CBA Record

Y O U N G L A W Y E R S J O U R N A L

correctional facility. Practically speaking, when a court believes sheriff-EHM to be appropriate, it imposes a jail sentence, remands the defendant to the custody of the sheriff and, in effect, recommends that the sheriff release the defendant on EHM (through a “Sentenced Order” utilized by the Cook County Sheriff). In the Sentenced Order, the court specifies hours that the defendant may leave his or her residence, e.g., for employment purposes or to attend medical appointments. The Sheriff will verify this information before allowing movement. The court also has discretion to require the defendant to pay for the costs of equipment use (capped at $30 per day). Ultimately, the sheriff has the prerogative to release the defendant on EHM, with the Sentenced Order essentially providing a screening process, as opposed to being a mandatory directive from the court. Judicial input into the EHM decision, however, is helpful. It allows for a preliminary determi- nation of whether the defendant is eligible for EHM, and oversight of release condi- tions. It also provides the court with discre- tion to increase the length of the sentence to account for the reality that EHM is not jail custody. (If the sheriff does not release the defendant on EHM, and the court imposed an increased sentence, the defendant could move to reduce his or her sentence.) Under the present law, EHM through probation does not appear to satisfy imprisonment requirements in recidivist DUI and 6-303 statutes. Although the probation department is an EHM “super- vising authority,” that does not mean that probation-administered EHM is a lawful substitute for imprisonment, especially in view of the significant differences between incarceration at home and incarceration in a penal institution. See People v. Ramos , 138 Ill. 2d 152, 159 (1990). Moreover, the leg- islature is presumed to know the difference between EHMand imprisonment. Because the legislature did not use words, such as “home detention” in recidivist 6-303 and DUI misdemeanor penalty provisions, it does not appear that legislature intended for EHM to be a sentencing option when

PRO BONO PROGRAM TAKES ON ARDC CASES By Shannon Burke

Because there is no right to counsel in disciplinary proceedings, indigent attorneys too often face the experi- ence alone. However, Holland&Knight LLP recently announced the nation’s first privately sponsored pro bono program to represent attorneys who could not otherwise afford representation in disciplinary proceedings. Trisha Rich, the Holland & Knight attorney leading the program, stated that there has been“a heightened awareness that many lawyers in the state who face disciplinary charges lack the resources to hire defense counsel. We have created the Attorney Defense Initiative to provide competent and dedicated legal repre- sentation for those attorneys who qualify.” Initially, only Holland & Knight attorneys will represent pro bono clients before the Illinois Attorney Regis- tration & Disciplinary Commission (ARDC). However, the firm intends to eventually include attorneys from other law firms as well.“The initial response to this program has been very enthusiastic. Several members of the respondents’[defense] bar have already offered to help,”Rich said. According to the Holland & Knight press release, James J. Grogan, deputy administrator and chief counsel of the ARDC stated, “The ARDC commissioners are enthusiastic about the Attorney Defense Initiative and they commend the goal of providing competent representation to any lawyer facing a disciplinary charge. There are many talented ARDC defense attorneys and they all perform some amount of pro bono service. However, there is a real need to provide consistently available quality legal representation for lawyers in financial need. This truly is a terrific idea.” Rich is part of Holland & Knight’s Legal Profession Team. She also co-chairs the CBA’s Young Lawyer’s Sec- tion Professional Responsibility Committee, which she credits with assisting in conceiving this program.“In addition to Holland & Knight’s support, my YLS co-chairs Phillip Skaggs and Emily Roschek spent the last year and a half helping me sketch these ideas out, sometimes literally on the backs of napkins. We spent a lot of time discussing ways we could provide pro bono legal services in the community. The final result is the Attorney Defense Initiative, which we are all tremendously proud of.” If you are an attorney interested in volunteering for the Attorney Defense Initiative, or in seeking legal assistance from the Attorney Defense Initiative, please contact Trisha Rich at trisha.rich@hklaw.com.

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44 OCTOBER 2015