence. Her remarks sum up the issue: ”Our effectiveness is premised on the notion that we won’t be subject to retaliation for our judicial acts”….. ”We are putting judges in a very difficult spot when they know that their opponents will use decisions that are required by the law, but may be very unpopular, in advertising campaigns to unset them during the next election”. THE NATIONAL VOTER February 2008, A Fair Impartial and Independent Judiciary. Illinois ABOTA will continue to defend judges who are unfairly criticized, wrongly accused of misconduct, or subjected to political attack driven by partisan reasoning.
Judicial independence is an increasing issue of national concern. Attitudes about judges are frequently shaped by interest groups and the media challenges associated with presenting a story in 60 or 90 seconds. This often results in less-than-thorough media coverage of high-profile decisions. While lawyers are acutely aware that retaliation for judicial decisions threatens judicial independence, this is a concept often lost to the public, particularly when the judge has made an unpopular ruling. The Supreme Court’s recent campaign finance decision in Citizens United v. Federal Election Commission (FEC) raises concerns that there will be increasing attacks on state court judges who must stand for election or retention. Large segments of the public believe that judges will be influenced by contributions to their judicial campaigns and not remain disinterested. The founding fathers rationale for life tenure within the federal judiciary was rooted in judicial independence. ABOTA is the only lawyer organization that has a structure in place to address judicial independence on a regular basis.
Civil Jury Trials
The right to civil trial by jury is a liberty guaranteed by the 7th Amendment. It is an individual right which the Founding Fathers believed was necessary to a free society. The right to trial by jury is mentioned twice in the original l0 amendments which comprise the Bill of Rights. Jury service is at the core of democracy–through jury service, citizens have one of the few opportunities to directly participate in government. Unfortunately the existence of civil jury trial is at risk; some say it is soon to be extinct.
The cost of civil jury trials, particularly in this economy, threatens the existence of the civil jury trial. Public perceptions of errant verdicts call into question the value of the civil trial jury. Due to demands on public education, lessons in civics have diminished. Much has been written about the average high-schooler’s decrease in knowledge on the topics of civics, social studies and American government. Trial lawyers and judges see the jury system work and they know that, with few exceptions, juries possess an uncanny ability to see the truth. On the other hand, the public largely draws its impressions of civil jury decisions from a handful of decisions that are reported in the press, even though members of the media sometimes lack sufficient legal training to explain the rationale for judicial rulings and jury verdicts.
Education of the Public and the Media
As part of its mission to preserve the civil jury, ABOTA provides education regarding the history and value of the right to trial by jury through an annual Teachers Law School and Law School for Journalists. ABOTA seeks to address the gaps in civic education by offering, free of charge, Justice By The People, a program of l0 lesson plans created by ABOTA to assist junior high school teachers teach American government, the Constitution, the right to trial by jury, and the importance of jury service. The current issue of Voir Dire explores a pilot project developed by the State of Colorado to make jury trials more accessible in civil cases. Medical malpractice cases and commercial cases have been chosen in this pilot program to test measures intended to make the pretrial process less expensive.
The National Jury Summit
This year, Illinois has been selected to host the National Jury Summit. The Summit will bring together prominent judges and lawyers around the country to discuss problems threatening civil jury trials, problems within the state courts, and the reduction in the numbers of civil jury trials. Hosting the National Jury Summit provides us with an opportunity to hear national ideas on preservation of the civil jury trial and influence national thought through our input.
The National Jury Summit will be held at the Four Seasons Hotel in Chicago June 23-23, 2011. Among the speakers is Northwestern University School of Law Professor Robert Burns, the author of “The Death of The American Trial”. Illinois ABOTA will host a cocktail reception on Friday June 23, 2011 at the University Club. All members of Illinois ABOTA are invited to attend.
I am pleased to serve as President of the Illinois Chapter of ABOTA for the 2011-2013 term and will continue the work of my distinguished predecessors, Geoff Gifford, John Bell, Wendell Clancy, Frank Petrek, James Keating, Bruce Pfaff, Rudy Schade, Nick Motherway and Kevin Martin. Call or email me anytime. Peggy Unger, 312 984-0274 ungerm@jbltd.com
